Resolution 2006-095
RESOLUTION NO. 2006 - 95
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE, A ROADWAY SIGNAGE MAINTENANCE
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
AFFAIRS, FOR THE MAINTENANCE OF ROADWAY DIRECTIONAL SIGNAGE FOR THE
EVERGLADES DRIVING TRAIL WITHIN THE COLLIER COUNTY GEOGRAPHICAL
LIMITS.
WHEREAS, the State of Florida Department of Environmental Protection (FDEP) is requesting to enter into a
Roadway Signage Maintenance Agreement ("Agreement) with Collier County, wherein Collier County will assume
maintenance responsibility of roadway directional signage for the Everglades Driving Trail within the geographical
limits of Collier County
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to accept
maintenance of the roadway directional signs, and that this Agreement is in the best interests of the citizens of Collier
County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDEP along with the Agreement
for execution by FDEP.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
of ~\ \ ,2006.
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"')/.,-) day
A TIEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLO A
By:
" to fonn ond tffiden,y,
cott R. Teach
Assistant County Attorney
COLLIER COUNTY
EVERGLADES TRAIL
ROADWAY SIGNAGE PROJECT
MAINTENANCE AGREEMENT
THIS Agreement is entered into on this _ day of , 2006, by and between
the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF
GREENW A YS AND TRAILS, hereinafter referred to as the "DEP OFFICE OF GREENW A YS
AND TRAILS," and COLLIER COUNTY, FLORIDA, hereinafter referred to as "LOCAL
GOVERNMENT. "
WITNESSETH
WHEREAS, pursuant to Section 339, Florida Statutes and the Federal Transportation Equity
Act for the 21 st Century, Public Law 105-178, enacted June 9, 1998, the FLORIDA
DEPARTMENT OF TRANSPORTATION has authorized the DEP OFFICE OF GREENWAYS
AND TRAILS and its contractors to undertake a project within the LOCAL GOVERNMENT
geographical limits; and
WHEREAS, said project is identified in Exhibit A and known to the parties as the
EVERGLADES TRAIL PROJECT ("project"), which will be of economic and cultural benefit to the
LOCAL GOVERNMENT; and
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
GOVERNMENT to maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. ,~~ Oolo- t}S , dated April
25,2006, a copy of which is attached hereto and made a part hereof, has approved this Agreement
and authorized its Chairman to execute this Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
1. The DEP OFFICE OF GREENW A YS AND TRAILS has undertaken the project and
obtained approval from the Florida Department of Transportation for implementation ofthe project
and roadway signage along state-owned rights-of-way.
2. It is understood and agreed by the parties that upon completion of the project, the LOCAL
GOVERNMENT shall be responsible for maintenance ofthe roadway signage 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.
3. This Agreement 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. Each party is responsible for all personal injury and,property damage attributable to the
negligent acts or omissions of their respective officers, employees, contractors or agents. Nothing
herein shall be construed as a waiver of LOCAL GOVERNMENT'S or DEP OFFICE OF
GREENW A YS AND TRAILS' sovereign immunity as provided in Section 768.28, Florida Statutes,
as amended from time to time, or any other law providing limitations on claims
5. This Agreement shall be governed, interpreted and construed according to the laws 0 f the
State of Florida.
6. THE STATE OF FLORIDA'S AND THE DEP OFFICE OF GREENWAYS AND
TRAILS' PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS
CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE.
7. All notices, including address changes, required to be given pursuant to this Agreement
shall be given by mail, certified or registered, and return receipt requested to addresses provided
below. If by personal delivery, then by personal delivery to the person, evidenced by a receipt
signed by the recipient of such personal delivery or written notice, and shall be effective when
received.
If to the LOCAL GOVERNMENT:
Mr. James Mudd, County Manager
Office of the County Manager
3301 E. Tamiami Trail
Naples, Florida 34112
If to the DEP OFFICE OF GREENW A YS AND TRAILS:
Rick Halvorsen
Office of Greenways and Trails
3900 Commonwealth Blvd., M.S. 795
Tallahassee, Florida 32399-3000
8. This Agreement is an exclusive agreement for services and is personal to LOCAL
GOVERNMENT and LOCAL GOVERNMENT agrees not to transfer or assign this Agreement in
whole or in part to any third party without the prior written approval of DEP OFFICE OF
GREENW A YS AND TRAILS.
9. This Agreement may be amended only by a written document signed by both
parties.
10. No waiver or breach of any of the provisions of this Agreement shall be construed
to be a waiver of any succeeding breach ofthe same or any other provisions.
The parties hereto have caused this EVERGLADES TRAIL ROADWAY SIGNAGE
PROJECT MAINTENANCE AGREEMENT to be executed on the day and year first above written.
COLLIER, COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
OFFICE OF GREENW A YS AND TRAILS
By:
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By:
FRANK HALAS, Chairman
Print/Type Name
Director or Designee
ATTEST:
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J (2J(esA ""1:>; l\.o..~ . Deputy Clerk
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APPROVED:
By:
DEP Project Manager
By:
DEP Attorney
APPROVED AS TO FORM AND LEGAL
SU:X;Y' 'Ll
By:
Scott . .-Teac~';"'t County Attorney
EXHIBIT A
EVERGLADES DRIVING TRAIL
ROADW A Y SIGNAGE PROJECT
MAINTENANCE AGREEMENT
PROJECT:
The Everglades Driving Trail consists of interpretive kiosks highlighting natural areas in the
Kissimmee River, Lake Okeechobee, Florida Everglades and Big Cypress Swamp watersheds.
Natural areas along the Everglades Driving Trail will be accessed using directional signing at one or
two crossroads along state owned right of ways, adjacent to each site. The DEP Office of
Greenways and Trails will use Federal TEA 21 enhancement funds to purchase and install the
project roadway directional signs. Upon completion of the project each County will be responsible
for maintenance of project roadway directional signage within its geographical limits.
LOCA nON:
The project and roadway directional signage is located along the Everglades Driving Trail which
follows publicly owned highways providing access to 20 different natural areas located on public
lands throughout South Florida.
SITE:
COUNTY SITE
Broward - Everglades Wildlife Mgmt. Area, I 75 rest stop
Collier - Fakahatchee Strand Preserve State Park, Copeland
- Rookery Bay National Estuarine Research Reserve, Naples
- Everglades National Park, Western Entrance, Everglades City
- Florida Panther National Wildlife Refuge, Naples
- Collier-Seminole State Park, Naples
- Big Cypress National Preserve, Ochopee
Highlands - Hickory Hammock Mgmt. Area, South of Lorida
Martin - DuPuis Reserve, Indiantown
- Port Mayaca Lock, Port Mayaca
Dade - Everglades National Park, Homestead
- Everglades National Park, Shark Valley Loop Road
- Biscayne National Park, Homestead
Okeechobee - Okee- Tantie Recreation Area / LOST Trail, Okeechobee
- Kissimmee Prairie Preserve State Park, Okeechobee
Orange - Shingle Creek, Orlando
Osceola - The Nature Conservancy Disney Wilderness Preserve, Kissimmee
- Prairie Lakes Unit, Three Lakes Wildlife Mgmt. Area, 25 miles south of St. Cloud
Palm Beach - Arthur R. Marshall Loxahatchee National Wildlife Refuge, Boynton Beach
Polk - Lake Kissimmee State Park, Lake Wales
Revised 1/6/06