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Agenda 09/09-10/2008 Item #16F3 _EXECUTIVE SUMMARY ~3 AGENDA ITEM---'I' No.__ SEP I) C'.~ 20~1; '! pg"~:f /3 """'-":_,,-.,..,-~-:;.-. ~-.--". Recommendation to approve a Joint Project Agreement between the State of Florida Department of Transportation and Collier County to fund the purchase of OptiCom Receivers/Transmitters for use in County Emergency Medical Services vehicles in the amount of $75,000, together with a Resolution memorializing such approval. OBJECTIVE:Thatthe Board of County Commissioners approves a Joint Project Agreement (JPA) to fund OptiCom Receivers/Transmitters for use in Emergency Medical Services (EMS) vehicles. These devices will provide EMS vehicles the ability to pre-empt traffic lights to allow for safe passage of emergency vehicles and provide effective traffic management for the safety of the drivers approaching those signals, In addition, we are asking the Board to approve a Resolution memorializing this approval, which Resolution will be sent to the Florida Department of Transportation with the executed Agreement. - CONSIDERATIONS: Each year the State of Florida Department of Transportation (FOOT) provides funds to the various county&#8217;s Congestion Management Committees, The OptiCom Receivers/Transmitters project was one of Collier County&#8217;s 2007 Congestion Management System&#8217;s Proposed Projects, The Committee subsequently recommended this as the number one project for funding. On August 11, 2008 the JPA was received from FOOT, This Agreemenl allows funding of $75,000 to equipment EMS emergency vehicles with the OptiCom Receivers/Transmitters. There are no matching funds required from Collier County, The OptiCom device is a traffic control system that provides a green light, and consequently, intersection right-of-way to emergency vehicles. This device will not only provide safe passage for emergency vehicles and expedite response times, but it will also provide an extra measure of safety to the driving pubiic and reduce the risk of collisions with emergency vehicles, FISCALIMPACT:Funds in the amount of $75,000 will be reimbursed by the State of Florida for the purchase of the OptiCom devices, There are no matching funds required. GROWTH MANAGEMENT IMPACT:There is no Growth Management Impact resulting from this action. LEGAL CONSIDERATIONS: The County Attorney has reviewed both the Joint Project Agreement and the Resolulion, which are legally sufficient for Board action, -JAK RECOMMENDATION:That the Board of County Commissioners: 1. Approve the Joint Project Agreement between FOOT and Collier County; 2. Authorize the Chairman to execute the Agreement; 3. Approve and authorize the Chairman to execute the Resolution; 4. Direct that both the Agreement and the Resolution be forwarded to the Florida Department of Transportation; and 5, Recognize and appropriate the funds from FOOT in the amount of $75,000. _. Prepared By: Department Date Bureau of Emergency Services Approved By: Department Approval County Approved Manager's Office 8/20/2008 2:21 :09 PM Date \LoF3 N~~:NOA ITEM ' . ". SEP ..._-;;:~ I U:~~c~~.. C::2~~1 8/27/2008 11 :54 AM ATTACHMENTS: Name: Description: Cl fJdQLJ.Pl\.l\gre~.mel]j,pd( JPA.FDOT Agreement ~ ,8J;SQ_EPQI_JJ~.AQdf Resolution for JPA Type: Backup Material Backup Material l(pF3 r-'- ! '-- RESOLUTION NO. 2008- N~~DA ITEM A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SEP I) s, ?On.q COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING IS '3.,-+= i3' CHAIRMAN TO SIGN, A JOINT PROJECT AGREEMENT WITH _ FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE PURCHASE OF OPTICOM RECEIVERSrrRANSMITTERS FOR USE IN COUNTY EMERGENCY MEDICAL SERVICE VEHICLES. WHEREAS, at its September 9, 2008 meeting, the Board of County Commissioners approved a Joint Project Agreement with the Florida Department of Transportation relating to the purchase of Opticom Receivers/Transmitters for use in County Emergency Medical Service vehicles; and WHEREAS, the Florida Department of Transportation requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve, and authorize its Chairman to sign, the Joint Project Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ---. f___ L On September 9, 2008, the Board of County Commissioners approved by a majority vote the attached Joint Project Agreement with the Florida Department of Transportation and authorized its Chairman to execute the Agreement. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the Florida Department of Transportation with the executed Agreement. THIS RESOLUTION ADOPTED this 9th day of September, 2008, after motion, second, and majority vote favoring the same. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: TOM HENNING, CHAIRMAN App legal l0F3 FM NO #423666 FAP# 888 CFDA: 9~ENDA ITEM 589 A o.2oiSP/ iJ S ZO[l.R i Pg= ""1 0+ 13 .~--_.