Loading...
Resolution 2022-065 EXHIBIT"A" RESOLUTION NO. 2022-65 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO SUPPORT THE DESIGN OF A MULTI-USE PATH ON COUNTY BARN ROAD FROM RATTLESNAKE HAMMOCK TO SR 84 (DAVIS BLVD). (FM 438091-1-32-02) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Locally Funded Agreement (the "Agreement") with Collier County, wherein FDOT will provide Collier County with a lump sum deposit of $82,212.00 (Eighty-Two Thousand Two-Hundred and Twelve Dollars) to support the design of a multi-use path on County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd) (Project Number #438091-1-32-02); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. 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 Agreement pertaining to Project Number#438091-1-32-02. 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion. second. and majority vote favoring same, this 26th day of April, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER • ORID ,.- .T 7[' �+�C. By: Attestaetlo $ ,Clerk Willi m L. McDaniel, Jr.,Chairman signature onty. App ved as to form and legality: Derek D. Perry \\PS � Id,oC herrafa1 dK Gkn1z ei,.,,atC'lihere ao foeu rts ws trumaf or is..oIl aNiera aGwcorr ectry Assistant County Attorne copy, f'h ' inalG "oiler nty,F • BY_ (hop*Clerk .)\\ Data: a-- 122-GRC-01327;17061 13/I J Page 1 of 1 DocuSign Envelope ID:F8D2998I3.90CE-4BFA-A05B-C4E3E4447317 FM Il: 438091-1-32-02 LFA: COLLIER COUNTY Page Iol'3 LOCALLY FUNDED 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 the AGENCY to provide a lump sum deposit to the DEPARTMENT to support the design of a multi-usc path at County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd). WITNFSSF'rii A. WHEREAS, the DEPARTMENT has included the work listed below in its Five-Year Work Program in Fiscal Year 2021/2022; and B. WHEREAS,the AGENCY has agreed to contribute monies to the DEPARTMENT for;and The design of a multi-use path at County Barn Road from Rattlesnake Hammock to SR 84 (Davis Blvd). C. WHEREAS, the DEPARTMENT and AGENCY desire to enter into this Locally Funded Agreement to set forth the terms and conditions upon which AGENCY shall provide funding (See Exhibit "B",Estimated Schedule of Funding, attached and incorporated by reference) for PROJECT; and D. WHEREAS, the AGENCY, by Resolution dated the 26thday of April 2022 , 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 with a lump sum non-refundable deposit in the amount of Eighty-Two Thousand Two Hundred and Twelve Dollars (S82,212.00) to be for the project cost for project number #438091-1-32-02. The Department will utilize this deposit for payment of the costs of the PROJECT. 3. 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 4. All notices under the Agreement shall be directed to the following contact persons: CAC' DocuSi©nEnvelope ID:F8D299613-90CE-4M A-A05Ii-C4I 314447317 FM Th 438091-1-32-02 LI"A: COLLIER COUNTY Page 2 of 3 TO DEPARTMENT` TO AGENCY: Simon Shackelford Michael 'Fisch Local Program Coordinator Collier County Florida Department of Transportation Project Manager 801 N. Broadway Avenue 2885 South Horseshoe Dr. Bartow, Florida 33830 Naples, F1, 34104 (239)225-1958 (239)252-5839 Simon.Shackelford q.,dot.state.fl.us Michael.Tisch@colliercountyll.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 ally party other than the DEPARTMENT. 9. If any part of this Agreement shall be determined to he 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 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 lefl blank. ��O DocuSign Envelope ID:AA5871B8-0403-4920-9D8B-339DC10607B4 FM #: 438091-1-32-02 LEA: COLLIER COUNTY Page 3 o1'3 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 __2022-65 _, 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: 5/12/2022 1 4:55 PM EDT Department to enter date. LOCAL AGENCY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CRYST'•L 1 .•KI ,EL, CLERK COLLIER COUNTY,FLORIDA Btu: . o 'ast� C� >~ • /Deputy Clerk /1) tit� .,.SOW. BalXy: • C• pproved as to form and I� ality: Will' m L. McDaniel,Jr.,Chairman Date: Airi 1 26, 2022 _ erek D.Perry • �Q Z 5 Assistant County Attorney V ` �ti STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST ,---Dooubigned by: Docufipned by Jam..M&C w4s BY EtrifivE SECRETARY (SEAL) DI ftkETARY OR DESIGNEE DISTRICT ONE Jerri McCants 5/12/2022 1 4:50JebnEt0b1er 5/11/2022 1 4:55 Pi PRINT NAME DATE PRINT NAME DATE FLA.DEPT.OF TRANS.LEGAL REVIEW: Ds —DesuWnsr by: BY 5/11/2022 1 3: 0 fitte EDT •-9370105420Ae4D9... DATE DocuSign Envelope ID:F8D2998(3.90CC-4Br A-A0513-C4L3L4447317 Exhibit 13 I'age I of 1 EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 438091-1-32-02 County Barn Road from Rattlesnake I lammock to SR 84 (Davis Blvd) Construction Phase: Amount: 32 $ 82,212.00 Total Contribution $82,212.00 (Local Agency): Rest of this page intentionally left blank. 9t 1I 0