HomeMy WebLinkAbout2019-196FM No: 431759-1-46/42/43/45-02
431759-1-4B/42/43/45-03
FEID No: VF -596-000-674
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement ("Agreement"), entered into this Zl"-' day of t�loirt 33frIL
201_, by and between the State of Florida Department of Transportation hereinafter called the
DEPARTMENT, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called
the COUNTY.
WITNESSETH
WHEREAS, the COUNTY and the DEPARTMENT entered into a County Incentive Grant Program
(CIGP) Locally Funded Agreement (LFA) on June 9, 2015 whereby the parties agreed to have the
DEPARTMENT acquire right-of-way for the SR -60 and 43rd Avenue Intersection Improvement Project with
the COUNTY and the DEPARTMENT each paying 50% of the costs; and
WHEREAS, prior to the commencement of the right of way services agreement, the COUNTY
acquired three parcels that were within the vicinity of the SR -60 and 43rd Avenue intersection (Mermaid
Carwash, Mark's Mobil, and the Harbora residence); and
WHEREAS, said parcels were not acquired in accordance with Title 49, Code of Federal Regulations
(CFR), Part 24 (the "Uniform Act"); and
WHEREAS, the COUNTY and the DEPARTMENT entered into a LFA on August 30, 2017, whereby
the parties agreed to have the DEPARTMENT perform remediation services for the three (3) County
acquired parcels with the COUNTY paying 100% of the costs; and
WHEREAS, the DEPARTMENT received financial assistance in the amount of ONE HUNDRED
FORTY FOUR THOSUAND FIVE HUNDRED DOLLARS ($144,500.00) on October 5, 2017 from the
COUNTY for the right of way remediation services; and
WHEREAS, due to unforeseen delays, not by fault of the COUNTY and/or the DEPARTMENT, the
LFA expired before the necessary parcels could be remediated and verified to be in compliance with the
Uniform Act; and
WHEREAS, the COUNTY has provided the DEPARTMENT with financial assistance under
Financial Management (FM) No 431759-1-4B/42/43/45-02 (Funded in Fiscal Year 2017/2018) for the
continuance of remediation services related to right of way acquisition, relocation assistance, demolition
services and consulting fees for the aforesaid parcels at the intersection of SR -60 and 431 Avenue. Refer
to Exhibit A, Scope of Services, attached hereto and made a part hereof; and
WHEREAS, for the purpose of this Agreement, the right of way remediation services at the
intersection of SR -60 and 43rd Avenue is hereinafter referred to as the "Project" (FM# 431759-1-
4B/42/43/45-02 and 431759-1-4B/42/43/45-03); and
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WHEREAS, the Project is in the interest of both the COUNTY and the DEPARTMENT and it would
be more practical, expeditious, and economical for the DEPARTMENT to continue performing such
activities; and
WHEREAS, the COUNTY by Resolution No. 2019-104 on the 19th
day of November , 20 19 , 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.
2. The DEPARTMENT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. 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 cost to the
DEPARTMENT.
4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests
for additional work for the Project. The DEPARTMENT will make reasonable efforts to
obtain the COUNTY's input in its decisions.
5. The total cost of the Project referenced above, is estimated to be ONE HUNDRED FORTY
FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00). The
COUNTY's payment of ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($144,500.00) has been paid to the DEPARTMENT. FIFTY
SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($56,750.00) of
the funding already received from the COUNTY has been expended. The remaining funding
in the amount of EIGHTY SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND
NO CENTS ($87,750.00), under FM # 431759-1-4B/42/43/45-02 shall be reallocated to FM#
431759-1-4B/42/43/45-03.
SR -60 AND 43RD PROJECT
FM No. 431759-1-46/42/43/45-02
(Initial Funding Allocation: Based on deposit)
Phase 4B
Phase 42
Phase 43
Phase 45
(Appraisal)
(consultant)
(Acquisition)
(relocation)
$35,000.00
$22,000.00
$10,000.00
$77,500.00
TOTAL AMOUNT DUE FROM PARTICIPANT:
$144,500.00
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FM No. 431759-1-4B/42/43/45-03
FUNDING ALLOCATION
(The funding is reallocated from FM # 431759-1-4X-02 to FM # 431759-1-4X-03 as follows:)
PHASE 4B
Original Amount
(FM# 431759-1-413-02)
$ 35,000.00
Expenditures
$ 0.00
Subtotal
$ 35,000.00
Reallocation to:
(FM# 431759-1-42-03)
-$35.000.00
TOTAL
(FM# 431759-1-413-03)
$ 0.00
PHASE 42
Original Amount
$ 22,000.00
(FM# 431759-1-42-02)
Expenditures
$ 0.00
Subtotal
$ 22,000.00
Reallocation to:
(FM# 431759-1-45-03)
-$20,000.00
Subtotal
----------------------------------
$2,000.00
---------------------------------
Subtotal reallocated to:
(FM#431759-1-42-03)
$2,000.00
Reallocation from:
(FM# 431759-14B-02)
+$35,000.00
(FM# 431759-1-45-02)
+$ 750.00
TOTAL
$ 37,750.00
(FM# 431759-142-03)
PHASE 43
Original Amount
$10,000.00
(FM# 431759-1-43-02)
Expenditures
$10,000.00
Subtotal
$ 0.00
Reallocation:
(N/A)
$ 0.00
TOTAL
$ 0.00
(FM# 431759-1-43-03)
PHASE 45
Original Amount
$77,500.00
(FM# 431759-1-45-02)
Expenditures
-$46,750.00
Subtotal
$30,750.00
Reallocation to:
(FM# 431759-1-42-03)
-$ 750.00
Subtotal
------------------------------------
$30,000.00
------------------------------
Subtotal reallocated to:
(FM#431759-1-45-03)
$30,000.00
Reallocation from:
(FM# 431759-1-42-02)
+$20,000.00
TOTAL
$50,000.00
(FM# 431759-1-45-03)
In the event that any of the allocated funds for Phase 4B, 42, 43, and/or 45 are not utilized
in its entirety, the Department shall reallocate funds, without an amendment, to cover
Project costs, as long as the reallocation results in a ZERO DOLLAR ($0.00) net change
and no additional funding is required from the County.