~ --~= JOINT PROJECT 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 DEPARTMENT to reimburse the COUNTY for purchase of Opticom Receivers/Transmitters, ( WITNESSETH 1. WHEREAS, the DEPARTMENT plans in its work program under FM #423666 1 9301 to fund the purchase of Opticom Receivers/Transmitters for use in COUNTY Emergency Medical Service vehicles (hereinafter, "PROJECT"); and 2. WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan in FY 2008/2009; and 3. WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to reimburse the COUNTY for costs directly related to purchase of the Opticom ReceiverrTransmitters, as described herein; and 4. 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: 1. SERVICES AND PERFORMANCE A) The COUNTY agrees to undertake the Project and the DEPARTMENT agrees to reimburse the COUNTY for said services, as stated in the PAYMENT TERMS section, provided they are performed in accordance with the DEPARTMENT'S specifications and the terms and conditions in this Agreement. B) The PROJECT consists of the purchase of Opticom ReceiversITransmitters for use in Emergency Medical Service vehicles, C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by L1.e C01JNTY with representatives of the DEPARTMENT, D) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT, \0P3 FMN AlITEM FAIJIlII8K87 889 A CF~O.205 ~\"'n IT, dl'W /I!IiP i"B ,?D+-.../..;;'.. - ",-.:,"". -. --~-- COLLIER CO E) 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, The DEPARTMENT will have the right to visit the PROJECT site for inspection ofthe work and the drawings at any time, F) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. G) All notices under this Agreement and invoices from the COUNTY to the DEPARTMENT shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Deputy Chief Wayne Watson Collier County Emergency Medical Services (EMS) 2705 S. Horseshoe Drive Naples, FL 34104 Karen A. Miracola District LF NJP A Coordinator Florida Department of Transportation P.O, Box 1030 Fort Myers, FL 33902 2. PAYMENT TERMS A) The DEPARTMENT agrees to a maximum participation in the PROJECT in the amount of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) B) The DEPARTMENT agrees to pay the COUNTY for the herein described services at the compensation amount as detailed in this Agreement. The COUNTY agrees to complete the PROJECT for the amount set forth in this Agreement. C) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. D) In the event the COUNTY proceeds with the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead), E) The COUNTY agrees to the following time frames: (I) upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise; (2) the DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance; (3) the 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, flf' ~ N~~! ITE~ FMNO #423666. 93 O.lSEP' %..70. nq j FAP#888 589 A ",U... CFDA:I ;;,J- I:?::, ...---.-.... ..-.,., COLLIER COUNTY, Page 3 oflO . ~- . ~ ( F) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to F.S, (l55.03(l), per day will be due and payable, in addition to the invoice amount, to the Vendor, Interest penalties of less than one (I) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of the COUNTY'S preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. G) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for the COUNTY ifit experiences problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. H) Invoices or requests for payment from the COUNTY shall be submitted quarterly in detail sufficient for a proper pre-audit and post-audit thereof and in sufficient detail for the DEPARTMENT to confirm the extent of work completed and compliance of such work with the terms of this Agreement. I) Bills or invoices for travel expenses, if applicable, specifically authorized in this Agreement shall be submitted and paid in accordance with F.S. (l112.061. J) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made, Copies ofthese documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include any consultant's or contractor's general accounting records and the project records, together with supporting docwnents and records, of any consultant or contractor and all sub-consultants or sub-contractors performing work on the PROJECT, and all other records of the PROJECT considered necessary by the DEPARTMENT for a proper audit of costs, K) 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. L) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. ,!~GENDA ITEM I ] ] , l0~3 SU' f-'s "1- ~....._-- ], d(- '3 -~-oFM]NO # 423666 I 93 01 FAP#88g7 589 A CFDA: 20.205 COLLIER COUNTY, Page 4 of 10 3. GENERAL PROVISIONS A) This document incOl]lorates 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 executed with the same formality and of equal dignity herewith, B) Unless othelWise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, C) Except as othelWise provided herein, this Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT, D) If any part of this Agreement shall be detennined 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. