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Agenda 10/14/2008 Item #16B 5Agenda Item No. 16565 October 14, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the agreement between the State of Florida Department of Transportation and Collier County to accept bicycles and a demonstration trailer, which shall solely be used within Collier County consistent with the Safe Routes To School (SRTS) program goals and guidelines. OBJECTIVE: To approve the agreement between the State of Florida Department of Transportation and Collier County to accept bicycles and a demonstration trailer, which shall solely be used within Collier County consistent with the Safe Routes To School (SRTS) program goals and guidelines. CONSIDERATIONS: The Safe Routes To School (SRTS) program was authorized in August 2005 by Section 1404 of the Federal Transportation Act to make it safer, easier and more fun for children in grades K through 8, to walk or bicycle to and from school. The SRTS is funded with Federal -aid highway funds to State Departments of Transportation for infrastructures projects and non - infrastructure programs. Collier County has agreed to participate in the non - infrastructure program component of SRTS by providing bicycle -use awareness and education to students throughout Collier County. The Florida Department of Transportation has agreed to provide bicycles and a demonstration trailer for use by the County as part of its participation in the SRTS program. Collier County Public School's transportation division has agreed to provide a vehicle to transport the demonstration trailer to locations as a joint effort to provide bicycle -use awareness and education to students. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office and is legally sufficient for Board action - SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement between the State of Florida Department of Transportation and Collier County to accept bicycles and a demonstration trailer, which shall solely be used within Collier County consistent with the Safe Routes To School (SRTS) program goals and guidelines. Prepared By: David Buchheit, Transportation Planning Project Manager Attachment: Safe Routes to School Program Agreement, Resolution Pa-eIofI Agenda Item No. 1 135 October 14, 20108 Page 2 of 8 file: / /C:AAnendaTest \Export\ l 14- October %2014, %202008\ 16. %2000NSENT %20AGEND... 10/8/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1585 Item Summary: Recommendation to approve the agreement between the State of Florida Department of Transportation and Collier County to accept bicycles and a demonstration trailer, which shall solely be used within Collier County consistent with the Safe Routes To School program goals and guidelines. Meeting Date: 10/14/2008 9:00:00 AM Approved By .Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 911912008 11:11 AM .Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9 ;2212008 4:19 PM Approved By Gloria Herrera Management /Budget Analyst Date Transportation Services Stormwater Management 9 ;2312008 10 :46 AM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 9123 ;2008 1:19 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/23/20'.8 1:42 PM Approved By Pat Lehnhard Executive Secretary Date Transportation, Services Transportation Services Admin 9/23/2005 2:07 PM Approved By Mark Isackson Budget Analyst Date County Wianager's Office Office of Management 8 Budget 912412008 9:00 AM Approved By .lames V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9;'25/2008 1:47 PM file: / /C:AAnendaTest \Export\ l 14- October %2014, %202008\ 16. %2000NSENT %20AGEND... 10/8/2008 Agenda Item No. 1555 October 14, 2008 Page 3 of 8 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT ") and COLLIER COUNTY, (hereinafter, "COUNTY "), for the COUNTY to participate in the Safe Routes to Schools Program. WITNESSETH 1. WHEREAS, the Safe Routes to School Program ( "SRTS ") was authorized in August 2005 by Section 1404 of the Federal Transportation Act to make it safer, easier and more fun for children in grades K through 8, to walk or bicycle to and from school; and 2. WHEREAS, SRTS is funded with Federal -aid highway funds to State Departments of Transportation for infrastructure projects and non - infrastructure programs; and 3. WHEREAS, the DEPARTMENT administers SRTS; and 4. WHEREAS, the COUNTY has agreed to participate in the non - infrastructure program component of SRTS by providing bicycle -use awareness and education to students throughout Collier County; and �.. 5. WHEREAS, the DEPARTMENT has agreed to provide bicycles and a storage trailer for use by the COUNTY as part of its participation in the SRTS program; and 6. WHEREAS, the COUNTY by Resolution No. dated the _ day of , 2008, a copy of which is attached hereto and made a part hereof, has authorized the Chairman or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: I. PARTY OBLIGATIONS 1) DEPARTMENT OBLIGATIONS A) The DEPARTMENT shall provide to the COUNTY bicycles and a storage trailer for the bicycles upon execution of this Agreement. 