Backup Documents 11/10/2009 Item #16B 2
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16,., B "')
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO c;
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office Imly after the Board has taken action on the item)
ROUTING ~IP
Complete routing lines # 1 through #4 as appropriate for additional signatures, d~t:~, and/o:~~ormation needed. If the document is already complete with the
exccotion ofttle Chairman's signature, draw a line throuO'h routinplines #1 thrau #4, com ete the checklist, and forward to Sue Filson line#5).
Route to Addressee(s) Office Initials Date
(List in roUtiD!! order)
1.
2. Ian Mitchell, Executive Manager Board of County Commissioners ~ It ({O/6~
3. Minutes and Records Clerk of Court's Office
4. Michael Greene, Transportation Transportation Division
Planning Manager
5. Karen Miracola FDOT
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of lhe addressees above, incllrling Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bec Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date Item was 11-10-09 Agenda Item Nwnber 16 B 2
Approved bv the BCC
Type of Docwnent Agreement & Resolution t'IfJ/vA N umber of Original 4
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes colwnn or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original docwnent has been signed/initialed for legal sufficiency. (All docwnents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the &lard and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan' s
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 11-10-09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
,"'"
'l\I"\r\.
tv
~ I:)
l.<')
l.'.J
l: Forms/ eOWlty Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
November 16, 2009
To:
Michael Greene, Planning Manager
Planning Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-264
Enclosed please find a Certified Resolution and the Original Document as
referenced above, (Agenda Item #16B2) approved by the Board of County
Commissioners on Tuesday, November 10, 2009.
Please return a fully executed orie:inal to the Minutes and Records
Department for the Board's Official Record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
1682
1682
RESOLUTION NO. 2009- 264
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, AUTHORIZING THE COUNTY TO INCORPORATE
FDOT'S PLANNED PROJECT TO RESURFACE THE INTERSECTION OF
US-4I AND SR/CR-95I INTO THE COUNTY'S IMPROVEMENT PROJECT
FOR SR/CR-951 AND AGREEING TO ENTER INTO A JOINT PROJECT
AGREEMENT ADDRESSING FDOT'S REIMBURSEMENT TO THE
COUNTY FOR THE ASSUMED COST OF RESURFACING IN FDOT
FISCAL YEAR 2013.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to
enter into a Memorandum of Agreement ("MOA") with Collier County, wherein FDOT
authorizes the County to incorporate FDOT's planned project to resurface the intersection of US-
41 and SR/CR-951 (the "Resurfacing Project") into the County's road improvement project for
SR/CR-951; and
WHEREAS, as part of the MOA, FDOT further agrees to enter into a Joint Project
Agreement with the County to reimburse it for assuming the Resurfacing Project up to a
maximum amount of $7,625,576.00, which sum is programmed into FDOT's Adopted Work
Program under FM# 425209-1 as of July 1,2012; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to enter into the MOA and coordinate these State and County projects in a cost
efficient manner in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
I. The Board of County Commissioners approves the Agreement and authorizes its
chairman, Donna Fiala, to execute the Memorandum of Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Memorandum of Agreement.
This Resolution adopted after motion, second and majority vote favoring same this lOth
day of November, 2009.
,."f'
ATI.f,'S.T';'';;' ;,
.PWiGH12ri:'~()CK, Clerk
, '-. . ,',
~!~~
"tilli~' Oft,"
AP~if ;2j~ sufficiency:
Scott R. Teach
Deputy County Attorney
16B2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: /Q-;rr?V-./ ~c'lt?
DO:J:A FIALA, Chairman
Ikrn#liafh(
Agenda /1 L 'do
Date -7f1JlI.Y I
~:': '11Iol()lj
rk
2
1682
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
THIS MEMORANDUM OF AGREEMENT (hereinafter, "Agreement") is made and
entered into this ~"of N.'. "",to.. .. , 2009, by and between COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter, the "COUNTY") and
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the
"DEPARTMENT"), to allow the COUNTY to include and complete a DEPARTMENT
resurfacing project, and for the parties to enter into an agreement for the reimbursement
of resurfacing project costs by the DEPARTMENT.