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT, F) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in F,S, S287,01 7, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. G) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. N~~NDA ITEM -- FM NO # 42366 I 93 Or - F AP#88 589 ",EP Ii.S 2nOR CFD~: ~05 fl2 ". .. COLLIER COUNTY, Pagf"!! ".l~ ~~ ~..,---- 4. TERMINATION ( A) 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 be made for tbe benefit of creditors, B) 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) notif'ying 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. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notif'y the COUNTY of such termination, with instructions as to the effective date of termination or specif'y the stage of work at which the Agreement is to be terminated, E) If the Agreement is tenninated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage ofthe contract price as the amount of work satisfactorily completed is a percentage ofthe total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY, 5. INDEMNITY A) 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 notif'y the other of a claim will not act as a waiver or any right herein. AGENDA !TEM I I No "'I 10U:=:3 I 4' of'- 13 . : }?{j~~,~,,=..-.._~-:-"=E\1 NO # 423666 I 93 01 F AP#8887 589 A CFDA: 20,205 COLLIER COUNTY, Page 6 of 10 B) The COUNTY agrees to include the following indemnification provision in all contracts with contractors/sub-contractors and consultants/sub-consultants who perform work in connection with this Agreement: "The contractor shall indemnity, defend, save and hold hannless 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 contractor, nor any ofits officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused orresulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees," 6. AUDITS A) Audits: The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the Department, as described in this section, B) MONITORING i) By entering into this agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the COUNTY agrees to comply with any additional instructions provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. C) AUDITS i) PART I: FEDERALLY FUNDED (I) Recipients of federal funds (i. e, state, local government, or non-profit organizations as defmed in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: (2) In the event that the recipient expends $500,000 for fiscal years ending after December 31, 2003 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, EXHIBIT I to this agreement indicates Federal resources awarded through the Department by this agreement, if applicable, In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the No, _ ~'..~ M (QP3 '..'."""-""",,- ! Pg sf~ li!il~ ~.I,~~ 0 1..3 . ~'--F. 6 619301 F AP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 7 of 10 ( provisions 0 MB Circular A -13 3, as revised, will meet the requirements of this part. (3) In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised, (4) If the recipient expends less than $500,000 for fiscal years ending after December 31, 2003 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 for fiscal years ending after December 31,2003 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i,e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (5) Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and nwnber, award number and year, and name of the awarding federal agency. D) PART I: STATE FUNDED i) The COUNTY as a recipients of state funds pursuant to F,S, S215,97(2)(m), i.e., a non- state entity as defined by S215,97(2)(m), is to have audits done annually using the following criteria: ii) F,S, 9215,97 (2) (a): Eachnonstate entity that expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project-specific audit, for such fiscal year in accordance with the requirements of this section and applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. Iii) In connection with the audit requirements addressed in C) i) above, the COUNTY shall ensure that the audit complies with the requirements ofF.S, S215,97(7). This includes submission of a financial reporting package as defined by F,S. S215,97(2)(d), and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. ! N~:_~N.DA. :::~- I 1 W (:3 ~ ~"1~l 0+ ';~ I il?lj=~_ _____.~.....<' FM NO # 423666 I 9301 -- .