2) COUNTY OBLIGATIONS A) The COUNTY shall accept the bicycles and storage trailer, which shall solely be used within Collier County consistent with the SRTS program goals and guidelines. B) The AGENCY shall retain ownership and control of the storage trailer and bicycles at all times. The AGENCY shall not transfer, sell, lease or otherwise dispose of the storage trailer and/or any of the bicycles upon taking possession of the storage trailer and bicycles. Agenda Item fJo. :;E,i October 14. LOC3 image 4 of 8 SRTS BICYCLES & TRAILER COLLIER COUNTY Page 2 of 5 C) Upon taking possession of the bicycles and storage trailer, the COUNTY shall be responsible for any and all expenses, including but not limited to training expenses, SRTS activities, tags, title, insurance, maintenance, storage and transportation for the bicycles and trailer. The COUNTY agrees that at no time shall the DEPARTMENT be liable or responsible for any costs incurred by the COUNTY after the COUNTY has accepted the bicycles and storage trailer. D) Upon taking possession of the bicycles and storage trailer, the COUNTY shall be responsible for all liability, to the extent provided by law, for the bicycles, storage trailer and use of the bicycles and storage trailer. The COUNTY agrees that at no time shall the DEPARTMENT be responsible for any liability arising out of any use of the bicycles and storage trailer after the COUNTY has taken possession of same. E) The COUNTY shall provide, on a quarterly basis to the DEPARTMENT, an activity report with details of SRTS events held by the COUNTY, including dates, # of students participating and general overview of events, and any other information required by the DEPARTMENT in administration of the SRTS program. F) The COUNTY shall allow other local government agencies and non - government entities within Collier County to use the bicycles and storage trailer for SRTS program activities provided that the agency or entity has taken the Florida Traffic and Bicycle Safety Education Program's Traffic Safety Education Course. 111. GENERAL PROVISIONS 1) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 2) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document and executed by both parties. Agenda Item No. 15135 October 14, 2008 Page 5 of 8 SRTS BICYCLES & TRAILER COLLIER COUNTY Page 3 of 5 3) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 5) The COUNTY shall retain ownership and control of the storage trailer and bicycles at all times. The COUNTY shall not transfer, sell, lease or otherwise dispose of the storage trailer and/or any of the bicycles upon taking possession of the storage trailer and bicycles. 6) This Agreement shall he governed by and construed in accordance with the laws of the State of Florida. 7) This Agreement shall take effect upon execution by both parties and remain in effect until terminated in accordance with the terms of this Agreement. III. TERMINATION 1) The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. 2) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. 3) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination in writing. IV. INDEMNITY 1) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. Agenda !tern I io. 16B5 3,1f:;ber 14. 20-08 Page 6 of 8 SRTS BICYCLES & TRAILER COLLIER COUNTY Page 4 of 5 2) The COUNTY agrees to include the following indemnification provision in all contracts with any non - government entity ( "Entity ") who perform any activity in connection with this Agreement: "The Entity shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the Entity, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." V. NOTICES 1) All notices under this Agreement from the COUNTY to the DEPARTMENT shall be directed to the following addresses: TO DEPARTMENT: Florida Department of Transportation Sarita Taylor, District One Bicycle/Pedestrian Coordinator 801 North Broadway Avenue Bartow, FL 33830 863/519 -2216 Fax 863/534 -0915 TO COUNTY: Collier County David Buchheit 2885 South Horseshoe Drive Naples, Fl 34104 239 -213 -5834 DavidBuchheitaa colliergov.net Rest of this page intentionally left blank. Agenda item No, 1585 October 14, 2008 Page 7 of 8 SRTS BICYCLES & TRAILER COLLIER COUNTY Page 5 of 5 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: Date to be entered by the DEPARTMENT ATTEST CLERK ATTEST COLLIER COUNTY (SEAL) DATE CHAIRMAN OR DESIGNEE PRINT NAME DATE COLLIE OUNTY LEG4kL REVIEW: BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (SEAL) DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY. DATE Agenda ftem No. 16,5 October 14, 21'OC8 Page 8 of 8 RESOLUTION NO. 2007 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN THE SAFE ROUTES TO SCHOOLS PROGRAM AND AUTHORIZING ITS EXECUTION. WHEREAS, at the October 14, 2008, meeting of the Collier County Board of Commissioners the Board approved entering into an Agreement with the Florida Department of Transportation ( "FDOT") to participate in the Safe Routes to Schools Program ( "SRTS ") to promote safer, easier, and more fun for children in grades K through 8, to walk or bicycle to and from school; and WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman to execute the Agreement; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to enter into the Agreement to participate in the SRTS program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the aforementioned Agreement with FDOT. 2. A certified copy of this Resolution shall be forwarded to FDOT along with the Agreement for execution by FDOT. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 14th day of October, 2008. ATTEST: DWIGHT E. BROCK, Clerk go , Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA : TOM HENNING, Chairman