Backup Documents 06/23/2009 Item #16D 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 11> Ln 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGA\\itrrW
Print on pink paper. Attach to original document. Original docUlIlents should be hand delivered to tlle Board Office. The completed routing slip and original
documents are to be forwarded to the Board Officc only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates, aud/or infonnaLion needed. If the document is already complete with the
excePtion of the Chairman's sirnature, draw a line throUl!h routincr lines #1 through #4, complete the checklist. aud forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order) -,
1. Cv/(eM C V U- t~~f/ ,A!hY/1J- t I 1t7pJ
GTe e J'\L, ii' C'2i r/j
2. / I
3.
4. I
''4
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact i, the holder of the original document pending Bee approval. Normally the pJimary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sne Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A proved by the BCC
Type of Document
Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original documetlt has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, 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 Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chairman 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 final ne otiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sionatme and initials are rec 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 documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be' ware of our deadlines!
The document was-appmved,hy-theBCCon ,) '"'-' , (enter-date) and all changes
made during the meeting have been incorporated in the attached document. The
Co un Attorne's Office has reviewed the chan es, if a Iicable.
g
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
s.
6.
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2.24.05
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"-,_.._..".....,.._--,,,,,'.,._""'._.,,,..,,,,..-.,,,;.. ',;'""".",.,."'~",--._-,,~_. ,~",'.-'"
1604
MEMORANDUM
Date:
June 23, 2009
To:
Sidney Kittila
Operations Coordinator
Parks & Rec. Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-159: Supporting and confirming an
agreement with the Florida Department of Transportation
for the maintenance of the North Fishing Pier constructed
in conjunction with the Marco Island (Jolley Bridge)
replacement
Attached are three original resolutions and one certified resolution as well as
the four original accompanying maintenance agreements, referenced above
(Agenda Item #16D4), adopted by the Board of County Commissioners on
Tuesday, June 23, 2009.
After forwarding the maintenance agreements to FDOT for signature, please
return a fully executed original agreement to the Minutes and Records
Department so it may be kept for the Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (8)
1604
RESOLUTION NO. 09- 1 59
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING AND
AUTHORIZING ITS CHAIRMAN TO EXECUTE AN AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE OF POST-PROJECT
TRANSPORT A TION ENHANCEMENTS.
WHEREAS, at the June 23, 2009, meeting of the Board of Collier County
Commissioners, the Board approved a Transportation Post Project Maintenance Agreement
("Agreement") with the Florida Department of Transportation ("FDOT") for Financial Project
Number 195410-1-52-01, which pertains to Collier County's future maintenance of the North
Fishing Pier to be built conjunction with the Marco Island Bridge Replacement, and authorized
its Chairman to execute the Agreement on behalf of the Board; and
WHEREAS, FDOT requires the Board of County Commissioners to provide a resolution
memorializing and confirming the Board's aforementioned vote approving and authorizing its
Chairman to execute the Transportation Post Project Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. The Board of County Commissioners hereby approves, and authorizes its
Chairman to execute the attached the Transportation Post Project Maintenance Agreement
between FDOT and Collier County.
2. A certified copy of this Resolution is to be forwarded to FDOT along with the
executed copy of the Transportation Post Project Maintenance Agreement.
Page I of2
1604
3. The County Manager or his designee is hereby authorized to submit reports and
other contractually required documents, providing that such reports and documents are
ministerial in nature.
This Resolution adopted after motion, second and majority vote, this 23rd day of June,
2009.
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~
DONN FIALA, CHAIRMAN
ATTEST:
DWIGHT E. BRQ<f:K, CLERK
" . :'.'~::. :" ~ f/~:'>'
. .
.'i~ .." "',
..... l-,-j6 . ,.t..;
Approved as to' forlrl. ',':
and legal sufficiency:
C~m~
Colleen M. Greene
Assistant County Attorney
1Bn'~
~ (J -1-3-64
lI~3
Page 2 of2
16D4
FPID # 195410-1-52-01
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and COLLIER
COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-project
transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009, the
DEPARTMENT is authorized to undertake a project within the LOCAL AGENCY
geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
195410-1-52-01, FAP # , which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from
the LOCAL AGENCY to maintain the project; and
WHEREAS, the LOCAL AGENCY by Resolution No.(ti1'31 dated6-l3-o1, a copy of which
is attached hereto and made a part hereof, has consented to and approved the Agreement
and has authorized its Chairperson of the Board of County Commissioners or Designee to
execute said Agreement.
NOW, THEREFORE, in consideration ofthe premises, the parties agree as follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal
participation in SR 951 at Bridge No. 030148 Marco Island Bridge replacement.
2. It is understood and agreed by the parties that upon completion of the project, the
DEPARTMENT shall be responsible for maintenance of the SR 951 @ BRIDGE NO_
030148 MARCO ISLAND BRIDGE and the LOCAL AGENCY shall be responsible, at
its costs, for maintenance of NORTH FISHING PIER in accordance with the following
federally accepted state standards: (a) Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (2005), as amended;
(b) FDOT Procedures 850-065-001 and 850-065-002, as amended.
1604
FPID # 195410-1-52-01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 1 of 3
3. 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
understanding 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 representation or agreements whether oral or written.