R E C I TAL S:
1. Whereas, the DEPARTMENT intends to resurface the intersection of US-41 and
SR/CR-951 ("Resurfacing Project"); and
2. Whereas, the COUNTY intends to do improvements to SR/CR-951("County
Project"), which includes this Intersection; and
3. Whereas, the COUNTY is willing to include the DEPARTMENT's Resurfacing
Project into the County's Project; and
4. Whereas, the DEPARTMENT is willing to allow the COUNTY to do the
Resurfacing Project and reimburse the COUNTY for the cost; and
5. Whereas, the DEPARTMENT and the COUNTY are willing to enter into a Joint
Project Agreement detailing the reimbursement terms for Resurfacing Project.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The COUNTY agrees to do the following:
a. Get the County Project 'Production Ready', which shall include a complete
PD & E reevaluation, and
b. Complete design for the County Project, which shall include obtaining
approval from the DEPARTMENT for the design, and
1682
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 2 of 3
c. Design the Resurfacing Project in accordance with FOOT's PPM, Standard
Specs, Design standards. The Resurfacing Project shall also include
conversion of the existing span wire to mast arms at mile post 8.491 and mile
post 8.615. During the design phase, all guardrail within the project limits shall
be field verified, and the COUNTY shall replace all guardrail within the project
limits deemed necessary by the DEPARTMENT. The COUNTY shall design
and construct any thrierail connection retrofit at the bridges at Henderson
Creek (030289 & 030288) as deemed necessary by the DEPARTMENT.
d. Enter into a Joint Project Agreement ("JPA") with the DEPARTMENT for
reimbursement of Resurfacing Project costs.
3. The DEPARTMENT agrees to do the following:
a. Allow the COUNTY to include and complete the Resurfacing Project, and
b. Upon the COUNTY notifying the DEPARTMENT that the County Project is
Production Ready, enter into a JPA with the COUNTY for reimbursement of
Resurfacing Project costs.
4. The Parties agree:
a. That terms of the reimbursement for the Resurfacing Project costs shall be
addressed in the JPA executed after July 1,2012 by the Department, and
b. The maximum participation by the DEPARTMENT shall be for Seven million
six hundred twenty-five thousand five hundred seventy-six dollars
($7,625,576.00) programmed in the Adopted work program under FM#
425209-1 as of July 1, 2012 for Resurfacing and Intersection Improvement
Project costs reimbursement to the COUNTY, and
c. No construction or CEI reimbursement shall be available before the
DEPARTMENT's fiscal year 2013; and
d. Reimbursement from the DEPARTMENT is subject to the following statutory
requirement:
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.
1682
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 3 of 3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf through its Board of County Commissioners through its
Chairperson or designee, and the DEPARTMENT has caused this Agreement to be
executed in its behalf through its District Secretary for District One, FLORIDA
DEPARTMENT OF TRANSPORTATION as indicated below. This Agreement shall
become effective on:
Department to enter date.
COLLIER COUNTY
ATTEST
~"'" E. BRoe~, CLERK
,~~~k
~ CLE, R~tt.'st II to C!\. r~
II a.q s19ll1t..,.. 0" I .
, DATE
SU
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
DATE
TITLE
DATE
FLA. DEPT. OF TRANS, LEGAL REVIEW:
BY:
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
P.O Box 1030
Fort Myers, Florida 33902-1030
STEPHANIE C. KOPELOUSOS
SECRETARV
December 10,2009
Teresa Polaski, Deputy Clerk
Collier Clerk of Court
Board's Minutes & Records
3301 E. Tamiami Trail
Naples, Florida 34112
Re: Executed MOA to resurface the intersection of US-41 and SR/CR 951
Dear Ms. Polaski:
Enclosed is one (1) fully executed Agreement for your records on above referenced project.
If you have any questions, please feel free to contact me at (239) 461-4300.
Sincerely,
Q~
aren A. Miracola
District lP A/LF A Coordinator
Enclosure
Cc: Laurie Beard, Transportation Planner, w/original
Michael Greene, Planning Manager, w/copy
Teresa Stanley, Grants Coordinator, w/copy
Joc Lauk, Design Project Manager, w/copy
www.dot.state.fl.us
168<
1682
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
THIS MEMORANDUM OF AGREEMENT (hereinafter, "Agreement") is made and
entered into this JD-;" of AJ,"JP...h~ - , 2009, by and between COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter, the "COUNTY") and
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the
"DEPARTMENT"), to allow the COUNTY to include and complete a DEPARTMENT
resurfacing project, and for the parties to enter into an agreement for the reimbursement
of resurfacing project costs by the DEPARTMENT.
