Agenda Item Name:
Title
FDOT Funding Agreement - Sidewalk on SE 65th Avenue from SE 215th Street to SE 210th Street Safe Routes to School
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Presenter:
Ramon D. Gavarrete, P. E.
Description:
The County has received a grant from FDOT for the design of a sidewalk.
Recommended Action:
Recommended Action
Waive the Board’s anti-indemnification policy and adopt the Resolution to approve the design phase LAP Agreement for the SE 65th Avenue sidewalk project, approve budget amendment to recognize the design phase LAP funding, and delegate authority to the County Manager to approve and execute LAP Agreements for future phases of this project.
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Prior Board Motions:
NA
Fiscal Consideration:
Fiscal Consideration
Approve agreement, approve budget amendment and adopt resolution. FDOT is providing complete project funding. This agreement is for the project management of the design effort only for $1,154.00 account 329.79.7910.541.63.01 Project# 9217901.
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Background:
The Florida Department of Transportation (FDOT) has elected to fund the project via the Safe Routes to School program. A sidewalk will be built on SE 65th Avenue from SE 215th Street to SE 210th in Hawthorne for Chester Shell Elementary School.
FDOT will require the County to deliver the project via a Local Agency Program (LAP) Agreement which requires a resolution to authorize execution of the agreement. Section 15.b. of the Agreement requires the County to indemnify, defend and hold harmless the State against “any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)” of the County, or any of its officers, agents, or employees, acting with the scope of their office or employment, in connection with the rights granted to or exercised by the County under the Agreement, to the extend and within the limitations of Section 768.28, Florida Statutes. The Board has an anti-indemnification policy, but that policy may be waived by majority vote of the Board. The resolution also authorizes the County Manager to execute any subsequent Agreements or Supplemental Agreements related to the projects; this authorization will reduce staff time and eliminate the delay of receiving refunds from the FDOT. Additionally, the resolution approves unanticipated revenues with a budget amendment to set up project budget. Any subsequent agreements approved by the County Manager will be reported to the BoCC.
An interlocal agreement is still needed with the City of Hawthorne as the City is the entity that applied for the funding but is not certified with the FDOT to deliver a LAP project. The interlocal agreement will be submitted as a separate item at a future date. Approval of this agreement will allow the FDOT to proceed with their funding allocations for design on schedule. FDOT is providing full project funding for the project including reimbursement of staff time. However, the agreement currently attached is for reimbursement of staff time in overseeing the design of the sidewalk only. The design will be completed with FDOT’s consultant. The agreement total is $1,154.00.
The remaining funding for construction and construction oversight will be in a future agreement.