Resolution 2011-034
RESOLUTION NO. 2011 - 34
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE THE A TIACHED LOCALLY FUNDED AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE
INSTALLATION OF BRICK PAVERS ON U.S. 41 AT PELICAN BAY BOULEVARD
NORTH (FPID PROJECT # 4274101 5201).
WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier
County, Florida (the "County") wish to enter into a Locally Funded Agreement ("LF A") to
install brick pavers at the crosswalk on U.S. 41 at Pelican Bay Boulevard North identified as
FPID Project #427410 1 5201; and
WHEREAS, FDOT requires the County to provide a resolution memorializing and
confirming the County's affirmative vote approving the LFA and authorizing its Chairman to
execute the agreement; and
WHEREAS, the Collier County Board of County Commissioners fmds that it is in the
public interest to install brick pavers at the crosswalk on U.S. 41 at Pelican Bay Boulevard North
and enter into the LF A.
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 aforementioned Locally Funded Agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Locally Funded Agreement for execution by FDOT.
TmS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 22nd day of February, 2011.
By:
Attest., ~,.Orate, ..
.J t9ittturi . Oft,' "i . J .'
Approved as to rm and legal sufficiency:
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: '1uJ- W r ~ Qc,
FRED W. COYL~, C~~~
ATTEST;.- <. C""
DWIGIfT:E; 'BROCK,'~lerk
c -
Scott R. Teach,
Deputy County Attorney
FPID PROJECT #427410 1 5201
LOCALL Y 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 COLLIER COUNTY, FLORIDA as
the governing body of the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter,
"COUNTY") for the COUNTY to provide the DEPARTMENT with a lump sum amount for
brick pavers crosswalk installation on US 41 at Pelican Bay Boulevard North.
WITNESSETH
A. WHEREAS, the DEPARTMENT has included in its Five Year Work Program a project on
US 41 @ Pelican Bay Boulevard to add pedestrian features for bicycles and extend the
existing bike path to existing pedestrian features; and
B. WHEREAS, the COUNTY requested that the DEPARTMENT install a briek paver
crosswalk on US 41 at Pelican Bay Blvd N (hereinafter, the "PROJECT"); and
C. WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Lump Sum Non-
reimbursable Locally Funded Agreement to set forth the terms and conditions upon which
COUNTY shall provide funding for PROJECT; and
D. WHEREAS, the COUNTY, by Resolution dated the ~~ay of F~,*", 4\f ,2011, a
copy of which is attached hereto and made a part hereof, has authorized the alrperson 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 COUNTY agrees that it will furnish the DEPARTMENT with a lump sum non-
refundable deposit in the amount of SIX THOUSAND SIX HUNDRED EIGHTY-
THREE DOLLARS AND FIFfY-EIGHT CENTS ($6,683.58) upon execution of this
Agreement.
2. The COUNTY will provide brick pavers to the DEPARTMENT's contractor for installation.
3. All deposits shall be made to the Department of Transportation and mailed as follows:
Florida Department of Transportation
OOC-GAO, LF A Section
605 Suwannee Street, MS42B
Tallahassee, Florida 32399
A copy shall be sent to:
Karen Miracola, District One
District One LF A IJP A Coordinator
Florida Department of Transportation
10041 Daniels Parkway, Fort Myers, Florida 33913
4. The DEPARTMENT shall provide any additional funding to complete the PROJECT.
FPID PROJECT #4281261 5201
LF A: PELICAN BAY
Page 2 00
5. Failure of the COUNTY to deposit said amount shall be grounds for termination of this
Agreement.
6. The DEPARTMENT and the COUNTY agree that the payment shall be an asset of the
DEPARTMENT and that is constitutes a full and final payment for the cost of the work,
without any requirement for a subsequent accounting for the use of the payment.
7. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed. However, the COUNTY's obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
8. 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
DEP ARTMENT without restriction or limitation on their use.
9, The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
10. If any part of this Agreement shall be determined to be invalid or unenforceable by a COUlt 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.
11. 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.
Rest of this page intentionally left blank.
FPID PROJECT #427410 I 5201
LFA: PELICAN BA Y SERVICES DIVISION
Page 3 of3
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in
its behalf through its Chairperson or its designee, as authorized by Resolution Number
2011-34 , 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:
DepanmenllO enler dale.
COLLIER COUNTY, FLORIDA
ATTEST .' _. ~ . ^
~~L)
..-
W
BOARD OF COUNTY COM
CHAIRPERSON OR DESIGNEE
,/ , . -
~2-3f2bD
DATE
FlLE1:> W. c..oYLE:
PRINT NAME
2./z'-~) "
DATE
Approv~ to form a~gal sufficiency:
BY: O-~.,! 1 ( tL1
.Q ! :J..;).) II
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY
(SEAL)
DISTRICT SECRET AR Y OR DESIGNEE
DISTRICT ONE
PRINT NAME
DATE
PRINT NAME
DATE
FLA. DEPT. OF TRA:'>JS, LEGAL REVIEW:
BY
DATE