R E C I TAL S:
1. Whereas, the DEPARTMENT intends to resurface the intersection of US-41 and
SR/CR-951 ("Resurfacing Project"); and
2. Whereas, the COUNTY intends to do improvements to SR/CR-951("County
Project"), which includes this Intersection; and
3. Whereas, the COUNTY is willing to include the DEPARTMENT's Resurfacing
Project into the County's Project; and
4. Whereas, the DEPARTMENT is willing to allow the COUNTY to do the
Resurfacing Project and reimburse the COUNTY for the cost; and
5. Whereas, the DEPARTMENT and the COUNTY are willing to enter into a Joint
Project Agreement detailing the reimbursement terms for Resurfacing Project.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The COUNTY agrees to do the following:
a. Get the County Project 'Production Ready', which shall include a complete
PD & E reevaluation, and
b. Complete design for the County Project, which shall include obtaining
approval from the DEPARTMENT for the design, and
1682
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 2 of 3
c. Design the Resurfacing Project in accordance with FDOT's PPM, Standard
Specs, Design standards. The Resurfacing Project shall also include
conversion of the existing span wire to mast arms at mile post 8.491 and mile
post 8.615. During the design phase, all guardrail within the project limits shall
be field verified, and the COUNTY shall replace all guardrail within the project
limits deemed necessary by the DEPARTMENT. The COUNTY shall design
and construct any thrierail connection retrofit at the bridges at Henderson
Creek (030289 & 030288) as deemed necessary by the DEPARTMENT.
d. Enter into a Joint Project Agreement ("JPA") with the DEPARTMENT for
reimbursement of Resurfacing Project costs.
3. The DEPARTMENT agrees to do the following:
a. Allow the COUNTY to include and complete the Resurfacing Project, and
b. Upon the COUNTY notifying the DEPARTMENT that the County Project is
Production Ready, enter into a JPA with the COUNTY for reimbursement of
Resurfacing Project costs.
4. The Parties agree:
a. That terms of the reimbursement for the Resurfacing Project costs shall be
addressed in the JPA executed after July 1,2012 by the Department, and
b. The maximum participation by the DEPARTMENT shall be for Seven million
six hundred twenty-five thousand five hundred seventy-six dollars
($7,625,576.00) programmed in the Adopted work program under FM#
425209-1 as of July 1, 2012 for Resurfacing and Intersection Improvement
Project costs reimbursement to the COUNTY, and
c. No construction or CEI reimbursement shall be available before the
DEPARTMENT's fiscal year 2013; and
d. Reimbursement from the DEPARTMENT is subject to the following statutory
requirement:
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.
1682 l
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 3 of3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf through its Board of County Commissioners through its
Chairperson or designee, and the DEPARTMENT has caused this Agreement to be
executed in its behalf through its District Secretary for District One, FLORIDA
DEPARTMENT OF TRANSPORTATIO a indicated below. This Agreement shall
become effective on: /0
Department to enter aate.
COLLIER COUNTY
ATTEST
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
BY:
DONNA
:l~
IALA, CHAIRMAN
/l /;il/t:' 1
/ elATE
to 0-. '"- ,
. I.
DATE
COU
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST )
By:!Jl1/1~ lnC~ ~~/JJ/~ /
,eJjy^" ~/I.(J "Is ii?:.f~'- l' L \
A IY\Ii\JSWvt ~/5-1&:f /i-fq/tJ1 ~,~: ^-/~vellJ!mlnt!2-/1 Ir.,
TITLE DATE I LE' { ( DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
rilL
I
.~y~ ,GJcVf!O$
BY:
~ 1682
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
P.O Box 1030
Fort Myers, Florida 33902-1030
STEI'HANIE C. KOPELOUSOS
SECRETARY
December 10, 2009
'-\J C' C
-), ,,/
Teresa Polaski, Deputy Clerk
Collier Clerk of Court
Board's Minutes & Records
3301 E. Tamiami Trail
Naples, Florida 34112
'\ .
1\ ," (, " . ,..:.> C ~
j-"V \-' \ U v' .
\ \ \ \0 l 0 <]
! l \ ')
I ,v \0 rJi.
Re: Executed MOA to resurface the intel-section of lJS-41 and SiVeR 951
Dcar Ms. Polaski:
I ~ncloscd is one (I) rully executed Agreement ror yom rccords on above rclcrcnced project.
I r you havc any qucstions, please reel (t'ce to contact mc at (239) 4() 1-4300.
Sincerely,
Q~
mcn A. Miracola
District JPA/LFA Coordinator
Enclosure
Cc: Laurie Beard, Transportation Planner, w/original
Michael Greene, Planning Manager, w/copy
Teresa Stanley, Grants Coordinator, w/copy
Joe Lauk, Design Project Manager, w/copy
www.dot.state.fl.us
16b2
COLLIER COUNTY GOVERNMENT
TRANSPORTATION PLANNING DEPARTMENT
TRANSPORTATION SERVICES DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FL 34104
(239) 252-8192
FAX: (239) 252-9370
November 24, 2009
Karen Miracola, District One
LF A /JP A Coordinator
Florida Department of Transportation
2295 Victoria Avenue, Suite 292W
Fort Myers, Florida 33901
Re: Resurfacing Project MOA
Dear Karen,
Attached please find a certified copy of the resolution and three BCC approved and
signed original MOA's. Please have these executed by FDOT and return one original
MOA along with the memorandum dated November 16, 2009 to:
'~\
Collier Clerk of Courts
Attn: Board's Minutes & Records
3301 E. Tamiami Trail
Naples, FL 34112
~....._""."~_",i,. ..
