Agenda 10/14/2008 Item #16B 5Agenda Item No. 16565
October 14, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve the agreement between the State of Florida Department of
Transportation and Collier County to accept bicycles and a demonstration trailer, which
shall solely be used within Collier County consistent with the Safe Routes To School
(SRTS) program goals and guidelines.
OBJECTIVE: To approve the agreement between the State of Florida Department of
Transportation and Collier County to accept bicycles and a demonstration trailer, which shall
solely be used within Collier County consistent with the Safe Routes To School (SRTS) program
goals and guidelines.
CONSIDERATIONS: The Safe Routes To School (SRTS) program was authorized in August
2005 by Section 1404 of the Federal Transportation Act to make it safer, easier and more fun for
children in grades K through 8, to walk or bicycle to and from school. The SRTS is funded with
Federal -aid highway funds to State Departments of Transportation for infrastructures projects
and non - infrastructure programs.
Collier County has agreed to participate in the non - infrastructure program component of SRTS
by providing bicycle -use awareness and education to students throughout Collier County. The
Florida Department of Transportation has agreed to provide bicycles and a demonstration trailer
for use by the County as part of its participation in the SRTS program.
Collier County Public School's transportation division has agreed to provide a vehicle to
transport the demonstration trailer to locations as a joint effort to provide bicycle -use awareness
and education to students.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office
and is legally sufficient for Board action - SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the agreement
between the State of Florida Department of Transportation and Collier County to accept bicycles
and a demonstration trailer, which shall solely be used within Collier County consistent with the
Safe Routes To School (SRTS) program goals and guidelines.
Prepared By: David Buchheit, Transportation Planning Project Manager
Attachment: Safe Routes to School Program Agreement, Resolution
Pa-eIofI
Agenda Item No. 1 135
October 14, 20108
Page 2 of 8
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1585
Item Summary:
Recommendation to approve the agreement between the State of Florida Department of
Transportation and Collier County to accept bicycles and
a demonstration trailer, which shall
solely be used within Collier County consistent with the Safe Routes To School program
goals and guidelines.
Meeting Date:
10/14/2008 9:00:00 AM
Approved By
.Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
911912008 11:11 AM
.Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
9 ;2212008 4:19 PM
Approved By
Gloria Herrera
Management /Budget Analyst
Date
Transportation Services
Stormwater Management
9 ;2312008 10 :46 AM
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
9123 ;2008 1:19 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
9/23/20'.8 1:42 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation, Services
Transportation Services Admin
9/23/2005 2:07 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Wianager's Office
Office of Management 8 Budget
912412008 9:00 AM
Approved By
.lames V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9;'25/2008 1:47 PM
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Agenda Item No. 1555
October 14, 2008
Page 3 of 8
AGREEMENT
BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, (hereinafter, "DEPARTMENT ") and COLLIER COUNTY, (hereinafter,
"COUNTY "), for the COUNTY to participate in the Safe Routes to Schools Program.
WITNESSETH
1. WHEREAS, the Safe Routes to School Program ( "SRTS ") was authorized in August 2005 by
Section 1404 of the Federal Transportation Act to make it safer, easier and more fun for
children in grades K through 8, to walk or bicycle to and from school; and
2. WHEREAS, SRTS is funded with Federal -aid highway funds to State Departments of
Transportation for infrastructure projects and non - infrastructure programs; and
3. WHEREAS, the DEPARTMENT administers SRTS; and
4. WHEREAS, the COUNTY has agreed to participate in the non - infrastructure program
component of SRTS by providing bicycle -use awareness and education to students
throughout Collier County; and
�.. 5. WHEREAS, the DEPARTMENT has agreed to provide bicycles and a storage trailer for use
by the COUNTY as part of its participation in the SRTS program; and
6. WHEREAS, the COUNTY by Resolution No. dated the _ day of ,
2008, a copy of which is attached hereto and made a part hereof, has authorized the
Chairman 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:
I. PARTY OBLIGATIONS
1) DEPARTMENT OBLIGATIONS
A) The DEPARTMENT shall provide to the COUNTY bicycles and a storage trailer for
the bicycles upon execution of this Agreement.
2) COUNTY OBLIGATIONS
A) The COUNTY shall accept the bicycles and storage trailer, which shall solely be used
within Collier County consistent with the SRTS program goals and guidelines.
B) The AGENCY shall retain ownership and control of the storage trailer and bicycles at
all times. The AGENCY shall not transfer, sell, lease or otherwise dispose of the
storage trailer and/or any of the bicycles upon taking possession of the storage trailer
and bicycles.
Agenda Item fJo. :;E,i
October 14. LOC3
image 4 of 8
SRTS BICYCLES & TRAILER
COLLIER COUNTY
Page 2 of 5
C) Upon taking possession of the bicycles and storage trailer, the COUNTY shall be
responsible for any and all expenses, including but not limited to training expenses,
SRTS activities, tags, title, insurance, maintenance, storage and transportation for the
bicycles and trailer. The COUNTY agrees that at no time shall the DEPARTMENT
be liable or responsible for any costs incurred by the COUNTY after the COUNTY
has accepted the bicycles and storage trailer.
