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Backup Documents 03/08/2022 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 54k/rP 3/Z1 4. BCC Office Board of County Commissioners W/7 l97 5. Minutes and Records Clerk of Court's Office y�/� 7-1 3!1� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Marlene Messam/Transportation Contact Information 239-252-5773 Contact/Department Engineering Agenda Date Item was March 8,2022 Agenda Item Number 16A10 Approved by the BCC Type of Document Locally Funded Reimbursement Agreement Number of Original 2 Attached (LFRA)with the Florida Department of Documents Attached Transportation(FDOT),and Resolution PO number or account N/A number if document is /Qy Q p/es e co/kft,t+ rik4e4e —3 to be recorded /'IC.S,soo-1 2521-5773 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK MAM 2. Does the document need to be sent to another agency for additional signatures? If yes, I MAM provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 4 MAM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 'MAM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 4 MAM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/8/2022 and all changes made during 1 MAM N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the 4 MAM N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. Crystal K. Kinzel cOT couRr 16111. 0 Collier County ok Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 n P -</to„CJ rt.,°�`o March 30, 2022 Simon Shackelford, Local Program Coordinator South West Area Office, District One Florida Department of Transportation 10041 Daniels Parkway, MS 1-98 Fort Myers, FL 33913 Re: Collier County Resolution 2022-39 Mr. Shackelford, Attached for further processing is a certified copy of the Resolution referenced above, and original accompanying documents, adopted by the Collier County Board of County Commissioners March 8, 2022. If your office requires further information regarding this mailing, please feel free to contact me at 239-252-8406. Thank you. CRYSTAL K. KINZEL, CLERK GILUA Ann Jennejoh Deputy Clerk Attachment Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16q / 0 RESOLUTION NO. 2022 - 39 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A LOCALLY FUNDED REIMBURSEMENT AGREEMENT FOR PROJECT #444185-1-62-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR CONSTRUCTION CULVERT REPLACEMENT AT CR 846 OVER THE DRAINAGE CANAL, AND AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT. WHEREAS, FDOT has included in its Five-Year Work program a project for Construction Engineering and Inspection support for the construction culvert replacement at CR 846 over the drainage canal (Project#444185-1-62-01); and WHEREAS, FDOT and the Board of County Commissioners (County) wish to enter into a Locally Funded Reimbursement Agreement (Agreement) that would require the County to provide advance funding to FDOT for the project and WHEREAS, FDOT requires that the County provide a Resolution memorializing and confirming the County's affirmative vote to approve the Agreement, and authorizing the Chair to execute the Agreement. 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 Chair to sign, the Locally Funded Reimbursement Agreement for Project#444185-1-62-01. 2. This Resolution memorializes and confirms the Board's approval of the Agreement. 3. A certified copy of this Resolution shall be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution adopted upon majority vote favoring same this $tti day of (..3_ 2022. ATTEST:.0 .....`, ^ BOARD OF COUNTY COMMISSIONERS Crystal K..Kinzel, Cler C 9,f Courts COLLIER CO 'e -a ' DA 'f' !t.'•' t:i oi:,4:::, ,A ...'i (,e) Alv, .._ OA By: 4zr , , Q� . By: -mr Aiv - -s' .r � • u lerk Wil 1:m L. McDaniel, Jr., Chairman AtteSt`tl t0 Chgl 5i nature only. Appri�es, s ►rm and legality: -dal rj Jeffrey + . K i ow, County Attorney DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD 1 6 A 1 L' FM#: 444185-1-62-01 LFA: COLLIER COUNTY Page 1 of 4 LOCALLY FUNDED REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") and the COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter, "AGENCY") for AGENCY to provide a lump sum deposit to the DEPARTMENT for Construction Engineering and Inspection (CEI) services to support replacement of bridge (#030138) at CR 846 over the drainage canal. WITNESSETH A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work Program in Fiscal Year 2024/2025; advanced to Fiscal Year 2021/2022 and B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for Construction Engineering and Inspection services to support replacement of existing two- lane Bridge (#030138) on Immokalee Road east of SR 29. The new Bridge (#034833) superstructure features two 12-foot lanes (one in each direction), 8-foot shoulders, bridge railings, retaining walls, and guardrails, supported by a 12-inch Florida Slab Beam, and; C. WHEREAS, the DEPARTMENT and the AGENCY desire to enter into this Locally Funded Reimbursement Agreement to set forth the terms and conditions upon which the AGENCY shall provide advance funding (See Exhibit "B", Estimated Schedule of Funding, attached and incorporated by reference) for the PROJECT; and D. WHEREAS, the AGENCY, by Resolution dated the 8+1' day of nrcti . 