Resolution 2022-039 RESOLUTION NO. 2022 - 39
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF A LOCALLY FUNDED REIMBURSEMENT AGREEMENT
FOR PROJECT #444185-1-62-01 WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR CONSTRUCTION CULVERT
REPLACEMENT AT CR 846 OVER THE DRAINAGE CANAL, AND
AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT.
WHEREAS, FDOT has included in its Five-Year Work program a project for
Construction Engineering and Inspection support for the construction culvert replacement at CR
846 over the drainage canal (Project#444185-1-62-01); and
WHEREAS, FDOT and the Board of County Commissioners (County) wish to enter into
a Locally Funded Reimbursement Agreement (Agreement) that would require the County to
provide advance funding to FDOT for the project; and
WHEREAS, FDOT requires that the County provide a Resolution memorializing and
confirming the County's affirmative vote to approve the Agreement, and authorizing the Chair to
execute the Agreement.
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 Chair to sign, the
Locally Funded Reimbursement Agreement for Project#444185-1-62-01.
2. This Resolution memorializes and confirms the Board's approval of the Agreement.
3. A certified copy of this Resolution shall be forwarded by the Collier County Clerk to FDOT
along with the executed Agreement.
iti
This Resolution adopted upon majority vote favoring same this $ day of fikLci _, 2022.
ATTEST:., .11.. '. I'!R BOARD OF COUNTY COMMISSIONERS
Crystal K',Kinzel, Clerk'of Courts COLLIER CO 4 _al ' DA
• AP ,
By. .40
Q -W Y 10� , By: �.Ma` �111111°'
-- ': • '41L-tit
murk Wil,:m L. McDaniel, Jr., Chairman
hest 2to Chll
Si nature only.
Appri e.i . . f ►rm and legality:
a11llti
Jeffrey . K i'kow, County Attorney
DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD
FM #: 444185-1-62-01
LFA: COLLIER COUNTY
Page 1 of 4
LOCALLY FUNDED REIMBURSEMENT AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, "DEPARTMENT") and the COLLIER COUNTY, a political
subdivision of the State of Florida, (hereinafter, "AGENCY") for AGENCY to provide a lump
sum deposit to the DEPARTMENT for Construction Engineering and Inspection (CEI) services
to support replacement of bridge (#030138) at CR 846 over the drainage canal.
WITNESSETH
A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work
Program in Fiscal Year 2024/2025; advanced to Fiscal Year 2021/2022 and
B. WHEREAS, the AGENCY has agreed to contribute monies to the DEPARTMENT for
Construction Engineering and Inspection services to support replacement of existing two-
lane Bridge (#030138) on Immokalee Road east of SR 29. The new Bridge (#034833)
superstructure features two 12-foot lanes (one in each direction), 8-foot shoulders, bridge
railings, retaining walls, and guardrails, supported by a 12-inch Florida Slab Beam, and;
C. WHEREAS, the DEPARTMENT and the AGENCY desire to enter into this Locally Funded
Reimbursement Agreement to set forth the terms and conditions upon which the AGENCY
shall provide advance funding (See Exhibit "B", Estimated Schedule of Funding, attached
and incorporated by reference) for the PROJECT; and
D. WHEREAS, the AGENCY, by Resolution dated the 841 day of nlurdi , 202Z,
a copy of which is attached hereto and made a part hereof as Exhibit A has authorized the
Chairperson 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. The foregoing recitals are true and correct and are hereby adopted incorporated into and made
a part of this Agreement by reference, as if fully set forth herein.
2. The AGENCY agrees that it will, at least fourteen (14) calendar days after the execution of
this agreement, furnish the DEPARTMENT an advance deposit in the amount of Three
Hundred Sixty Thousand Dollars ($360,000) to be used for the project cost for project
number#444185-1-62-01.
3. The advance payment of funds under this agreement will be made directly to the
DEPARTMENT for deposit. All interest earned in the account will be used for the project and
is not eligible for reimbursement to the AGENCY.
4. The DEPARTMENT agrees to reimburse the AGENCY for the advance deposit in the amount
of Three Hundred Sixty Thousand Dollars ($360,000) in accordance with Section 339.12,
S
DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD
FM#: 444185-1-62-01
LFA: COLLIER COUNTY
Page 2 of 4
Florida Statutes, and the reimbursement is subject to legislative approval and appropriation.
The AGENCY acknowledges and agrees that it will not invoice the DEPARTMENT for any
portion of the Three Hundred Sixty Thousand Dollars ($360,000) prior to July 1, 2024, the
beginning of the fiscal year the project is scheduled in the Department's Work Program. After
receipt of a properly documented invoice, the reimbursement will be made to the AGENCY in
one lump sum.
5. All deposits shall be made payable to the Florida Department of Transportation:
Florida Department of Transportation
OOC-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, FL 32399
6. All notices under the Agreement shall be directed to the following contact persons:
TO DEPARTMENT: TO AGENCY:
Simon Shackelford Marlene Messam, P.E.
Local Program Coordinator Principal Project Manager
Florida Department of Transportation Collier County
801 N. Broadway Avenue 2885 South Horseshoe Drive
Bartow, Florida 33830 Naples, FL 34104
(239) 225-1958 (239) 252-5773
Simon.shackelford(a,dot.state.fl.us Marlene.messam(aicolliercountyfl.gov
5. Failure of the AGENCY to deposit said amount shall be grounds for termination of this
Agreement.
6. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed.
7. 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.
8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
AGENCY. The AGENCY shall not be obligated or liable hereunder to any party other than
the DEPARTMENT.
9. 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.
10. 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
(CA0)
DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD
FM#: 444185-1-62-01
LFA: COLLIER COUNTY
Page 3 of 4
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 representations 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.
11. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
Remainder of this page intentionally left blank.
CAO
DocuSign Envelope ID:A2BEBF25-0340-454E-AD8C-1770DB49ACAD
FM #: 444185-1-62-01
LFA: COLLIER COUNTY
Page 4 of 4
IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf
through its Chairperson 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:
Department to enter dare.
LOCAL AGENCY
COLLIER COUNTY
1 _____----•
Appro , I tt 1 and legality By: BoCC CH. - • - • OR DESIGNEE
41 WAIII 1
Jeffrey A.l'latzk II CountyAttorney B : C' _
PiaiY Y Y ��—=�
/ William L. McDaniel, Jr., Chairman
Date: 3/8 k Z
ATTEST:
•
By: at—LUA ` • C •
Crystd K At zel I�k
attest.as: b Gtla an s
• si nadir nnlV.
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE PRINT NAME DATE
FLA. DEPT.OF TRANS. LEGAL REVIEW:
(—Os
BY: DG
DATE •
Exhibit B Page 1 of 1
EXHIBIT B
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number:
4444185-1-62-01
Lump Sum
SR 45 (US Bus 41) at 23rd St. West
Construction
Phase: Amount:
52 $360,000
Total Contribution $360,000
(Local Agency):
Rest of this page intentionally left blank.