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Home My WebLink About2007-037RESOLUTION NO. 2007- 037 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR OLD DIXIE HIGHWAY RESURFACING. WHEREAS, the resurfacing of Old Dixie Highway from Oslo Road to 16th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of Old Dixie Highway under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match. NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of County Commissioners: 1. Approves the State of Florida Department of Transportation and Indian River County Small County Outreach Program Agreement to resurface Old Dixie Highway; and 2. Authorizes the Chairman to execute the Small County Outreach Program Agreement; and 3. Directs the Indian River County Public Works Director to transmit the executed Small County Outreach Program Agreement to the Florida Department of Transportation. THIS RESOLUTION was offered by Commissioner Davi s who moved its adoption. The motion was seconded by Commissioner Wheel er , and upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice -Chairman Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Aye Aye Aye Aye Ay e Page 1 of 2 F:\Public Works\Luanne M\Resolutions\Old Dixie FDOT SCOP Agreement BCC Resolution-04-17-07.doc 6 RESOLUTION NO. 2007-037 The Chairman thereupon declared the resolution duly passed and adopted this 17th day of Apri 1 , 2007. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA , By: Attest: C,7at Jeffrey K. Barton, Clerk of Court Deputy Clerk Wheeler, Chairman I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County to take acknowledgements, personally ap eared Gary C. Wheeler, as Chairman of the Board of County Commissioners, and L 1)fC. te,n , Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. W TNESS my hand and official seal on the County and State last aforesaid this i� day of 110i l \ , A.D., 2007. APPROVED AS TO LEGA SUFFIECIENCY By: /I William . ollins, II, County Attorney •\4)3.11G,Q Notary Public� 40'r<r vu(tc DARCY R. VASILAS •* , • * MY COMMISSION # DD 391140 EXPIRES: January 31, 2009 '' OF F000P Bonded Thru Budget Notary Services APPROVED AS TO PUBLIC WORKS DEPARTMENT MATTERS By: Ja ds W. Davis, P.E., Public Works Director Page 2 of 2 F:\Public Works\Luanne M\Resolutions\Old Dixie FDOT SCOP Agreement BCC Resolution-04-17-07.doc Contract No.: Catalog of State Domestic Assistance No.: 55.009 Financial Project No.: 420080-1-58-01 ATRUECOPY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK SMALL COUNTY OUTREACH PROGRAM AGREEMENT THIS AGREEMENT, entered into this • day of 200 , by. and between the STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and INDIAN RIVER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the Small County Outreach Program has been created by Section 339.2818, Florida Statutes, to provide funds to counties to assist small governments in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2818, Florida Statutes; and WHEREAS, the DEPARTMENT iswilling to provide the COUNTY with financial assistance under Financial Project No. 420080-1-58-01 for Resurfacing of Old Dixie Highway from Oslo Road 19th Street S.W.) to 16th Street, including Reconstruction of paved shoulders, hereinafter referred to as the "PROJECT," in accordance with Section 339.2818, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. 2007-037 dated the 17th day of Apri 1 , 2007 , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of: CONSTRUCTION (Resurfacing) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES, and as further described in Exhibit"A", Scope of Services attached hereto and made part hereof. B. The COUNTY shall be responsible for the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, including COUNTY'S standards and specifications. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the foregoing standards and specifications. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the 'COUNTY with representatives of the DEPARTMENT. 1 OF 6 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK E. 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. F. This Agreement shall be governed by and construed in accordance with the Taws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Broward County, Florida, or as otherwise agreed to by the parties. G. This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this 17thday of Apri 1 , 200 7 , by the Chairman of the Board of Commissioners, authorizedto enter into and execute same by Resolution Number 2007-037 of the Board on the 17th day of Apr1.1 2007 and the DEPARTMENT has executed this Agreement through its District's Director of Administration, District Four, Florida Department of Transportation. The effective date of this AGREEMENT shall be the execution date by the DEPARTMENT as stated on Page 1 of this AGREEMENT. APPROVED AS TO FORM AND LEGAL UFFCIE , Y BY WILLIAM . DEBRAAL ASSISTANT COUNTY ATTORNEY ATTEST. INDIAN RIVER COUNTY, FLORIDA (SEAL) BY: ERK J,K, BARTON 60/L 41- , f MAN, BOARD -OF C• UNTY COMMISSIONERS STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY: EXECUTIVE SECRETARY DIRECTOR OF TRANSPORTATION DEVELOPMENT - DISTRICT FOUR APPROVED: APPROVED: (As to Form) BY: BY: PROFESSIONAL SERVICES DISTRICT GENERAL COUNSEL ADMINISTRATOR 6 OF 6