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Backup Documents 04/26/2022 Item #16A 9 1 6 A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **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 Initial Date 1. County Attorney Office CAO c�1 t� 2. Board of County Commissioners Office BOCC J 101 L i Fs/ 2 Y�Zi� 2 3. Minutes and Records Clerk of Court's Office 1 �i 512. 4. E-mail signed document to: Lisa.Abatemarco@colliercountyfl.gov 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 Lisa Abatemarco 252-5188 Contact/ Department Agenda Date Item was 4/26/2022 Agenda Item Number 16.A f Approved by the BCC Type of Document Locally Funded Agreement and Resolution \ Number of Original Attached (CR 901Nanderbilt Dr)4 Z acatirempiT pups, Documents Attached PO number or account 2o 2.2 ..((D number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature STAMP OK BLUE INK LA 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed LA 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 LA 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 LA 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. LA 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 4/26/2022 and all changes made during the meeting have been incorporated in the attached document. The County LA Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ,, BCC,all changes directed by the BCC have been made,and the document is ready for the I Chairman's signature. ,+� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A 9 Ann and/or Martha: Please make three certified copies of the resolution for inclusion in these agreements. Lisa: Each certified copy of the resolution needs to be labeled Exhibit "A" (stickies attached) and attached to the three executed agreements. All: Please give me a call if you have any questions or need additional information: Derek D. Perry, (239) 252-8066. I' nrlilrn �Iln,t ,rl " � Crystal K. Kinzel 1 b A 9 CV1T COURT Collier County o Clerk of the Circuit Court and Comptroller r 3315 Tamiami Trail East, Suite 102 A Naples, Florida 34112-5324 r<'�R COUNTY.'`) May 2, 2022 Simon Shackelford, Local Program Coordinator Florida Department of Transportation 801 N. Broadway Avenue Bartow, FL 33830 Re: Certified Collier County Resolution 2022-66 Mr. Shackelford, Attached for further processing are three (3) certified copies of the Resolution referenced above, and three (3) original accompanying agreements, adopted by the Collier County Board of County Commissioners April 26. 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 Ann Jennej ohn, Deputy Clerk Attachment Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 1 6 A 9 RESOLUTION NO. 2022- 66 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO SUPPORT THE DESIGN OF SIDEWALKS AT CR 901 / VANDERBILT DRIVE FROM VANDERBILT BEACH ROAD TO 109th AVENUE NORTH. (FM 438092-1-32-02) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Locally Funded Agreement (the "Agreement") with Collier County, wherein FDOT will provide Collier County with a lump sum deposit of$49,205.00 (Forty-Nine Thousand Two Hundred and Five Dollars) to support the design of sidewalks at CR 901 /Vanderbilt Drive from Vanderbilt Beach Road to 109th Avenue North (Project Number#438092-1-32-02); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. 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 Agreement pertaining to Project Number#438092-1-32-02. 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 26th day of April, 2022. N1 ATTEST: ` BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER •) - ORIDA B 1 'Apt) ZZ- By: (-1) ‘; , , Deput lerk Willy 4 L. McDaniel, Jr., Chairman Attest a to Chainilem. sure 0[I oved as to form and legality: D ek D. Perry Assistant County Attorney ,I/ [22-GRC-01326/1706135/1] Page 1 of 1 DocuSign Envelope ID: DD71204D-4EE8-4E1D-8CC0-F8D7013DF3C4A 1 6 A 9 FM #: 438092-1-32-02 LIMA: COLLIER COUNTY Page 1 of 3 LOCALLY FUNDED 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 the AGENCY to provide a lump sum deposit to the DEPARTMENT to support the design of sidewalks of CR 901/ Vanderbilt Drive from Vanderbilt Beach Road to 109`h Avenue North. WITNESSETH A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work Program in Fiscal Year 2021/2022; and B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for; and