----"- FAP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 8 of 10 iv) If the COUNTY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of F.S, 9215,97 is not required. In the event that the recipient expends less than $500,000 in state fmancial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of F.s. 9215,97, the cost ofthe audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities), v) State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, and name of the state agency awarding it. E) PART II: OTHER AUDIT REQUIREMENTS i) The COUNTY shall follow up and take corrective action on audit fmdings. Preparation of a summary schedule of prior year audit fmdings, including corrective action and current status ofthe audit findings is required, Current year audit findings require corrective action and status of findings. ii) Records related to unresolved audit fmdings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Comptroller, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. F) PART III: REPORT SUBMISSION i) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance, Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, as applicable. ii) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters] 0.550 (local governmental entities) or ]0,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package, iii) The documents listed below in (I) and (2) shall be submitted to the DEPARTMENT: Florida Department of Transportation Attn: Karen A. Miracola, District JP A1LF A Coordinator PO Box 1030 Fort Myers, FL 33902-1030 10P3 FM NO # 423666 9~~ENDA ITEM F AP#888 589 A 'CFD 2o.205:EP '1-1'" ,. COLLIER COUNTY, Pa~ 9 of Ill" t. . ,. 'WI" ~15;:=-. ,d-OT ~3! --------~~ (1) Copies of financial reporting packages required herein by Florida Statutes. (2) Copies of reports or the management letter required herein by Florida Statutes. iv) The documents listed above in (I) and (2) shall be submitted to the Auditor General's Office: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 G) PART IV: RECORD RETENTION i) The COUNTY shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CFO or Auditor General access to such records upon request. The COUNTY shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. ( :i\:I' \ D~J~ ~le p 3 AGENDA ITEM No. __,'N_-~_.~'~_.~-" CLERK (SEAL) SEP . ~_ ' (:2; . 7:~t-' ,;~:~~ : - ,-- FM NO # 423666 1 93 01 FAP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 10 of 10 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chainnan or its designee, as authorized by Resolution Number , and the FLORIDA DEP ARTMENf 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 COLLIER COUNTY, FLORIDA ATIEST DATE CHAIRMAN OR DESIGNEE DATE COLLI L REVIEW: BY: ATIEST STATE OF FLORIDA DEPARTMENT OF NSPORTATION EXECUTIVE SECRETARY (SEAL) PRINT NAME DATE BY: DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE FLA, DEPT, OF TRANS, LEGAL REVIEW: BY' DATE Patricia L. Morgan From: Sent: To: brock_m [MaryBrock@colliergov.net] Monday, September 08,2008 10:26 AM Allen, Debbie; Patricia L. Morgan; Carnell, Steve; Barbetta Hutchinson; CarpenterKathy; Puig, Judy; BenkerAmysue; Pat Pochopin; lehnhard_p LenPrice; Brock, Mary Additional back up material to tomorrow's agenda packet additional back up material.pdf Cc: Subject: Attachments: Importance: High <<additional back up material.pdf>> Good morning, Please find additional back up material to the September 9 agenda. (your packets should have some back up materiai on these Items already, this is additional material) I have scanned them in all as one document, but the item numbers are on the top right corner of each. Items include: 10C: Requesting Board decision on local preference for Bid No, 08-5106. 10F: Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, MD. 16A 1: Recommend that the Board of County Commissioners authorize the submittal of the attached HCP Planning Assistance Grant Proposal 16A2: Recommendation to approve the Release and Satisfaction of Code Enforcement Liens 16A5: Recommendation to execute a Quit Claim Deed 16A7: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mustang Isiand 16A 10: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Quarry Phase 1 A 16A13: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock ~): Recommendation to award RFP No, 08-5022 (Annual Contract for Right-of-Way) 16F3: Recommendation to approve a Joint Project Agreement between the State of Florida Department of ransportation If you have any questions, etc, please let me know. Thank you, MJ " (,. \ .2) FM NO #423666 1 93 01 FAP# 8887 589 A CFDA: 20.205 JOINT PROJECT 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 DEPARTMENT to reimburse the COUNTY for purchase of Opticom ReceiverslTransmitters. WITNES SETH I. WHEREAS, the DEPARTMENT plans in its work program under FM #423666 ] 93 01 to fund the purchase of Opticom Receiversrrransmitters for use in COUNTY Emergency Medical Service vehicles (hereinafter, "PROJECT"); and 2, WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan in FY 2008/2009; and 3. WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to reimburse the COUNTY for costs directly related to purchase of the Opticom Receiverrrransmitters, as described herein; and 4. WHEREAS, the COUNTY by Resolution No, _ dated the _ day of , 2008, a copy of which is attached hereto and made a part hereof, has anthorized 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; 1. SERVICES AND PERFORMANCE A) The COUNTY agrees to undertake the Project