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Agenda 02/22/2011 Item #16F4 2/22/2011 Item 16.F.4. Executive Summary Recommendation to approve a Locally Funded Agreement Between Collier County and the Florida Department of Transportation and a Resolution Authorizing the Chairman to sign the Agreement. OBJECTIVE: To obtain approval of a Locally Funded Agreement with the Florida Department of Transportation ("FDOT") whereby Collier County will provide the FDOT with brick pavers and $6,683.58 for installation at the crosswalk located at US 41 at Pelican Bay Blvd. CONSIDERATION: The Community of Pelican Bay has been designated a dependent Municipal Services Taxing and Benefit Unit (MSTBU), whose governing body is the Collier County Board of County Commissioners. The Pelican Bay Services Division (PBSD) oversees the operation of this Unit. The Community receives County Services directly from Collier County and special, non-County services and benefits from the Pelican Bay Services Division (PBSD), Pelican Bay property owners (both residential and commercial) tax and assess themselves each year to pay for the special PBSD services and amenities. These PBSD funds are collected by the County but have been administered by the PBSD Board with the assistance of a Staff and a Manager. Whereas the FDOT has included in its five year work program a project on US 41 at Pelican Bay Boulevard to add pedestrian features for bicycles and extend the existing bike path to existing pedestrian features. Due to the development of the Community Improvement Plan (CIP) with the MSTBU the Pelican Bay Services Division has requested that brick pavers be used in order that the crosswalk follows the CIP adopted by the community, FISCAL IMPACT: Funds have been budgeted in the FY 2011 budget in the amount of $6,683.58 in the Pelican Bay MSTBU Fund 322. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote-SRT. RECOMMENDA TION: That the Board of County Commissioners approves the Locally Funded Agreement with FDOT and the attached Resolution required by FDOT authorizing the Chairman to sign the Agreement. Prepared by Mary McCaughtry, Operations Analyst, Pelican Bay Services Division Attachments: Locally Funded Agreement; Proposed Resolution. Packet Page -1037- 2/22/2011 Item 16.F.4. COLLIER COUNTY Board of County Commissioners Item Number: 16,F.4. Item Summary: Recommendation to approve a Locally Funded Agreement Between Collier County and the Florida Department of Transportation and a Resolution Authorizing the Chairman to sign the Agreement, Meeting Date: 2/22/2011 Prepared By Name: McCaughtryMary Title: VALUE MISSING 2/9/2011 1:15:11 PM Submitted by Title: VALUE MISSING Name: McCaughtryMary 2/9/2011 1 :15:12 PM Approved By Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/9/2011 4: 17:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 2110/2011 1:42:55 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 2/14/2011 10:36:17 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 2/14/2011 10:44:05 AM Packet Page -1038- 2/22/2011 Item 16.F.4. FPID PROJECT #42741015201 LOCALL Y 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, FLORIDA as the governing body of the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter, "COUNTY") for the COUNTY to provide the DEP AR TMENT with a lump sum amount for brick pavers crosswalk installation on US 41 at Pelican Bay Boulevard North, WITNESSETH A. WHEREAS, the DEPARTMENT has included in its Five Year Work Program a project on US 41 @ Pelican Bay Boulevard to add pedestrian features for bicycles and extend the existing bike path to existing pedestrian features; and B. WHEREAS, the COUNTY requested that the DEPARTMENT install a brick paver crosswalk on US 41 at Pelican Bay Blvd N (hereinafter, the "PROJECT'); and C. WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Lump Sum Non~ reimbursable Locally Funded Agreement to set forth the terms and conditions upon which COUNTY shall provide funding for PROJECT; and D. WHEREAS, the COUNTY, by Resolution dated the _ day of .2011, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson or desjgnee 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 COUNTY agrees that it will furnish the DEPAR1MENT with a lump sum non- refundable deposit in the amount of SIX THOUSAND SIX HUNDRED EIGHTY. THREE DOLLARS AND FIFTY-EIGHT CENTS ($6,683.58) upon execution of this Agreement. 2. The COUNTY will provide brick pavers to the DEP AR TMENT' s contractor for installation. 3. All deposits shall be made to the Department of Transportation and mailed as follows: Florida Department of Transportation OOC-GAG, LFA Section 605 Suwannee Street, MS42B Tallahassee, Florida 32399 A copy shall be sent to: Karen Miracola, District One District One LFA IJPA Coordinator Florida Department of Transportation 10041 Daniels Parkway, Fort Myers, Florida 33913 4, The DEPARTMENT shall provide any additional funding to complete the PROJECT. Packet Page -1039- 2/22/2011 Item 16.F.4. FPID PROJECT #428126 1 S2 01 LFA: PELICAN BAY Page 2 of3 5. Failure of the COUNTY to deposit said amount shall be grounds for termination of this Agreement. 6. The DEPARTMENT and the COUNTY agree that the payment shall be an asset of the DEP AR TMENT and that is constitutes a full and final payment for the cost of the work, without any requirement for a subsequent accounting for the use of the payment. 7, This Agreement shaH continue in effect and be binding on the parties until the PROJECT is completed. However, the COUNTY's obligation to maintain the PROJECT after completion shall survive the term of this Agreement. 8. 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, 9, The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 10. 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. 11. This document incorporates and includes aU 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 tems hereof sha1l 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, Rest of this page intentionally left blank. Packet Page -1040- 2/22/2011 Item 16.F.4. FPID PROJECT #41741015201 LFA: PELICAN BAY SERVICES DIVISION Page 3 00 IN WITNESS WHEREOF, COLLIER COUNTY 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, FLORIDA ATIEST BOARD OF COUNTY COMMISSIONERS CHAIRPERSON OR DESIGNEE CLERK (SEAL) DATE PRINT NAME DATE Approved as to form and legal sufficiency: . O?~ ) :l' p~ 'hi e.. '4~ ~ 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: DATE Packet Page -1041- 2/22/2011 Item 16.F.4. RESOLUTION NO. 2011 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO, EXECUTE THE ATTACHED LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE INSTALLATION OF BRICK PAVERS ON D,S. 41 AT PELICAN BAY BOULEVARD NORTH (FPID PROJECT # 4274101 5201). WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier County, Florida (the "County") wish to enter into a Locally Funded Agreement ("LFA") to install brick pavers at the crosswalk on U.S. 41 at Pelican Bay Boulevard North identified as FPID Project #427410 1 5201; and WHEREAS, FDOT requires the County to provide a resolution memorializing and confirming the County's affirmative vote approving the LFA and authorizing its Chairman to execute the agreement; and WHEREAS, the Collier County Board of County Commissioners fmds that it is in the public interest to install brick pavers at the crosswalk on D,S, 41 at Pelican Bay Boulevard North and enter into the LF A. 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 Locally Funded Agreement with FDOT. 2, A certified copy of this Resolution shall be forwarded to FDOT along with the Locally Funded Agreement for execution by FDOT. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 220d day of February, 2011. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal ~ency: (fii) Scott R. Teach, Deputy County Attorney Packet Page -1042-