The design of sidewalks at CR 901/ Vanderbilt Drive from Vanderbilt Beach Road to 109`h Avenue North. C. WHEREAS, the DEPARTMENT and AGENCY desire to enter into this Locally Funded Agreement to set forth the terms and conditions upon which AGENCY shall provide funding (See Exhibit "B", Estimated Schedule of Funding, attached and incorporated by reference) for PROJECT; and D. WHEREAS, the AGENCY, by Resolution dated the 26' day of Apri 1 , 20 2 2, 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 with a lump sum non-refundable deposit in the amount of Forty-Nine Thousand Two Hundred and Five Dollars ($49,205.00) to be used for the project cost for project number #438092-1-32-02. The Department will utilize this deposit for payment of the costs of the PROJECT. 3. 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 4. All notices under the Agreement shall be directed to the following contact persons: CAO DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CC0-BD7013DF3C4A 1 6 A 9 I�M #: 438092-1-32-02 LEA: COLLIER COUNTY Page 2 of 3 TO DEPARTMENT: TO AGENCY: Simon Shackelford Michael Tisch Local Program Coordinator Collier County Florida Department of Transportation Project Manager 801 N. Broadway Avenue 2885 South Horseshoe Dr. Bartow, Florida 33830 Naples, FL 34104 (239) 225-1958 (239) 252-5839 Simon.Shackelford@dot.state.fl.us Michael.Tisch@colliercountyll.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 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. e40 DocuSign Envelope ID: DD71204D-4EE8-4E1D-8CCo-BD701313h3C4A 1 6 A 9 FM #: 438092-1-32-02 LEA: COLLIER COUNTY Page 3 of 3 IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executedirri,ts behalf through its Chairperson or its designee, as authorized by Resolution Number 2022-66 , 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 ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CRYST L K. KINZ L, CLERK COLLIER COUNTY, FLORIDA B : >De• r Attest a3 Chaum Deputy p y Clerk , , 16- OAP AirS R8 ITV By: _hap Alp e�'� to form an egality: Willi•i IL. McDaniel, Jr., Chairman Date: 11(R IL 2 LI Z o 2 Derek D. Perry `2'v � Assistant County Attorney \\� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: c DS DATE DO DocuSiyn Lnvelope ID: DD71204D-4EE8-4E1D-8CCo-BD7013D1-3C4A 1 0 A 9 Exhibit B Page I of 1 EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 438092-1-32-02 CR 901/Vanderbilt Dr from Vanderbilt Beach Road to 109`h Ave N Construction Phase: Amount: 32 $ 49,205.00 Total Contribution $ 49,205.00 (Local Agency): Rest of this page intentionally left blank. n n 16A 9 Ann P. Jennejohn From: AbatemarcoLisa <Lisa.Abatemarco@colliercountyfl.gov> Sent: Tuesday, May 3, 2022 11:31 AM To: Ann P.Jennejohn; Minutes and Records Cc: PerryDerek Subject: RE: FDOT Locally Funded Agreements & Resolutions (Items#16A8 & 16A9 4-26-22 BCC Meeting) Follow Up Flag: Follow up Flag Status: Completed Please do not send these to FDOT. We will handle it from here! Lisa From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Tuesday, May 3, 2022 11:29 AM To:AbatemarcoLisa <Lisa.Abatemarco@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: PerryDerek<Derek.Perry@colliercountyfl.gov> Subject: FDOT Locally Funded Agreements& Resolutions (Items#16A8 & 16A9 4-26-22 BCC Meeting) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello again, Yesterday I sent an email regarding Item #16A8 & #16A9 from the April 26 BCC Meeting? The ones that need to go to FDOT for further processing. We have the certified resolutions and original agreements ready to go to Bartow. I will be gone until Monday, (which is why I'm sending this — not to rush you) but want to make sure a further instructions are received. I know these documents are very important and may be time sensitive. Please e-mail any info in regards to mailing them to the FDOT Office in Bartow (USPO or FedEx) to: wtivtutesavtdrecords@colliercterk.com i 16A9 EXHIBIT"A" RESOLUTION NO. 2022- 66 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO SUPPORT THE DESIGN OF SIDEWALKS AT CR 901 / VANDERBILT DRIVE FROM VANDERBILT BEACH ROAD TO 109th AVENUE NORTH. (FM 438092-1-32-02) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Locally Funded Agreement (the "Agreement") with Collier County, wherein FDOT will provide Collier County with a lump sum deposit of 849,205.00 (Forty-Nine Thousand Two Hundred and Five Dollars) to support the design of sidewalks at CR 901 /Vanderbilt Drive from Vanderbilt Beach Road to 109th Avenue North(Project Number #438092-1-32-02); and WI-IEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. 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 Agreement pertaining to Project Number#438092-1-32-02. 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,this 26th day of April, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER 0' • ' ORIDA By: ZZ By: /3 r+ j ^'"�,,,�,,.y� , Deput_ lerk Willi•m L. McDaniel,Jr.,Chairman s uni0 '� ved as to form and legality: D e D. Perry I,Crystal K.4 lnzel;•Clerketecgrte i:.end for Collier County do hearty t.miry;rat the fiat,e ia,strumeat is a truo at J correct Assistant County Attorney ,� copy of ti(Codginel n lie( tr.Fbri �tr BY. Clerk (22-GRC-01326/1706135'I( Page 1 of 1 DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCO-BD7013DF3C4A I 6 A 9 FM#:438092-1-32-02 LFA: COLLIER COUNTY Page 1 of 3 LOCALLY FUNDED 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 the AGENCY to provide a lump sum deposit to the DEPARTMENT to support the design of sidewalks of CR 901/ Vanderbilt Drive from Vanderbilt Beach Road to 109" Avenue North. WITNESSETH A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work Program in Fiscal Year 2021/2022; and B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for; and The design of sidewalks at CR 901/ Vanderbilt Drive from Vanderbilt Beach Road to 109`h Avenue North. C. WHEREAS, the DEPARTMENT and AGENCY desire to enter into this Locally Funded Agreement to set forth the terms and conditions upon which AGENCY shall provide funding (See Exhibit "B", Estimated Schedule of Funding, attached and incorporated by reference) for PROJECT; and D. WHEREAS, the AGENCY,by Resolution dated the 26' day of Alri l , 20 2 2, 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 with a lump sum non-refundable deposit in the amount of Forty-Nine Thousand Two Hundred and Five Dollars (S49,205.00) to be used for the project cost for project number #438092-1-32-02. The Department will utilize this deposit for payment of the costs of the PROJECT. 3. 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 4. All notices under the Agreement shall be directed to the following contact persons: CAO DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCo-BD7013DF3C4A 1 6 FM#:438092-1-32-02 LFA: COLLIER COUNTY Page 2 of 3 TO DEPARTMENT: TO AGENCY: Simon Shackelford Michael Tisch Local Program Coordinator Collier County Florida Department of Transportation Project Manager 801 N. Broadway Avenue 2885 South Horseshoe Dr. Bartow,Florida 33830 Naples,FL 34104 (239)225-1958 (239)252-5839 Simon.Shackelford@dot.state.fl.us Michael.Tisch@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 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. c40 I 6 A 9 DocuSign Envelope ID:36AC41:511-E3C5-4FA1-9851-8AD2DE454C29 FM#:438092-1-32-02 LFA: COLLIER COUNTY Page 3 of 3 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 202�2 66 , 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: 5/12/2022 1 4:56 PM EDT Department to enter date. '. ; LOCAL AGENCY COLLIER COUNTY ram`c i ,, +'�r BOARD OF COUNTY COMMISSIONERS CYS.t•L ICicir& ,CLERK COLLIER COUNTY,FLORIDA fir* 1,1, � - ri De • -- ',1 Deputy Clerk / 0.40011° - rw By: .rlb —;�1► ikg yeaas to form and legality:.. ,. e,---- .._1 Will'.m L. McDaniel,Jr.,Chairman ` Date: A el<I L 2 Ce a 2-02 Z- D k D. Perry ` -I,/ Assistant County Attorney 9 IJ\1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST .—Dow11 n.l by: , -Decu$gne by: - Jf44L fice4twt4 _BY: 3.,f,,, F LY, EitittrtWE SECRETARY (SEAL) DISTIrerfirRETARY OR DESIGNEE DISTRICT ONE Jerri McCants 5/12/2022 1 4:51791q1nEOWbler 5/11/2022 1 4:56 Pi PRINT NAME DATE PRINT NAME DATE FLA.DEPT.OF TRANS.LEGAL REVIEW: Deeu$ign.d by: By Af, (_.4 5/11/2022 1 3:3 ssEDT 937D1D5420AE4D9... DATE De 90 DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCO-BD7013DF3C4A 16 A 9 Exhibit B Page 1 of 1 EXHIBIT `B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 438092-1-32-02 CR 901/Vanderbilt Dr from Vanderbilt Beach Road to 109th Ave N Construction Phase: Amount: 32 $49,205.00 Total Contribution $49,205.00 (Local Agency): Rest of this page intentionally left blank. 0