D) Upon taking possession of the bicycles and storage trailer, the COUNTY shall be
responsible for all liability, to the extent provided by law, for the bicycles, storage
trailer and use of the bicycles and storage trailer. The COUNTY agrees that at no time
shall the DEPARTMENT be responsible for any liability arising out of any use of the
bicycles and storage trailer after the COUNTY has taken possession of same.
E) The COUNTY shall provide, on a quarterly basis to the DEPARTMENT, an activity
report with details of SRTS events held by the COUNTY, including dates, # of
students participating and general overview of events, and any other information
required by the DEPARTMENT in administration of the SRTS program.
F) The COUNTY shall allow other local government agencies and non - government
entities within Collier County to use the bicycles and storage trailer for SRTS
program activities provided that the agency or entity has taken the Florida Traffic and
Bicycle Safety Education Program's Traffic Safety Education Course.
111. GENERAL PROVISIONS
1) 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.
2) 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 representation 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.
Agenda Item No. 15135
October 14, 2008
Page 5 of 8
SRTS BICYCLES & TRAILER
COLLIER COUNTY
Page 3 of 5
3) Unless otherwise specifically stated herein, this Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
4) 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.
5) The COUNTY shall retain ownership and control of the storage trailer and bicycles at all
times. The COUNTY shall not transfer, sell, lease or otherwise dispose of the storage
trailer and/or any of the bicycles upon taking possession of the storage trailer and
bicycles.
6) This Agreement shall he governed by and construed in accordance with the laws of the
State of Florida.
7) This Agreement shall take effect upon execution by both parties and remain in effect until
terminated in accordance with the terms of this Agreement.
III. TERMINATION
1) The DEPARTMENT reserves the right to seek termination or cancellation of this
Agreement in the event the COUNTY shall be placed in either voluntary or involuntary
bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this
Agreement in the event an assignment is made for the benefit of creditors.
2) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the
Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be
terminated at the end of such time, or (iii) take whatever action is deemed appropriate by
the DEPARTMENT.
3) If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the
COUNTY of such termination in writing.
IV. INDEMNITY
1) When either party receives notice of claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim, and
report its findings to each other within fourteen (14) working days and jointly discuss
options in defending the claim. A party's failure to promptly notify the other of a claim
will not act as a waiver or any right herein.
Agenda !tern I io. 16B5
3,1f:;ber 14. 20-08
Page 6 of 8
SRTS BICYCLES & TRAILER
COLLIER COUNTY
Page 4 of 5
2) The COUNTY agrees to include the following indemnification provision in all contracts
with any non - government entity ( "Entity ") who perform any activity in connection with
this Agreement:
"The Entity shall indemnify, defend, save and hold harmless the DEPARTMENT
and all of its officers, agents or employees from all suits, actions, claims,
demands, liability of any nature whatsoever arising out of, because of, or due to
any negligent act or occurrence of omission or commission of the contractor, its
officers, agents or employees. Neither the Entity, nor any of its officers, agents or
employees will be liable under this section for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole
negligence of the DEPARTMENT or any of its officers, agents or employees."
V. NOTICES
1) All notices under this Agreement from the COUNTY to the DEPARTMENT shall be
directed to the following addresses:
TO DEPARTMENT:
Florida Department of Transportation
Sarita Taylor,
District One Bicycle/Pedestrian Coordinator
801 North Broadway Avenue
Bartow, FL 33830
863/519 -2216
Fax 863/534 -0915
TO COUNTY:
Collier County
David Buchheit
2885 South Horseshoe Drive
Naples, Fl 34104
239 -213 -5834
DavidBuchheitaa colliergov.net
Rest of this page intentionally left blank.
Agenda item No, 1585
October 14, 2008
Page 7 of 8
SRTS BICYCLES & TRAILER
COLLIER COUNTY
Page 5 of 5
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in
its behalf, by the Chairman 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:
Date to be entered by the DEPARTMENT
ATTEST
CLERK
ATTEST
COLLIER COUNTY
(SEAL)
DATE
CHAIRMAN OR DESIGNEE
PRINT NAME DATE
COLLIE OUNTY LEG4kL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXECUTIVE SECRETARY
(SEAL)
DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME DATE PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY.
DATE
Agenda ftem No. 16,5
October 14, 21'OC8
Page 8 of 8
RESOLUTION NO. 2007 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING AN AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO
PARTICIPATE IN THE SAFE ROUTES TO SCHOOLS PROGRAM AND
AUTHORIZING ITS EXECUTION.
WHEREAS, at the October 14, 2008, meeting of the Collier County Board of Commissioners
the Board approved entering into an Agreement with the Florida Department of Transportation
( "FDOT") to participate in the Safe Routes to Schools Program ( "SRTS ") to promote safer, easier,
and more fun for children in grades K through 8, to walk or bicycle to and from school; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming
the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman
to execute the Agreement; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to enter into the Agreement to participate in the SRTS program.
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 Agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Agreement for execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 14th day of October, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
go
, Deputy Clerk
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
:
TOM HENNING, Chairman