HomeMy WebLinkAbout2002-008 RESOLUTION NO. 2002- 008
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROVING A JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO FUND A PORTION OF THE LOCAL MATCH FOR DESIGN SERVICES
ASSOCIATED WITH THE 16TH/ 17TH STREET WIDENING PROJECT.
WHEREAS, the widening of 16th/17th Street has been an Indian River County
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 Final Design Services for the
16th/17th Street project; and
WHEREAS, the Indian River County Board of County Commissioners is
responsible for paying 12.5 percent 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 Joint Participation Agreement; and
2. Authorizes the Chairman to execute the Joint Participation Agreement;
and
3. Directs the Community Development Director to transmit the executed
Joint Participation Agreement to the Florida Department of
Transportation.
The resolution was moved for adoption by Commissioner . Ginn ,
and the motion was seconded by Commissioner Adams , and upon being
put to a vote, the vote was as follows:
Chairman Ruth M. Stanbridge Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Kenneth Macht Aye
MPO\Resolutions\JPA 16t'& 17`h Street 2002.doc
4
RESOLUTION NO. 2002- 008
The Chairman thereupon declared the resolution duly passed and adopted this
22nd day of January , 2002.
V
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY�'FLORIbA , , , ' ..
BY
Ruth M. Stanbridge, Chairman,,.
Board of County Commissioners -
��LATTEST: 9 ti4,
Deputy Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this,202 day of u� .
2002, b RUTH M. STANBRIDGE, as Chairman of the Board of Count Commi sib 'oners
Y Y
of Indian River County, Florida, and byl"ATilIC41A i;'• �-J[) ;ELY , Deputy Clerk for
JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River
County, Florida, who are personally known to me.
NOTARY PUBLIC
Printe Name: L 7 fI /yl S T1�
Commission No.: C'G 3(r,Ci q
Commission Expiration: C'�/Zo/G 4¢
APPROVED AS TO LEGAL FORM 4P el RET4MSMITE
MY COMMISSION#CC 969415
' t ' OF Ve F.XPiRFS:Sep 20,2004
`Z 1-8MMOTAM' FI_FJotsryService&Bonding,Inc.
William G. Collins, II
Deputy County Attorney
MPO\Resolutions\JPA 16"& 17"Street 2002.doc 2
..-----..... ..... _ __
....... ..._....
FM# 230872/1/31/01 and 203872/1/32/01
Fund Code: ACSL, LFF
Contract No.:
Vendor ID No: VF 596000674-006
)
STATE OF FLORIDA DEPARTMENT OFiTRANSPORTATION
AND
INDIAN RIVER COUNTY
JOINT PARTICIPATION AGREEJIENT
THIS AGREEMENT, entered into this day of , 20 , by and between
the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and INDIAN
RIVER COt'\TY, of the°State of Florida, located at 1840 26th Street' Vero Beach.- Florida 32960,
hereinafter called the COUNTY.
WITNESSETH '
WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT
make certain improvements to 16th / 17th Streets from fire hundred (600') West of 14th Avenue to USI,
within Indian River County, Florida; and,
WHEREAS. the DEPARTMENT is prepared to provide federal funds towards the improvements
consisting of the Final Design Services (State FM 2130872/1/31/01 and 230872/1/32/01 ). These
improvements are hereinafter referred to as the PROJECT, and,
V HERE AS, completion of the PROJECT is in the interest of both the DEPARTMENT and the
COUNTY and it is more practical, expeditious, and economical for the DEPARTMENT to perform such
activities: and.
WHEREAS, the COUNTY has the authority to enter into this AGREEMENT.
NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation
on the PROJECT. the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
?. The DEPARTMENT shall be responsible for preparation of the planning, design and construction
plans and contract documents for advertising for bids.evaluating bids, and awarding a contract for
construction of the PROJECT.
3. The DEPARTMENT shall also be responsible for providing Final Design services including,
administration and technical coordination required for the PROJECT.
1 �� 8
j
4. The DEPARTMENT shall provide to the COUNTY a copy of the plans for review and approval
prior to bidding the job. The DEPARTMENT shall provide a copy of the electronic files.
3. The DEPARTMENT shall make progress payments to the Consultant.
6. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared
on the COUNTY's behalf.
7. The total cost of the PROJECT is estimated to be EIGHT HL__1;DRED TWENTY FIVE
THOUSAND DOLLARS ($825,000.00). The COUNTY agrees to reimburse the DEPARTMENT
for direct Project related costs estimated to be ONE HUNDRED THREE THOUSAND ONE
HUNDRED TWENTY FIVE DOLLARS ($103,125.00) for its share of the Project costs. The
figure of$103,125.00 represents a COUNTY PROJECT participation level of 12.5%.
8. The parties agree that the improvements are dependent upon the COUNTY'S payment of funds to
the DEPARTMENT for its share of the improvement costs. including any additional work,
supplemental agreements, and claims. In the event that the COUNTY's project participation
including additional work, supplemental agreements, and claims, exceeds the estimated sum
of$103,125.00, this Agreement may be amended to identify the respective responsibilities and
the financial arrangements between the parties. It is understood and agreed that both the
COUNTY and the DEPART'�1ENT prior to any additional %work being performed must
execute written approval, in the form of an _amendment.
9. Should the DEPARTMENT and the COUNTY decide to proceed �\ith subsequent phases of the
PROJECT, the Agreement shall be amended to identify the respective responsibilities and the
financial arrangements between the parties.
10. The COUNTY agrees that it will, at least fourteen (14) calendar days prior to the DEPARTMENT's
advertisement for the Consultant contract, furnish the DEPARTME:NTT an advance deposit amount
of ONE HUNDRED THREE THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS
($103,125.00). Subject to termination under paragraph 6 (D), the DEPARTMENT may utilize this
deposit and additional deposits for payment of the costs of PROJECT Nos. 230872/1/31/01 and
230872/1/32/01.
(A) The COUNTY shall make payment payable to the "Department of Insurance, Revenue
Processing" and forward it to: Department of Transportation. Office of Comptroller, 3717
Apalachee Parkway, Suite E, Mail Station 24, Tallahassee, Florida 32311 Attention: LFA
Coordinator., in accordance with the attached Memorandum of Agreement. To ensure
proper deposit the State FM#230872/1/31/01 and 230872/1/32.'01 should be shown on the
face of the check.
(B) If the accepted negotiated amount for the PROJECT is in excess of the sum of the estimated
total PROJECT costs of $825,000.00, the COUNTY will provide an additional deposit
2 of 8
within fourteen (14) calendar days of notification from the DEPARTMENT or prior to
contract execution, whichever is earlier. The DEPARTMENT will notify the COUNTY as
soon as it becomes apparent that the negotiated contract amount is in excess of the
COL--VTY participation; however, failure of the DEPARTMENT to so notify the COLtiT)'
shall not relieve the COUNTY from its obligation to pay its full participation on final
accounting, as hereinafter provided, up to the amount of$82 ,000.00.
(C) If the actual and final Total Project Costs are less than the Estimated Total PROJECT costs.
the DEPARTMENT will refund the difference between 12.59c of the Total Project Costs and
the sum of all the COUNTY's participation once the Project has been completed and total
final Project Costs are known.
(D) Should contract modifications occur that increase the COUNTY's share of the total
PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The
COL--NTY agrees to provide, in advance of the additional work being performed, adequate
funds to ensure that the COUNTY participation is sufficient to fully fund its share of the
PROJECT. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent
the actual costs will overrun the award amount; however, failure of the DEPARTMENT to
so notify the COLtiTY shall not relieve the COUNTY from its obligation to pay for its full
participation on final accounting as provided herein below.
(E) Upon final payment to the Consultant, the DEPARTMENT intends to have its final and
complete accounting of all costs incurred in connection with the work performed hereunder
within three hundred sixty days. All project cost records and accounts shall be subject to
audit by a representative of the COUNTY for a period of three (3) years after final close out
of the project. The COUNTY will be notified of the final costs. Both parties agree that in
the event the final accounting of total PROJECT costs pursuant to the terms of this
Aartement is less than the Total COL-.,,TY participation to date, a refund of the excess «ill
be made by the DEPARTMENT to the COUNTY in accordance with Section 215.4-221.