On page three please enter the effective date on each MOA.
If you could send me a fully executed copy also, I would appreciate it. (Electronically
would be fme)
If you should have any further questions, please do not hesitate to contact me at 239-252-
5782.
Sincerely,
Laurie Beard
Transportation Planner
l68<
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
THIS MEMORANDUM OF AGREEMENT (hereinafter, "Agreement") is made and
entered into this .J....f:i:...of Noutl'lb~ - , 2009, by and between COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter, the "COUNTY") and
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the
"DEPARTMENT"), to allow the COUNTY to include and complete a DEPARTMENT
resurfacing project, and for the parties to enter into an agreement for the reimbursement
of resurfacing project costs by the DEPARTMENT.
R E C I TAL S:
1. Whereas, the DEPARTMENT intends to resurface the intersection of US-41 and
SR/CR-951 ("Resurfacing Project"); and
2. Whereas, the COUNTY intends to do improvements to SR/CR-951 ("County
Project"), which includes this Intersection; and
3. Whereas, the COUNTY is willing to include the DEPARTMENT's Resurfacing
Project into the County's Project; and
4. Whereas, the DEPARTMENT is willing to allow the COUNTY to do the
Resurfacing Project and reimburse the COUNTY for the cost; and
5. Whereas, the DEPARTMENT and the COUNTY are willing to enter into a Joint
Project Agreement detailing the reimbursement terms for Resurfacing Project.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The COUNTY agrees to do the following:
a. Get the County Project 'Production Ready', which shall include a complete
PD & E reevaluation, and
b. Complete design for the County Project, which shall include obtaining
approval from the DEPARTMENT for the design, and
-
1682 f
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 2 of 3
c. Design the Resurfacing Project in accordance with FDOT's PPM, Standard
Specs, Design standards. The Resurfacing Project shall also include
conversion of the existing span wire to mast arms at mile post 8.491 and mile
post 8.615. During the design phase, all guardrail within the project limits shall
be field verified, and the COUNTY shall replace all guardrail within the project
limits deemed necessary by the DEPARTMENT. The COUNTY shall design
and construct any thrierail connection retrofit at the bridges at Henderson
Creek (030289 & 030288) as deemed necessary by the DEPARTMENT.
d. Enter into a Joint Project Agreement ("JPA") with the DEPARTMENT for
reimbursement of Resurfacing Project costs.
3. The DEPARTMENT agrees to do the following:
a. Allow the COUNTY to include and complete the Resurfacing Project, and
b. Upon the COUNTY notifying the DEPARTMENT that the County Project is
Production Ready, enter into a JPA with the COUNTY for reimbursement of
Resurfacing Project costs.
4. The Parties agree:
a. That terms of the reimbursement for the Resurfacing Project costs shall be
addressed in the JPA executed after July 1, 2012 by the Department, and
b. The maximum participation by the DEPARTMENT shall be for Seven million
six hundred twenty-five thousand five hundred seventy-six dollars
($7,625,576.00) programmed in the Adopted work program under FM#
425209-1 as of July 1, 2012 for Resurfacing and Intersection Improvement
Project costs reimbursement to the COUNTY, and
c. No construction or CEI reimbursement shall be available before the
DEPARTMENT's fiscal year 2013; and
d. Reimbursement from the DEPARTMENT is subject to the following statutory
requirement:
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.
,,;...
l6/j~
..
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 3 of 3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf through its Board of County Commissioners through its
Cbairperson or designee, and the DEPARTMENT has caused this Agreement to be
executed in its behalf through its District Secretary for District One, FLORIDA
DEPARTMENT OF TRANSPORTATION 'S indicated below. This Agreement shall
become effective on: J~/9 fU)o'l
Department fo enter dak.
COLLIER COUNTY
ATTEST
.- ~ . C ~ ;;'f1 1t '.~""
DW~.~'E"'~~J<I..CLERK
.' '. ~... '. "'~ "
f . ~~~~~ \:
DATE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~-m~ j~~
DONNA F ALA, CHAIRMAN
/I //1) I:~
. ATE
SU
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY: ~ ~CW
Wyne WCdats
~,(\isk.-hvb ~rrf rJJ/"/09
TI LE DATE
~fdt)/
DccJ- {~j
~INT t~ 'f of,
~DnY~l)t/tJl)tnlnt I ~/ '1/0'1
ITLE r- I C I DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY ~4L~~~.:'~~-O~