and the DEPARTMENT agrees to reimburse thc COUNTY for said services, as stated in the PAYMENT TERMS section, provided they are performed in accordance with the DEPARTMENT'S specifications and the terms and conditions in this Agreement. B) The PROJECT consists of the purchase of Opticom Receiversrrransmitters for nse in Emergency Medical Service vehicles, C) The DEPARTMENT will be entitlcd at all times to be advised, at its request, as to the slatus of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT, D) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. FM NO # 423666 1 93 01 FAP#8887 5119 A CFDA: 20.205 COLLIER COUNTY, Page 2 of 10 E) 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 lISe. The DEPARTMENT will have the right to visit the PROJECT site for inspection of the work and the drawings at any hme. F) 1be COUNTY shall allow public access to all documents, papers, letters or othcr material subject to the provisions of Chapter I 19, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grOlmds for immediate unilateral cancellation of this Agreement by the DEPARTMENT, G) All notices under this Agreement and invoices from the COUNTY to the DEPARTMENT shall be directed to the following addresses: TO DEPARTMENT: Karen A, Miracola District LFNJPA Coordinator Florida Department of Transportation P.O, Box 1030 Fort Myers, FL 33902 TO COUNTY: Deputy Chief Wayne Watson Collier COWlty Emergency Medical Services (EMS) 2705 S, Horseshoe Drive Naples, FL 34104 2. PAYMENT TERMS A) The DEPARTMENT agrees to a maximum participation in the PROJECT in the amount of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) B) The DEPARTMENT agrees to pay the COUNTY for the herein described services at the compensation amount as detailed in this Agreement. The COUNTY agrees to complete the PROJECT for the amount set forth in this Agreement. C) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. D) In the event the COUNTY proceeds with the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). E) The COUNTY agrees to the following time frames: (I) upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise; (2) the DEPARTMENT has 20 days to deliver a requesl for payment (voucher) to the Department of Banking and Finance; (3) the 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, FM NO # 42366619301 F AP#8887 589 A CFDA: 20.205 COLLIER COUN1Y, Page 3 of 10 F) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to F,S. ~55.03(1), per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (l) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of the COUNTY'S preparation errors will reswt in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT, G) A Vendor Ombudsman has been established within the Department of Banking and Finance, The duties of this individual include acting as an advocate for the COUNTY ifit experiences problems in obtaining timely payment(s) from a state agency, The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. H) Invoices or requests for payment from the COUNTY shall be submitted quarterly in detail sufficient for a proper pre-audit and post-audit thereof and in sufficient detail for the DEPARTMENT to confirm the extent of work completed and compliance of such work with the terms of this Agreement. I) Bills or invoices for travel expenses, if applicable, specifically authorized in this Agreement shall be submitted and paid in accordauce withF.S. ~112,061. J) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documcnts and records shall be furnished to the DEPARTMENT upon request. Records of costs incnrred include any consultant's or contractor's general accounting records and the project records, together with supporting documents and records, of any conswlant or contractor and all sub-consultants or sub-contractors performing work on the PROJECT, and all other records of the PROJECT considered necessary by the DEPARTMENT for a proper audit of costs, K) 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 expenditurc during such fiscal year, Any contract, verbal or written, made in violation ofthis 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 offunds, 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, L) No funds received pw-suant to this Agreement may be expended for lobbying the Legislature or a state agency, FM NO # 423666 1 93 01 F AP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 4 or 10 3, GENERAL PROVISIONS A) This docwnent incolJlorates 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 docwnent. 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 docwnent executed with the same formality and of equal dignity herewith. B) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. C) Except as otherwise provided herein, this Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, fmal costs are known and legislatively appropriated reimbursements, if approved, are made by thc DEPARTMENT. D) If any part of this Agreement shaIJ 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 oftms Agreement. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. F) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. ~287,OI 7, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. G) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction orrepair of a public building or public work, may nol submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FM NO # 423666 1 93 01 F AP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 5 of 10 4. TERMINATION A) The DEPARTMENT reserves the right to seek tennination or cancellation of this Agreement in the event the COUNTY shall be placed in either volnntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to tenninate or cancel this Agreement in the event an assignment be made for the benefit of creditors. B) 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. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any Sllch breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) If the DEPARTMENT requires termination of the Agreement for reasons other than nnsatisfactory performance of the COUNTY, the DEPARTMENT shall notifY the COUNTY of such termination, with instructions as to the effective date oftennination or specify thc stage of work at which the Agreement is to be terminated. E) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amonnt of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY, 5. INDEMNITY A) 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 thi.. 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 fonrteen (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, FM NO #423666193 01 FAP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 6 of 10 B) The COUNTY agrees to include the following indemnification provision in all contracts with contractors/sub-contractors and consultants/sub-consultants who perform work in connection with this Agreement: "The contractor shall indemnity, defend, save and hold hannless the DEPARTMENT and aU of its officers, agents or employees from aU 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 contractor, 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." 6. AUDITS A) Audits: The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the Department, as described in this section. B) MONITORING i) By entering into this agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the COUNTY agrees to comply with any additional instructions provided by the DEPARTMENT staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. C) AUDITS i) PART I: FEDERALLY FUNDED (1) Recipients of federal funds (I.e, state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annuaUy using the foUowing criteria: (2) In the event that the recipient expends $500,000 for fiscal years ending after December 31, 2003 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-13 3, as revised, EXHIBIT I to this agreement indicates Federal resources awarded through the Department by this agreement, if applicable. In determining the Federal awards expended in its fiscal year, the recipient shaU consider aU sources of Federal awards, including Federal resources received from the Department. The determiuation of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the FM NO # 423666 J 9301 F AP118887 539 A CFDA: 20.205 COLLIER COUNTY, Page 7 of 10 provisions OMB Circular A-133, as revised, will meet the requirements of this part. (3) In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised, (4) If the recipient expends less than $500,000 for fiscal years ending after December 3 I, 2003 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required, In the event that the recipient expends less than $500,000 for fiscal years ending after December 31,2003 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (5) Federal awards are to be identified llSing the Catalog of Federal Domestic Assistance (CFDA) title and nwnber, award nwnber and year, and name ofthe awarding federal agency. D) PART I: STATE FUNDED i) The COUNTY as a recipients of state funds pursuantto F,S. !l2I 5,97(2)(m), I.e" a non- state entity as defined by !l215,97(2)(m), is to have audits done annually using the following criteria: ii) F,S, ~215,97 (2) (a): Each nonstate entity that expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such nonstate entity shall be required to have a state single audit, or a project-specific audit, for such fiscal year in accordance with the requirements of this section and applicable rules of the Executive Omce of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. iii) In connection with the audit requirements addressed in C) i) above, the COUNTY shall ensure that the audit complies with the requirements ofF.s, !l215,97(7). This includes submission of a fmancial reporting package as defmed by F.S, !l215.97(2)(d), and Chapters 10,550 (local governmental entities) or 10.650 (nonprotit and for-profit organizations), Rules of the Auditor