4. To the extent allowed by law the LOCAL AGENCY hereby agrees to indemnify, defend,
save and hold harmless the DEPARTMENT and its officers, agents and employees
from all claims, demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the LOCAL
AGENCY, its officers, agents or employees. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT for its
negligence.
5. This Agreement shall be governed, interpreted and construed according to the laws of
the State of Florida.
Rest of this page intentionally left blank.
16D~
4
FPID # 195410-1-52-01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 2 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 dale.
BY: BY:
CHAIRPE SON,
S'd · I BOARD 0 COUNTY COM~ISSIONERS
I J {C1..... 1'\ 0 N tV If 1==, A ~A
PRINT NAME . PRINT ~E
nLlU"a;...gcy)s (1t>rd.;,~ h'JJ,O'1 -rt"' fie 20, ~Cj
-,ntE DATE DATE
COLLIER COUNTY LEGAL REVIEW: ATTEST: rs.,;,),.';:: ,I.. .
DWlGHT E. e"uvK; tLERK,
;~~~ ::,~-01 ~~.
.f.......~\i~.. i
,~, '
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'
COLLIER COUNTY
ATTEST
BY:
BY:
PRINT NAME
PRINT NAME
TITLE
DATE
TITLE
DATE
PROJECT MANAGER APPROVED:
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
BY:
~
Florida Department of Transportation
16D
h.
.
CHARLIE CRIST
GOVERNOR
P.O. Box 1030
Fort Myers, Florida 33902
STEPHANIE C. KOPELOUSOS
SECRETARY
July 2, 2009
Ms. Sidney Kittila
Operations Coordinator
Collier County Parks and Recreation
15000 Livingston Rd
Naples, FL 34119
RE: Executed Transportation Post Project Maintenance Agreement
Financial Project No.: 195410 1 52 01
Description: SR 951 @ Bridge No. 030148 Marco Island Bridge
North Fishing Pier
Dear Ms. Kittila:
Enclosed for your files is one (1) copy of the executed Maintenance Agreement on the above
referenced project.
Should you have any questions, please feel free to contact me at (239) 461-4300.
Sincerely,
(X~
aren A. Miracola
District LF A/JP A Coordinator
Cc: David A. Panlilio, Jacobs-Project Manager, wi copy
Trinity Caudill-Scott, Community Liaison, MS 1-98, letter only
JtJL 0 7 2009
www.dot.state.fl.us
------".
16D 4
FPID # 195410-1-52-01
TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and COLLIER
COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-project
transportation enhancements described below.
WITNESSETH
1. WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009, the
DEPARTMENT is authorized to undertake a project within the LOCAL AGENCY
geographical limits; and
2. WHEREAS, said project is identified and known to the parties as Financial Project #
195410-1-52-01, FAP # , which will benefit the LOCAL AGENCY; and
3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from
the LOCAL AGENCY to maintain the project; and
WHEREAS, the LOCAL AGENCY by Resolution No.b<j./51, dated (g.23.lRa copy of which
is attached hereto and made a part hereof, has consented to and approved the Agreement
and has authorized its Chairperson of the Board of County Commissioners or Designee to
execute said Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
1. The DEPARTMENT has undertaken the project and obtained approval for federal
participation in SR 951 at Bridge No. 030148 Marco Island Bridge replacement.
2. It is understood and agreed by the parties that upon completion of the project, the
DEPARTMENT shall be responsible for maintenance of the SR 951 @ BRIDGE NO.
030148 MARCO ISLAND BRIDGE and the LOCAL AGENCY shall be responsible, at
its costs, for maintenance of NORTH FISHING PIER in accordance with the following
federally accepted state standards: (a) Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (2005), as amended;
(b) FOOT Procedures 850-065-001 and 850-065-002, as amended.
16D 4
FPID # 195410.1.52.01
MAINTENANCE AGREEMENT: COLLIER COUNTY
Page 1 of 3
3. 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
understanding 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 representation or agreements whether oral or written.
4. To the extent allowed by law the LOCAL AGENCY hereby agrees to indemnify, defend,
save and hold harmless the DEPARTMENT and its officers, agents and employees
from all claims, demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the LOCAL
AGENCY, its officers, agents or employees. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT for its
negligence.
5. This Agreement shall be governed, interpreted and construed according to the laws of
the State of Florida.
Rest of this page intentionally left blank.
160 4
FPID # 195410-1-52-01
MAINTENANCE AGREEMENT: COlliER COUNTY
Page 2 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
TRANSPORTATION as indicated below. This AGREEMENT shall become effective on:
~ I, .;.l()D'1
Department to enter date. '
, _ COLLIER COUN~ J '
BY: 'b-nrvJ ::r~
CHAIRPE ON,
t'" . . ~ ( BO'!) OF COUNTY COMMISSIONERS
~J cJ I ~ ' ONNI1 1=/ A LA.
PRINT NAME .Jt ~ PRINT NAME
~cJ;~Cco11 'Y\ ~'.l3~ ~ne;).3j~r
TLE DATE ,
COLLIER COUNTY LEGAL REVIEW:
DATE
ATTEST: .
BY:~m~ 5:.'1--01 DWIGHTe..~~:'CLERK
- , ...... .
AS~i7f-<uq-~Mtf)(~ DATE ~C,
e,...
STATE OF FLORIDA DEPARTMENT OF TRANl~8IffI9rofc'.
-,~
JJ( ·
.
"
BY: