Resolution 2024-029 RESOLUTION NO. 2024 - 2 9
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 CONSTRUCTION
ENGINEERING INSPECTION (CEI) OF BICYCLE LANES
ALONG 111TH AVENUE FROM BLUEBILL AVENUE
BRIDGE TO 7TH STREET NORTH. (FPN 441846-1-62-01)
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Locally Funded Agreement (the "Agreement") with Collier County, wherein the County
will provide FDOT with a lump sum deposit of$176,576.95 (One Hundred Seventy-Six Thousand
Five Hundred Seventy-Six Dollars and Ninety-Five Cents) to support the CEI of bicycle lanes
along 111th Avenue from Bluebill Avenue Bridge to 7th Street North. (FPN 441846-1-62-01); 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
Locally Funded Agreement pertaining to FPN 441846-1-62-01.
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 27th day of February 2024.
ATTEST}; •• �� BOARD OF COUNTY COMMISSIONERS
CRYST 1`L, K . 41 Z •,`€lerk OF COLLIER OUNTY, FLORIDA
R 1
By: MINK . By:
Attest as`to ail ,an's ,teputy Clerk Chris 1, hairman
signet' = oe . )°'
Ap ed as to form and legality:
.,,,ww
Derek D. Perry
Assistant County Attorney \)\\
[23-GRC-01391/1841452/1] Page 1 of 1
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FM #: 441846-1-62-01
LFA: Collier County
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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 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 CEI phase for the construction of bike lanes
along 111th Avenue North from Bluebill Avenue Bridge to 7th St North.
WITNESSETH
A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work
Program in Fiscal Year 2023/2024; and
B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for:
Provide CEI services for the construction of bike lanes along 111th Avenue North from
Bluebill Avenue Bridge to 7th St 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 the PROJECT; and
D. WHEREAS, the AGENCY, by Resolution dated the 27th day of February , 20 24,
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 One Hundred Seventy-Six Thousand Five Hundred Seventy-Six Dollars and
Ninety-Five Cents ($176,576.95) to be used for the project cost for locally funded project
number #441846-1-62-01. The Department will utilize this deposit for payment of the costs
of the PROJECT.
3. As the deposit is non-refundable, the DEPARTMENT will not refund any monies in the
event the project costs less than the deposit. In the event the project costs more than the
deposited amount, the DEPARTMENT agrees to pay the difference.
CAO
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LFA: Collier County
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4. 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:
TO DEPARTMENT: TO AGENCY:
Aileen Keating Michael Tisch
Local Program Coordinator 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 239-252-5869
Ailcen.Kcating(a?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
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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 IS INTENTIONALLY LEFT BLANK
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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.
COLLIER COUNTY, FLORI
ATTEST i f. • , lerk BOARD OF CO T C MMIS I RS C LLIER COUNTY,FLORIDA
BY ,t: �i` BY:
A t = to-Champ n'$ Chairper
-, , Sfgnat enl
t/ 1Chris Hall
P ,NAME PRINT NAME
ITIIE ATE
COLL CO TY LEG REVIEW: (�
BY: `1\ \V‘k
Derek D. Perry ATE
Assistant County Attorney e
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY: BY:
District One Secretary or Designee
PRINT NAME PRINT NAME
TITLE DATE TITLE DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW: C
BY:
a
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Exhibit A
Agency Resolution Authorizing
Chairperson to Enter into Agreement
Exhibit B Page 1 of 1
EXHIBIT B
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number:
441846-1-62-01
Bike lanes along 111th Ave N from Bluebill Avenue Bridge to 7' St N
Construction Engineering Inspection
Phase: Amount:
62 $ 176,576.95
Total Contribution $ 176,576.95
(Local Agency):
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