General. FM NO # 423666 1 93 01 F AP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 8 of 10 iv) If the COUNTY expends Jess than $500,000 in state fInancial assistance in its fIscal year, an audit conducted in accordance with the provisions of F,S, !i2I5.97 is not required, In the event that the recipient expends less than $500,000 in state financial assistance in its fIscal year and elects to have an audit conducted in accordance with the provisions ofF,S, !i215,97, the cost of the audit must be paid from the non-state entity's resources (i,e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). v) State awards are to be identifIed using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. E) PART II: OTHER AUDIT REQUIREMENTS i) The COUNTY shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit fIndings require corrective action and status of findings, ii) Records related to unresolved audit fmdings, appeals, or litigation shall bc retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Comptroller, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state fmancial assistance or limit the authority of any other state official. F) PART Ill: REPORT SUBMISSION i) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofIt and for-profit organizations), Rules of the Auditor General, as applicable. ii) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the rccipient in correspondence accompanying the reporting package, Iii) The documents listed below in (I) and (2) shall be submitted to the DEPARTMENT: Florida Department of Transportation Attn: Karen A, Miracola, District JP AILF A Coordinator PO Box 1030 Fort Myers, FL 33902-1030 FM NO # 423666 1 93 01 F AP#S887 589 A CFDA: 20.205 COLLIER COUNTY, Page 9 of 10 (I) Copies of financial reporting packages required herein by Florida Statutes. (2) Copies of reports or the management letter required herein by Florida Statutes, iv) The documents listed above in (I) and (2) shall be submitted to the Auditor General's Office: Auditor General's Office Room 40 I, Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 G) PART IV: RECORD RETENTION i) The COUNTY shall retain sufficient records demonstrating its compliance with the tenns of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CFO or Auditor General access to such records upon request. The COUNTY shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. FM NO # 423666 1 93 01 F AP#8887 589 A CFDA: 20.205 COLLIER COUNTY, Page 10 of 10 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chainnan or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORT AnON 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 COLLIER COUNTY, FLORIDA ATTEST CLERK (SEAL) CHAIRMAN OR DESIGNEE UATE PRINT N DATE 0/" STATE OF FLORIDA DEPARTMENT OF ATIEST EXECUTIVE SECRETARY (SEAL) BY: DISTRICT ONE SECRET AR Y OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FLA. DEPT, OF TRANS, LEGAL REVIEW: BY: DATE RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO SIGN, A JOINT PROJECf AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE PURCHASE OF OPTICOM RECEIVERSffRANSMITTERS FOR USE IN COUNTY EMERGENCY MEDICAL SERVICE VEIDCLES. WHEREAS, at its September 9, 2008 meeting, the Board of County Commissioners approved a Joint Project Agreement with the Florida Department of Transportation relating to the purchase of Opticom Receivers/Transmitters for use in County Emergency Medical Service vehicles; and WHEREAS, the Florida Department of Transportation requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve, and authorize its Chairman to sign, the Joint Project Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. On September 9, 2008, the Board of County Commissioners approved by a majority vote the attached Joint Project Agreement with the Florida Department of Transportation and authorized its Chairman to execute the Agreement. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the Florida Department of Transportation with the executed Agreement. THIS RESOLUTION ADOPTED this 9th day of September, 2008, after motion, second, and majority vote favoring the same, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: TOM HENNING, CHAIRMAN ORDINANCE NO. ,..-!U AN ORDINANCE CREATING AND ESTABLlSmNG THE ~" >.,.} 0' GOODLAND , HORR'S ISLAND nRE CONTROL DISTIlICT, I.,,'" ". PROVlDIIIG FOR TlTJ.E AND CITATION, PROVIDING I~? '" '.. BOUNDAlUU or THE DISTIlICT, PROVlDIHG roll. THE I'~ .... ~~ ,CREATION AND ESTABLISHMENT or THE DISTIlICT, !;'1 ~ ~~ 'PROVIDING FOR THE GOVERNING BO.um. faWERS AND ',;:l 'd'.j' DUTIES, PROVIDING FOR CONSTllUCTlON, PROVlDIIIG ,", > FOil INC\.lJSlON IN CODE or LAWS AIID ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, AND . PROVIDING AN EFfECTIVE DATE. ~., os> ~~, CD ';i', g 1'\ :~::. ..., ..- ~~. c; t "''' 8~ ~ rn ~- 1'3 -'"'\ '0'" ," :.., ~> ,,- '" ,.