20.Z, a copy of which is attached hereto and made a part hereof as Exhibit A has authorized the Chairperson 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: 1. The foregoing recitals are true and correct and are hereby adopted incorporated into and made a part of this Agreement by reference, as if fully set forth herein. 2. The AGENCY agrees that it will, at least fourteen (14) calendar days after the execution of this agreement, furnish the DEPARTMENT an advance deposit in the amount of Three Hundred Sixty Thousand Dollars ($360,000) to be used for the project cost for project number#444185-1-62-01. 3. The advance payment of funds under this agreement will be made directly to the DEPARTMENT for deposit. All interest earned in the account will be used for the project and is not eligible for reimbursement to the AGENCY. 4. The DEPARTMENT agrees to reimburse the AGENCY for the advance deposit in the amount of Three Hundred Sixty Thousand Dollars ($360,000) in accordance with Section 339.12, CAO DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD 16 A I 0 FM#: 444185-1-62-01 LFA: COLLIER COUNTY Page 2 of 4 Florida Statutes, and the reimbursement is subject to legislative approval and appropriation. The AGENCY acknowledges and agrees that it will not invoice the DEPARTMENT for any portion of the Three Hundred Sixty Thousand Dollars ($360,000) prior to July 1, 2024, the beginning of the fiscal year the project is scheduled in the Department's Work Program. After receipt of a properly documented invoice, the reimbursement will be made to the AGENCY in one lump sum. 5. All deposits shall be made payable to the Florida Department of Transportation: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, FL 32399 6. All notices under the Agreement shall be directed to the following contact persons: TO DEPARTMENT: TO AGENCY: Simon Shackelford Marlene Messam, P.E. Local Program Coordinator Principal Project Manager Florida Department of Transportation Collier County 801 N. Broadway Avenue 2885 South Horseshoe Drive Bartow, Florida 33830 Naples, FL 34104 (239) 225-1958 (239) 252-5773 Simon.shackelford(a,dot.state.fl.us Marlene.messamc colliercountyfl.gov 5. Failure of the AGENCY to deposit said amount shall be grounds for termination of this Agreement. 6. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed. 7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the AGENCY. The AGENCY shall not be obligated or liable hereunder to any party other than the DEPARTMENT. 9. 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. 10. 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 CAO DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD 1 6 a 1 0 FM#: 444185-1-62-01 LFA: COLLIER COUNTY Page 3 of 4 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 representations 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. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Remainder of this page intentionally left blank. CAO 16Aio DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD FM#: 444185-1-62-01 LFA: COLLIER COUNTY Page 4 of 4 IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf through its Chairperson 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: Department to enter date. LOCAL AGENCY • COLLIER COUNTY iiii Appro -, to t and legality By: BoCC CH. : ' . • OR DESIGNEE. . .I / , s 1 JeffreyA. latzk CountyAttorneyB : �f , ! 0.' y —�•�—+_ / William L. McDaniel, Jr., Chairman Date: 3/8/2_2 ATTEST: By: CLUAA — t • C • Crystak K., Atzel,tiak AtteSt.26.•t0 Ctla ales silnati,ire f)'11V. ATTEST BY: EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE FLA. DEPT.OF TRANS. LEGAL REVIEW: os BY: r`Dc DATE I6A10 Exhibit B Page 1 of 1 EXHIBIT B ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 4444185-1-62-01 Lump Sum SR 45 (US Bus 41) at 23" St. West Construction Phase: Amount: 52 $360,000 Total Contribution $360,000 (Local Agency): Rest of this page intentionally left blank.