Florida Statutes and subject to the limitation in Section 10 (C) of this Agreement. If the final
costs exceed the Total COUNTY participation, the COUNTY will be invoiced for 12.517c
of the difference in the Total Project overage. Upon receipt of the final invoice, the
COL-.\7Y agrees to reimburse the DEPARTMENT.in the amount of such actual cost within
forty (40) days from the date of the invoice. The COUNTY shall pay an additional charge
as specified in Section 55.03, Florida Statutes, on any invoice not paid within the time
specified in the preceding sentence, until the invoice is paid.
(F) The DEPARTMENT shall have the right to retain out of any payment due the COUNTY
under this Agreement an amount sufficient to satisfy any amount due and o%k ing to the
DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the
DEPARTMENT, whether existing no%� or in the future.
11. This .Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered
by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT.
However, this Agreement shall run to the DEPART.kiENT and its successors.
12. This .Agreement shall continue in effect and be binding to both the COUNTY and the
DEPART'vEN'T until the PROJECT is satisfactorily completed on or before June 30, 2004.
of 8
� i
13. The DEPARTMENT, during any fiscal year, shall not expend money,incur any liability. or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract. verbal or written, made
in violation of this subsection is null and void, and no money may be paid on such contract. The
DEPARTh[ENT shall require a statement from the comptroller of the DEPARTMENT that funds
are available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periodsexceeding one (1) year, but any
contract so made shall be executed only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years: and this paragraph shall be incorporated verbatim in all contacts
of the DEPARTMENT which are for an amount in excess of$25,000 and which have a term for a
period of more than one (1) year.
14. Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the COUNTY at all times during the period of this Agreement and for three years
after final payment is ,made. Copies of these documents and records shall be furnished to the
COUNTY upon request. Records of costs incurred include theDEPART'NIEN7's general accounting
records and the project records, together with supporting documents and records of the Consultant
and subconsultant performing work on the project, and all other records of the Consultant and
subconsultant considered necessary by the Department for the proper audit of costs.
15. The DEPARTMENT may cancel this Agreement for refusal of the COUNTY to allow public access
to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the
Florida Statutes, made or reviewed by the COUNTY in conjunction with this Agreement and shall
make provisions in its Agreements with its consultants and sub-consultants to terminate for failure
to comply with this provision.
16. The COUNTY warrants that it has not employed or obtained any company or person, other than bona
fide employees of the COUNTY, to solicitor secure this Agreement, and it has not paid or agreed
to pay any company, corporation, individual or firm, other than a bona fide employee employed by
the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right
to terminate the Agreement without liability.
17. To the extent allowed by the Laws of Florida. the COUNTY hereby agrees to indemnify, defend,
save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any
nature arising out of, because of, or due to any negligent and/or intentional act or occurrence,
omission, or commission of the COUNTY, its agents,or employees. arising from this Agreement
or the work which is the subject hereof._ It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence.
18. This Agreement is governed by and construed in accordance with the laws of the State of Florida.
4 of 8
19. This document incorporates and includes all prior negotiations, correspondence, conversation,.
Agreements, or understanding applicable to the matters contained herein, and the parties agree
there are no commitments, Agreements or understanding concerning the subject matter of t}:s
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation for-,
the terms hereof shall be predicated upon any prior representation or Agreements whether oral or
written. It is further agreed that no modification, amendment, or alteration in the terms ars
conditions contained herein shall be effective unless contained in a written document executed
the same formality and of equal dignity herewith.
20. A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a pubL-
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, m::.
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 t �
threshold amount provided in section 287.017, Florida Statutes. fqr CATEGORY TWO for a peri&_
of 6 months from the date of being placed on the convicted vendor list.
21. Any or all notices (except invoices) given or required under this Agreement shall be in-writing ar,
either personallN delivered with receipt acknowledged or sent by certified mail, return receip:
requested. All notices delivered shall be sent to the following addresses:
22. If to the DEPARTMENT: -
Florida Department of Transportation - District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309
Attn: Antonette P. Adams, Professional Services Administrator
With a copy to: Ray Pippitt, FDOT Project Manager
A second copy to: District General Counsel
If to the COUNTY:
L\-DIAN RIVER COUNTY
1840 25th Street
Vero Beach, Florida 32960
Attn: Robert Keating
With a copy to: County Attorney
23. Pursuant to section 287.0582, Florida Statutes, the DEPARTWNT's obligation to pay under
this section is CONTLNGENT UPON AN ANNUAL APPROPRIATION BY THE FLORIDA LEGISLATURE
5 of 8
IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be
executed in its behalf this 22nd day of January 20 02 by the County Commission, and
the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for
Distnct Four, Florida Department of Transportation, this day of ,20 . The
effecti,e date of this AGREEMENT shall be the execution date stated on Page 1 of this agreement
LNDL-�.N RIFER COUNTY STATE OF FLORIDA
COUNTY COMMISSION DEPARTMENT OF TRANSPORTATION
BY: 6 117, BY:
CHAIRPERSON DIRECTOR OF ADMINISTRATION
Ruth M. Stanbridge
BCC Approved: 01-22-2002
EST: ATTEST:
r
PATRICIA M. RID EL EPUTY c�Iti
COUNTY CLERK (SEAL) EXECUTIVE SECRETARY (SEAL)
APPROVED as to form by
Office of COUNTY Attorney,
COLNTI' of Indian River APPROVED:
9
BY: CU-1d ft � BY:
COLNTY Attorney PROFESSIONAL SERVICES ADMINISTRATOR
Date of Execution:
APPROVED: (AS TO FORM)
BY:
DISTRICT LEGAL COUNSEL
6 of 8
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this
between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" abnd the
State of Florida,Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury"
and Indian River County hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, the Department is performing certain work on behalf of the County related to the follo%k ing
Project:
Financial Management Nos.: 203872/1/31/01 and 203872/1/32/01
F.A.P. No.: 7284-001-U
County: PIAN RIVER
Description: FINAL DESIGN SERVICES FOR IMPROVEMEI\?S TO 16'/17' STREETS FROM
500' WEST OF 14TH,'AVENUE TO US 1, hereinafter referred to as the "Project"; and,
WHEREAS, DOT and the COUNTY entered into a Locally Funded'Aareement dated
200 � Da\ of
wherein FDOT agreed to perform certain work on behalf of the COUNT'in
conjunction a ith the Project; and,
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interests of
the FDOT and the Participant if an escrow account were established to provide funds for the performance
of the work by the Department;
NOW THEREFORE,in consideration of the premises and the covenants'contained herein the panies
agree to the following:
1. An initial deposit in the amount of$103,125.00 (One Hundred Three Thousand One Hundred
Twenty Five Dollars) will be made by the Participant into an interest bearing account established
by the Department for the purposes of tla project. Said escrow account will be opened with the
Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the
FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT.
Other deposits will be made only by the Participant as necessary to cover the cost of additional
work prior to the execution of any Supplemental Agreements or Amendments.
3. All deposits shall be made payable to the Department of Insurance, Revenue Processing and mailed
to the FDOT Office of Comptroller for appropriate processing at the following address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite E
Mail Station 24
Tallahassee, Florida 32311
Attn: LFA Coordinator
7 of 8
A Copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee,
the District Office should instruct the Participant to mail the District Office a copy of the check.
4. The FDOT's Comptroller and/or his/her designees shall be the sole signatories on the escrow account
with the Department of Insurance and shall have sole authority to authorize withdrawals from said
account.
5. Unless instructed otherwise by the parties hereto.all interest accumulated in the escrow account shall
remain in the account for the purposes of the project as defined in the LFA.
6. The Treasury agrees to provide written confirmation of receipt of funds to the FDOT.
7. The Treasury further agrees to provide periodic reports to the FDOT.
SIGINATORIES:
INDIAN RIVER COUNTY
v
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
TITLE: CIYAIRPERON
Ruth M. Stanbridge
BCC Approved: 01-22-2002
STATE OF FLORIDA 1840 25th Street, Vero Beach, FL 32960-3365
DEPARTMENT OF INSURANCE PARTICIPANT ADDRESS
DIVISION OF TREASURY
596000674
FEDERAL--EMPLOYER I.D. NO.
APPROVED:
This documentreviewed and approved as to
form by the Attorney for the County of
Indian River,
COUNTY ATTORNEY
8 of 8
I