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A. If the Project costs are in excess of the advance deposit amount, the COUNTY will
provide an additional deposit within fourteen (14) calendar days of notification from
the DEPARTMENT. The DEPARTMENT will notify the COUNTY as soon as it
becomes apparent that Project costs are 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 participation. If the COUNTY cannot
provide the additional deposit within fourteen (14) calendar days, a letter must be
submitted to and approved by the DEPARTMENT'S Project manager indicating
when the deposit will be made. The COUNTY understands the request and approval
of the additional time could delay the Project, and additional costs may be incurred
due to delay of the Project.
B. When Project modifications occur that increase the COUNTY'S payment of total
Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY
agrees to provide, without delay, in advance of the additional work being performed,
adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient
to fully fund the cost of the Project. The DEPARTMENT shall notify the COUNTY as
soon as it becomes apparent the actual costs will exceed the 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 participation. Funds due from the
COUNTY during the Project not paid within forty (40) calendar days from the date of
the invoice are subject to an interest charge at a rate established pursuant to Section
55.03, F.S. In the event the COUNTY fails to make the additional payment within the
time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves
the right to terminate this Agreement
C. 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 (360) of final payment to the Consultant. The DEPARTMENT considers the
Project complete when the DEPARTMENT provides the COUNTY with written notice
of its acceptance of the Project. Such written acceptance by the DEPARTMENT
shall serve as evidence that all three (3) parcels acquired by the COUNTY are in
compliance with the Uniform Act. 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 cost.
Both parties agree that in the event the 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. If the final
accounting is not performed within three hundred sixty (360) days, the COUNTY is
not relieved from its obligation to pay.
D. In the event the final accounting of total Project costs is greater than the total
deposits to date, the COUNTY will pay the additional amount within forty (40)
calendar days from the date of the invoice from the DEPARTMENT. The COUNTY
agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on
any invoice not paid within forty (40) calendar days until the invoice is paid.
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E. The payment of funds under this Agreement were received and a Three Party
Escrow Agreement between the COUNTY, the DEPARTMENT, and the State of
Florida, Department of Financial Services, Division of Treasury was established and
executed.
6. In the event it becomes necessary for either party to institute suit for the enforcement of the
provisions of this Agreement, each party shall be responsible to pay their own attorney fees
and court costs. Venue with respect to any such litigation shall be in Broward County.
7. In the event the Project is cancelled, the DEPARTMENT, in accordance with all applicable
laws and procedures, will reimburse to the COUNTY any remaining funds on deposit minus
any costs incurred during the Project.
8. The COUNTY / Vendor/ Contractor:
(A) shall utilize the U.S. Department of Homeland Security's E -verify system to verify the
employment eligibility of all new employees hired by the COUNTY/
Vendor/Contractor during the term of the contract; and
(B) shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E -Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
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. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of
the Project, the Agreement may be amended to identify the respective responsibilities and
the financial arrangements between the parties.
11. 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 (FM# 431759-1-4B/42/43/45-
03) is completed as evidenced by the written acceptance of the DEPARTMENT.
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. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
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14. 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.
15. 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: Leos A. Kennedy, Jr.
With a copy to: Susan Day
A second copy to: Office of the General Counsel
If to the COUNTY:
Indian River County
Public Works Department
1801 27th Street
Vero Beach, Florida 32960
Attn: Richard Szpyrka, P.E.
With a copy to: County Attorney
The remainder of this page is blank.
Page 6
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes
specified herein. Authorization has been given to enter into and execute this Agreement by Resolution
Number 2019_-104_ , hereto attached.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Ni
TI
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
�,
(Deputy Clerk)
U Y CLERK (SEAL)
APPROVED:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
STEVEN C. BRAUN, PE.
DIRECTOR OF TRANSPORTATION DEVELOPMENT
LEGAL REVIEW
BY:
OFFI OF E GENERAL COUNSEL
APPROVED:
BY: ME�' A, k,--��
1 BY:
WILLIA K. DeBRAAL DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR
DEPUTY COUNTY ATTORNEY
Page 7
EXHIBIT A
Scope of Services
FM No. 431759-1-4B/42/43/45-02
FM No. 431759-1-4B-/42-43-45-03
The DEPARTMENT shall implement a remediation plan for the pending SR60 @ 43`d Avenue intersection
construction project to bring the properties into compliance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended.
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