Resolution 2022-066 EXHIBIT"A"
RESOLUTION NO. 2022- 66
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 SIDEWALKS AT CR 901 / VANDERBILT
DRIVE FROM VANDERBILT BEACH ROAD TO 109th AVENUE
NORTH. (FM 438092-1-32-02)
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$$49,205.00 (Forty-Nine Thousand Two
Hundred and Five Dollars) to support the design of sidewalks at CR 901 /Vanderbilt Drive from
Vanderbilt Beach Road to 109th Avenue North(Project Number #438092-1-32-02); 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#438092-1-32-02.
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 , ORIDA
( ej.
By: By:
r+— � Deput Jerk Willi m L. McDaniel,Jr.,Chairman
lh
%irk"OIIk oved as to form and legality:
I,Crystal K;Vaal,Clerk o� �s i:.'and for k7.ollier Cnunty
D e D. Perry Assistant County Attorney do hearty rn;Fy t.rat the IL(,e irSlNrntAt is a hoz:zit:correct
ti copy,of ttopyinal n C lie( ty,Florida
eputy clerk
AV5 Da:
I22-GRC-01326r1 706 1 3 511 1 Page 1 of 1
DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCO-BD7013DF3C4A
FM#: 438092-1-32-02
LFA: COLLIER COUNTY
Page 1 of 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 sidewalks of CR 901/
Vanderbilt Drive from Vanderbilt Beach Road to 109`h Avenue North.
WITNESSETH
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 sidewalks at CR 901/ Vanderbilt Drive from Vanderbilt Beach Road to 109`h
Avenue North.
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 26 day of Alort 1 , 20 2 2,
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 Forty-Nine Thousand Two Hundred and Five Dollars ($49,205.00) to be used
for the project cost for project number #438092-1-32-02. 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:
CAO
DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCO-BD7013DF3C4A
FM#:438092-1-32-02
LFA: COLLIER COUNTY
Page 2 of 3
TO DEPARTMENT: TO AGENCY:
Simon Shackelford Michael Tisch
Local Program Coordinator Collier County
Florida Department of Transportation Project Manager
801 N. Broadway Avenue 2885 South Horseshoe Dr.
Bartow,Florida 33830 Naples,FL 34104
(239)225-1958 (239)252-5839
Simon.Shackelford@dot.state.fl.us Michael.Tisch@colliercountyfl.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 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.
DocuSign Envelope ID:36AC4D11-E3C5-4FA1-9851-8AD2DE454C29
FM#: 438092-1-32-02
LFA: COLLIER COUNTY
Page 3 of 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- , 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 4:56 PM EDT
Department to enter date.
' ; LOCAL AGENCY
R? -..CO. COLLIER COUNTY
f a BOARD OF COUNTY COMMISSIONERS
C YS.V'L N4, ,CLERK COLLIER COUNTY,FLORIDA
De•
___ _ .
.:;. ,r,. , a ...M74-, '+ Deputy Clerk 61--)/01.fri 0.446 '
RN '„eaas to form and legality: Will'.m L. McDaniel,Jr.,Chairman
Date: Ael<1 i 24
Q1a
t 2p2Z-
D ek D. Perry ��}`,L'Y
Assistant County Attorney \ti5`
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
—oaausioed by: e—Doeutlgnod by:
Jw,:H t144 is BY' jetuit, 6 6
EnerrtvE SECRETARY (SEAL) DISTARIDATFRETARY OR DESIGNEE
DISTRICT ONE
Jerri McCants 5/12/2022 1 4:51JPI4nElObler 5/11/2022 1 4:56 PI
PRINT NAME DATE PRINT NAME DATE
FLA.DEPT.OF TRANS.LEGAL REVIEW:
r—Doeu$gned by:
BY As. C_._A 5/11/2022 1 3:3 ssEDT
—937010542oAe4D9... DATE DC
0
70
DocuSign Envelope ID:DD71204D-4EE8-4E1D-8CCO-8D7013DF3C4A
Exhibit B Page 1 of 1
EXHIBIT `B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number:
438092-1-32-02
CR 901/Vanderbilt Dr from Vanderbilt Beach Road to 109th Ave N
Construction
Phase: Amount:
32 $49,205.00
Total Contribution $49,205.00
(Local Agency):
Rest of this page intentionally left blank.