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HomeMy WebLinkAbout2001-021 RESOLUTION NO. 2001- 021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR WABASSO BRIDGE FISHING PIER REPAIRS. WHEREAS, the Florida Department of Transportation and Indian River County are desirous of making repairs to the Wabasso Bridge Fishing Pier and seawall bulkhead cap, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Joint Participation Agreement between the State of Florida Department of Transportation and Indian River County identified as FM No. 409087/1/52/01 is hereby approved and the Chairman is authorized to execute same. The foregoing resolution was offered by Commissioner Adams and seconded by Commissioner Ti ppi n and, upon being put to a vote, the vote was as follows: Caroline D. Ginn, Chairman Aye Ruth M. Stanbridge, Vice Chairman Absent Fran B. Adams Aye Kenneth R. Macht Aye John W. Tippin AVe The Chairman thereupon declared the resolution duly passed and adopted this 20th day of February, 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: .c�"L ATTEST: Jeffrey K. Barton, Clerk Caroline D. Ginn, Chaman APPROVED AS TO FORM AND LEGAL SUFFICIEI4C1� Deputy Irk BY WILLIAIM G. COLLEPdS II 02/01(RESO)LEGAL(WGC/nhmGEPU T Y C07'"TY ATTORNEY �Z FM No:40908711/52/01 F.A.No: NLA J 1 `7" Fund Code: LF / ( Contract No: T �7 Vendor No: VF596 000 674 048 `J FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT 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 Board of County Commissioners, State of Florida, located at 1840 25th Street, Vero Beach Florida, 32960-3365, hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT make certain improvements in connection with State FM Number 409087/1/52/01, Repair of the Wabasso Fishing Pier and East Sea Wall Bulkhead Cap (adjacent to Bridge #880051) CR510 over Intercoastal Water Ways, located in Indian River County, Florida; and, WHEREAS, the COUNTY is prepared to contribute funds toward improvements consisting of 1.) Repair,patch&reinforce double T-beams of the fishing pier's superstructure elements on the East&West sides adjacent to the bridge. Jacking of these beams may also be required to repair the beam bearing area. 2.) Complete replacement of the East bulkhead cap. These improvements are in Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS,the Resolution No�f -0�) ,a copy of which is attached hereto and made a part hereof, authorizes the proper officials 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. 1 2 . The DEPARTMENT shall be responsible to perform the PROJECT and shall direct the management of the PROJECT. 3. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 4. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. 5. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT . The DEPARTMENT will make its best effort to obtain COUNTY input in its decisions. 6. A.) The COUNTY agrees that it will, at least fourteen (14) calendar days prior to the DEPARTMENT's advertising the project for bid, furnish the DEPARTMENT an advance deposit estimate of SIXTY SEVEN THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS ($67,579.00) for the project costs. The advance deposit estimate shall be the total estimated project costs. If the accepted bid amount is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting the bid, whichever is earlier, so that the total advance deposit is equal to the bid amount. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full contribution on final accounting as provided herein. If the accepted bid amount is less than the advance deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amount if such refund is requested by the COUNTY in writing and approved by the Comptroller of the Department of Transportation or his designee. The DEPARTMENT may utilize this deposit for payment of the project FM Number 409087/1/52/01. Both parties further agree to a final accounting pursuant to paragraph C of this section of this Agreement. B.) The payment of funds as required above will be made directly to the DEPARTMENT OF TRANSPORTATION,Attn:Josphine Softy,Contractual Services Coordinator,3400 West Commercial Blvd.,Ft.Lauderdale,Florida 33309, for deposit into the State Transportation Trust Fund. Payment shall be clearly marked to indicate that it is to be applied to project FM Number 409087/1/52/01. C.) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder 2 within three hundred sixty and days. All project cost records and accounts shall be subject to audit by a representative of the COUNTY within three (3) years after final close out of the project.The COUNTY will be notified of the final cost.Both parties agree that in the event final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY in accordance with Section 215.422, Florida Statutes . If the Total Project costs exceed the advance payment, the COUNTY will be invoiced for the balance. Upon receipt of the final invoice, the COUNTY 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. 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 owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT, whether existing now or in the future. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the COUNTY shall pay the DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the PROJECT, the AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. Should contract modifications occur that increase the COUNTY's share of total project costs, the COUNTY will be notified by the DEPARTMENT accordingly. The"COUNTY agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT 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 COUNTY shall not relieve the COUNTY from its obligation to pay for its full contribution on final accounting as provided herein. 9. 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 DEPARTMENT and its successors. 10. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed. 3 11. 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 DEPARTMENT 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 periods exceeding one (1) year, but any contract so made shall be executory 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 contracts 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. 12. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or 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. 13. 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 intentional and/or negligent act or occurrence, omission. or commission of the COUNTY, its agents; or employees, arising out of this contract 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. 14. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 15. 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 representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4 16. Any or all notices (except invoices)given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale , Florida 33309-3421 Attn: Ms. Josephine Softy, Contractual Services Coordinator With a copy to: Jorge Martos, FDOT Project Manager A second copy to: District General Counsel If to the COUNTY: Indian River County Public Works Department _ 1840 25th Street Vero Beach , Florida 32960-3365 Attn: James W. Davis , P E. Public Works Director Attn: C.ty Attorney Phone: 561-567-8000 5 4 T IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this 20th day of February 2001 by the Board of County Commissioners, authorized to enter into and execute same by Resolution No2001-021 , and the DEPARTMENT has executed this AGREEMENT through its District Secretary for District Four Florida Department of Transportation, this day of 20_. The effective date of this AGREEMENT shall be the date the last party to this AGREEMENT has signed. INDIAN RIVER COUNTY STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF TRANSPORTATION BY: �(�� . BY: Chairperson District Secretary Carol i ne'AGinn ATTEST.- J.K.- BARTON .. CLERK CIRCUIT COURT ATTEST: BY: County Clerk (Seal) Executive Secretary (Seal) APPROVED: APPROVED: BY: G�/ yL-��_ BY: County Attorney Director of Administration Date of Execution: APPROVED (As to Form) Indian River County Approved Date Administration \ BY: Budget ! l District Legal Counsel regal Risk Management � �runlic.%Vor:<s () -- f Capital Projects Department 6 RESOLUTION NO. 2001 -021A ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE r� UNDER THE FLORIDA INLAND NAVIGATION DISTRICT ` J WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Indian River County Sheriffs Office is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title LRCSO - Law Enforcement Patrol & Rescue Ves el Total Estimated Cost $ $68,956 Brief Description of Project: Purchase of a 24 foot Novurania rigid-hull inflatable boat for law enforcement and search& rescue operations. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Indian River County that the project described above be authorized, (Name of Agency) AND, be it further resolved that said Indian River County__ (Name of Agency) make application to the Florida Inland Navigation District in the amount of 75 % of the actual cost of the project in behalf of said Indian River County (Name of Agency) AND, be it further resolved by the Indian River County that it certifies to the following: (Name of Agency) 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. the attached proposal. Form No. 90-11 (Rev. 10-14-92) (1) RESOLUTION NO. 2001 -021A 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County_ for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River County Board of County Commissioners at a legal meeting held on this 6th day of March 2001. Attest Signature 17 J.K. BARTON r17C!1!T CCVRT Caroline D Ginn, Chairman Title Title Form No. 90-11 (Rev. 10-14-92) (2)