~ WHlIIlEAS, upon Ill. ~ 01 \be Cll)' 01 Ma= Islu4, ... _ fII C<lunly Callvnissioncrl has 4ctormined dII! it iI ia the bat imcreICI of the RIIidcatI of 000d1aDd .. Hod. blu&d Md1hc ~itir.enl of' Collier Caul'lly thai . fire control dillric:t for and CGmpmina the area ~ IS OocoI1ond on<! lIorr',blood be........ on<! alIblishod. NOW, n<EREF0llE. BE rT Oll.DAlNED BY 1llI! BOAlUl OP COwrY COMMISSlONDS OP COLLIER COllNTY, FLOIUDA <halo &Ben ON 0Nl!:11TLE AND CITATION nil OrdillUlCO shall be known IS tho .Ooodland I Horr'. bland F"tro Ccdro1 DistricL. SlenON TWO; BOUNDAIlrES OP1llI! DISlR1CT Tho 000dI0nd I Non's blsod I'llt Cooln>I DdtricI II benby ........ willUo lI10 bGu_ dcIcribe4 u follows: ""......... ofS...1oos llwl9, T.....hip" _ JIana. ,., WI, Callier CcNnty, FJoridllyiqllNlJl of Ooocnand Bay. waft of Cooa x.cy Pus and DOI'th of Blue Hilt Cr=k, eomD\ON)' known u Goodl&nd; AND 'ThaI. partioa of "Hon'. bland A.K.A. Key Marco- IS NCOrdcd in P1&t 1looIt11,p_ 51bnluab 19, Pl.bU.R"""" .rCom.. Coun<y, Flori.... lyia. ~hofBIueHiIl Cttet. SECI10NTHREE; CREATION AND ESTABLISHMENT OP '\HE D1SlR1CT PUBIWlt tIil SeedeD 1~.Ol. Floridl St&tIaI, 1bcro: ia bcrcby cRalcd ud Cfl&blbbod Iba GoodIud I Hort. lslud Fin CODtrCll District. . SECTlON POUl\: GOVIlIlN1NO BOAllD, POWllIlS AND DunES: A. ibe JOYOI'1UDI boud err me diltrict sball be \be Baud of CoulIty Commiuioners wid:t. 1M power a.Dd cia", 10 0CIDd&act tho aIIUn ollht diltdc:c willa .. POW" pralCribcd ~ Soc::do. 11S.01(1)(q). F10rida ~ IneIlldina. but ncK Umilcd. \0.. u.. power to equip. opcntD -. maintain r13 dcputrncat acMca wi\hia \be d~ \0 bvy. kuc. ICII. ~ or ~M aoqIIbe" holeS ud diIpcu at ~\ _ ClIh<< penoM1 Of r.s p~ 10 .mpl., on<! dllelwp ""1'1"7"" on<! lIIlhoriu _ .. ..... upoo priVllO lad public propcl'tJ at. rououble thnea 10 inlpca. ClDIl'Ibld. IlIl4 .",seiple pc.lbk aM acNal fi~ PaBe 1 on . huanb and oocu.rraacctt 10 proaNtpc. N1cI and. replationa (or 1M prcvcMioa IDd. eoaIrOI otn.. ....._,...... """"""'prop",>, >rilbi.1b,lfistrid. B. Upon adoptiolloClba cliltric:l budsc:t by1hcBoud It Ihan caulOdla INdict tD be ~ iD tM ~ mirmDl and IhaI1 CUIIC to 1>>e levied 01\ all propcrt)' within 1be dilUicl . miUap: tufticiont toO f\mcI1ho kdJClftCl axcc:oclifll two mitla ia an;y we year to bo ...-cd ad c.o1lectcd II 1houp oou.nty taXa. C. The Bw.nl DfCcKmty CoIMIiItioDcd shall cau. toO bo: (ll I-='U wunatlb serv\cca. equipment. mI1erillh ud" cxpcNCa iftCUmlll by Cho district ancllppl'OVod (or payment. by VI. aovcmina board. (2) 0.... bera.. 1M.... of..... fItcat.............l nporI of1bc .......... ~ or1ho diltrict u requited by Chaptcr111, 'Pan R. F\orida SIaMllI. SECllON FIVE: CONSTIlVCllON: "!hit o.diaaaoo ohol\ be l;bmlly CllOIlrUC<lIO off....... a pubtk: JNrpoN, SECllON SIX: lNCWSlON INnIJl COOS 0' l.\WSAIID OIUlINAIlCS 1bc proWtoai oCdUI Qn:l3MftCO shan ballDIM and. be II'l&de & put.cflhe ec.s. arLa....... 0tdlnaDc0I of Com.. eo.ney. 'Florida. Tbc ACtio", otdl. Ordioancc a.,. be n:muritIcrc4 or rt4cCcred . ICIQOmplish IVeta. and the WORl-orditlanoo- may be chanaed IG -...:don.- -.nid..- or MY ocbe:r ~wcnI. SECn01>l SBVEll: C01>lFLIC'T AND SEVE1lABIUIY Ia 1bo IYcnt this OrdiDPCO conf1icb .,nth an, odtc:r OntiUDlOC or Cottier eo..ty or ClIMr apptic:ab'-law, lIlI \"ftOI'I n:rtric:li'illhall apply. lrany phtpc or portion oCthe OtdlrwICC 1. KkII inYIIid IX' ~_ by .., COIlrt of compcccnc jurisdiction. suck ponion shall a deemed . .,.,.... d....DOl ... lad<pcudcnt p........ ... ...h bot,,",. oholl DOt'- 1M VIIidil)' oflh< .........., pon;o.. SECTION 'EIOH1": EFFECnVE DATE 'lbl. Oodl.....__ -.. upllllflli.._1IloDcponmlllllofSlalo. PASSED AND OU.Y ADOPTED by1ho HOlM 01 Couftly Comrnbsioncn crCollicr CouDty, FIoriola,1Ns~oC .Fl... L. ,,!l99I. :A~"""""';' . DWlGHit llt.OCt. C1a'< ." .,r. BY' ,.;:\,., ,I ," .1, '.I.AtW _.....to~, : .~ '"". It G.,o.''''t~ l ,: : Awm'O!I- ~ r.ao"aiocl.......m.;..q' liijJ!J'7b'~' c-y........"" BOAllD OF COlJNTY COIdMISSIONEIlS COl.LIERCOllK1"Y, FLQRJDA <: "rh1J Ordlno~1 f11'!d ",lth n.,,, 1Sf;CHY d ~~~:I~o! 1l; I ~-;.~~-:~~~ ~'~':,' -_.~~~~ (If .n,... Ar;\~'"'ft., . ....'J i.}"~~ ~~~"","C.-I0l8M PapZofZ ;t STATK 01" 1't.ORIDAl COUN'l"i 01" COLLIER) I. DHIClll'1' B. BROCIC. Clerk of Court. in ancI for the Twentieth JUdicial Circuit. Collier County, Plorida. do hereby certify that the foregoing i. a true copy Ofl OIU)DWlCIl NO. 98-114 Which was adopted by the Boud of County COlllllb.ioner. on the 15th day of Dec8lllber. 1998. during Regular Session. w:t'l'NBSS "'Ii hancI and the official .eal of the Board of County Commi..ioners of Collier County. Plorida. thia 16th day of December, 1998. tJlrIGHT B BROCJt ' .:..........f. I , Clerk of' Court. and.C~1c: '.' ::.;:t';...::, ~', Ex-officio to Boar~' ,!f ,.(,~ ,; ".; . "'.' , County COIIai..i. en .,..?~.:" -, '. '. d.. '~l f5j~~~' ~: '~.:~ '..i. ~ .'::;'1:;' S- .' "', t. "'. : . ~., . . . . ~ ,..1,. . J KauX'een ltanYop... '.-/:. .....-;:j:: :.1:...... Deputy C~erk \...J::,.l,:.":,::~r: )i'~f" " l. ~ "{' . .,., ",:,.:, ....f... ..... :,:.~.~~;..~-.:.o# " of:. "f,,' . .'