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HomeMy WebLinkAbout2004-028RESOLUTION NO. 2004- 028F= RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A PORTION OF THE PROJECT DEVELOPMENT AND ENVIRONMENTAL (PDE) STUDY FOR CR 510 WHEREAS, the widening of CR 510 (Wabasso Road) has been an Indian River Metropolitan Planning Organization (MPO) priority project for several years; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide federal funds to pay a portion of the cost for a Project Development and Environment (PDE) Study for the CR 510 Widening project; and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 50 percent of the cost of the non-federal share for the study 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 Locally Funded Agreement; and 2. Authorizes the Chairman to execute the Locally Funded Agreement; and 3. Directs the Public Works Director to transmit the executed Locally Funded Agreement to the Florida Department of Transportation. THIS RESOLUTION was offered by Commissioner Neuberger moved its adoption. The motion was seconded by Commissioner 1 nwther upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Vice -Chairman Arthur T. Neuberger Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Kenneth R. Macht Aye Aye Ay e Aye Aye Page 1 of 2 F:\Public Works\KimP\Resolutions\CR510 PDE Study, FDOT Cost Share Agr, BCC Resolution.doc who , and RESOLUTION NO. 2004-028 The Chairman thereupon declared the resolution duly passed and adopted this 16th day of March , 2004. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Caroline D. Ginn, Chai Jeffrey K:.B'arton,•.Clfrk of Co Deputy.Clerk x j' /4f€97/:; a:�1`cr` hHEREBY CERTIFYthat on this day, before me, an officer duly authorized in the State 'andCounty to take acknowledgements, personally appeared Caroline DGinn, as Chairman,of,the{Board.of County Commissioners, and PAT FidC '' • RIDGE Y , 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. gr an WITNESS my hand and official seal on the County and State last aforesaid this 16th day of March , A.D., 2004. By:, ' V if William G. Collins, II, County Attorney 4 Approved as to Form and Legal Sufficiency Notary Publico . ` r.?� ,,, Kimberly E. Massung rq. •.c,, • � . ;: MY COMMISSION # DD216503 EXPIRES .rte-. ,_ fa July 15, 2007 BONDED THRU TROY FAIN INSURANCE, INC. Page 2 of 2 F:\Public Works\KimP\Resolutions\CR510 PDE Study, FDOT Cost Share Agr, BCC Resolution.doc FM NO. 416512-1-94-01 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners, dated PROJECT LOCATION: Indian River County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding to Indian River County for access improvements to Aviation Blvd. at the Vero Beach Airport. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from anyother source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department has 10 days to review invoices after receipt of invoice package and corresponding progress report. 725-030-06 PUBLIC TRANSPORTATION 06/03 Page 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FM NO. 416512-1-94-01 CONTRACT NO. EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners, dated: Reference statues as applicable. Chapter 341 DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: 1. All proposals, plans, specifications, and 3rd party contracts covering the project for Departmental approval. 2. Copies of all correspondence related to this project. 3. Audit Reports as described in Section 7.60 of this JPA. 4. Quarterly Progress Reports provided within thirty (30) days of the end of the quarter. 5. Three (3) original Invoice Summaries and backup information must be submitted to the District Office when requesting payment. 725-030-08 PUBLIC TRANSPORTATION 06/03 Pape 12 of 12 Financial Project No. 41651219401 Contract No. Agreement Date N WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GENCY. FDOT Idian River County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Caroline D. Ginn SIGNATORY (PRINTED OR TYPED) SIGNATURE Chairman TITLE C'Approved: .November 9., 2004. LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION District Director of Transportation Development TITLE FM NO. 416412-1-94-01 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint. Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners, dated I. PROJECT COST: $3,200,000.00 Expenses related to access improvements to Aviation Blvd. II. PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In -Kind Cash Other Maximum Department Participation, Primary (DS) (DDR) (DIM) (PORT) (TOP) Federal Reimbursable (DU)(CM)(DFTA) Local Reimbursable (DL) TOTAL PROJECT COST III. FUNDING YEARS Fiscal Year 2004/2005 2005/2006 2006/2007 2007/2008 Committed Dollars $400,000.00 $400,000.00 $400,000.00 $400,000.00 ( %).. or $ ( %) $ ( 50%) or $ 1,600,000.00 ( %) $ ( 50%) or ( %)or ( %) or Fund Type DDR DDR DS DS $ 1,600,000.00 $ 3,200,000:00 Note: Per paragraph 17.10, The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature.