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Home My WebLink About1998-028 RESOLUTION 98 - 28 A RESOLUTION OF INDIAN RIVER COUNTY AUTHORIZING A JOINT PARTICIPATION IN THE CONSTRUCTION OF EASTBOUND AND WESTBOUND RIGHT TURN LANES ON SR 60 AT KINGS HIGHWAY (58TH AVENUE) WHEREAS, it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership;and WHEREAS,such partnership shall be promoted and encouraged through the joint finding of projects that improve traffic flow and reduce congestion of the State Highway System;and WHEREAS, the Board of County Commissioners of Indian River County, Florida wishes to authorize the Chairman of the Commission, to enter into a Joint Participation Agreement with the State of Florida Department of Transportation on behalf of the Commission, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida that: The Board of County Commissioners of Indian River County, Florida hereby authorize the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation for the construction of eastbound and westbound right turn lanes on SR 60 at the intersection SR 60 and Kings Highway(58'Avenue). This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Board of County Commissioners at a legal meeting held on this—24_day of February ' 1998. BOARD OF COUNTY COMMISSIONERS IND R SER GO�,FLORIDA By ' . / jqhn W.Tippin Chairman ATTEST: -x Jeffre Barton,Clerk Court / In"River C Appmed Dat Arw mbirfidm /it Bd I /8 -- Risk Mmuwmeg tiNk works (p Ca ?" / f i¢ A 'Y WPI No:4115475 RA.No:N/A Job No: 88060.3508 Fund Code:N/A Contract No: A� Vendor No: VF K-8Lft 0=5 XD i CM9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT,entered into this 1,&ay of 1998,by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT,and Indian River County,State of Florida,located at 1840 25th Street,Vero Beach,Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS,the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements at the intersection of State Road 60 and 58th Avenue/Kings Highway in Indian River County,Florida;and, WHEREAS,the DEPARTMENT is prepared to contribute funds toward improvements consisting of:Construction of an eastbound right tum lane and the construction of a westbound right tum lane on SR 60 at the intersection of 58th Avenue/Kings Highway. These improvements are in Indian River County and are hereinafter referred to as the PROJECT;and, 1 WHEREAS,the construction improvements are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical,expeditious,and economical for the COUNTY to perform such activities;and, WHEREAS,the e COUNTY b Resolution ,dated _,a copy of which is attached hereto and made a part hereof,is authorized 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 above recitals are true and correct and are deemed incorporated herein. 2. The COUNTY shall provide all design,construction and CEI services necessary to provide the improvements. 3. The COUNTY shall obtain a permit from the DEPARTMENT prior to the construction letting for the PROJECT. 4. The DEPARTMENT agrees to reimburse the COUNTY for direct construction costs, not to exceed FIFTY THOUSAND DOLLARS($50,000.00). The COUNTY shall utilize these funds for payment of County Project No,8823. These funds shall be distributed on one payment as follows: 2 The DEPARTMENT shall reimburse the COUNTY for project expenses up to 100%of its contribution($50,000.00)after inspection by a DEPARTMENT representative is conducted at completion of said PROJECT,and upon receipt of documentation confirming the inspection by the DEPARTMENT and DEPARTMENT approved,project related expenses incurred by the COUNTY and reflected on paid invoice(s). 5. The DEPARTMENT shall have ten(10)working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre-audit and post-audit thereof. The invoice shall be submitted to the State of Florida,Department of Transportation,at 3400 West Commercial Boulevard,Fort Lauderdale,Florida 33309. Attention:Mr.Jonathan M.Overton,P.E. 6. The DEPARTMENT agrees to reimburse the COUNTY for the services herein described and detailed in this Agreement.All costs in excess of the Department's contribution shall be the responsibility of the COUNTY. 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the PROJECT,this Agreement shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 3 8. 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. 9. 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. 10. The DEPARTMENT shall make payment by check payable to:Indian River County,and forward it to 1840 25th Street,Vero Beach,Florida 32960. 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 4 which have a term for a period of more than one(1)year. 12. Records of costs incurred under the terms of this AGREEMENT shall be maintained and made available upon request to the DEPARTMENT 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 DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting records and the project records,together with supporting documents and records of the contractor and subcontractors performing work on the project,and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for the proper audit of costs. 13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents,paper,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 subconsultants to terminate for failure to comply with this provision. 14. 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 5 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. 15. 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. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 17. Section 215.422(5),Florida Statutes,requires the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following,time frames. Upon receipt,the DEPARTMENT has ten(10)days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty(20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are from the latter of the date the invoice is received or the goods and services are received,inspected and approved by the DEPARTMENT. 6 If payment is not available within forty(40)days a separate interest penalty at a rate as established pursuant to Section 215.422(b),Florida Statutes,will be due and payable in addition to the invoice amount,to the COUNTY. Interest payments of less than one(1) dollar will not be enforced unless the contractor requests payment. Invoices which have to be returned to the COUNTY because of invoice preparation errors will result in a delay in the payment. The invoice payment requirements do not begin until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate of the COUNTY in the event that the COUNTY may be experiencing problem in obtaining timely payments from the DEPARTMENT. The Vendor Ombudsman may be contacted at(850)488-2924 or by calling the State Comptroller's Hotline(1-800-848-3792). 18. 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 terns and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 19. The DEPARTMENT agrees to pay the COUNTY for the services herein described at a compensation as detailed in this AGREEMENT. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215A22(14),Florida Statutes. 20. 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 riot 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 Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 6 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 8 .a ' 22. 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 a mail,return receipt requested.All notices delivered shall be sent to the following address: If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Blvd. Ft.Lauderdale,Florida 33309-3421 Attn:Ms.Teresa Martin,Professional Services Unit With a copy to:Jonathan Overton,Project Manager A second copy to: District General Counsel If to the COUNTY: Indian River County 1840 25th Street Vero Beach,Florida 32960 Attn:Terry Thompson,Project Manager With a copy to:County General Counsel 9 IN WITNESS WHEREOF,the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this>Y•Day of 1998,by the Board of COUNTY COMMISSIONERS,authorized to enter into and execut sone by Resolution NojP-•a-,and the DEPARTMENT has executed this AGREEMEN through its District Secretary for District Four Florida Department of Transportation,this�&ay of &-, 1998. The effective date of this AGREEMENT shall be the date the last party to this AGREEMENT has signed. LOCAL GOVERNMENT STATE OF FLORIDA DEPARTMENT INDIAN RIVER COUNTY,FLORIDA OF TRANSPORTATION BY: BY• C ERSON JO N W,TIPPIN DIST T SECRETARY � Q DIRECTOR OF ADMINISTRAT of A ATTEST: '�-- ATTEST; � COPTY RK (S L)J.K,BAR-TON EXECUTIVE SECRETARY DATE OF ECUTION: U/-:%$ APPROVE APPR D: BY BY: COLATY ATTORNEY D L COUNSEL A 0 FORM) i Inui.in R,ver County 4LGrovrea Drl.v AtimIni trri'ioo , 1-C.loll 9 rogK ktanagRment o •� ocpartment I(� (hn::gn