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HomeMy WebLinkAbout1999-048C> M .9 99,049 FM No:403 69311/74101 Contract No: �II•��Itl4atf��+Irk F.A. No: NIA Fund Code: D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this _____ day of 19_, by and between the State of Florida Department of Transportation hereina€ler called the DEPARTMENT, and Indian River County, 1840 25th Street, Vero Beach, Florida 32950, hereinafter called the COUNTY. WITNESSE`I"H WHEREAS, the DEPARTMENT and the COUNTY mutually agree that it is in their best interest that the COUNTY undertake the maintenance and operation of internally -illuminated street name signs installed on State Highways in the COUNTY, shall hereinafter be referred to as the "PROJECT"; and WHEREAS, the COUNTY by Resolution �% `�-'f� , adopted on a IG , 61 19f a copy of which is attached hereto and made a part hereof, has authorized the COUNTY to enter into this AGREEMENT. 40 NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: I. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The COUNTY shall be responsible for the maintenance and operation of all the internally illuminated street name signs within Indian River County. For the purpose of this agreement, the scope of the PROJECT to be provided by the COUNTY is defined as follows: A. Procurement and installation of replacement sign assemblies, as directed by and in accordance with the DEPARTMENT specifications and related requirements. B. Procurement and installation of replacement parts and sub -assemblies as directed by and in accordance with the DEPARTMENT specifications and related requirements. C. Routine preventive maintenance activities such as but not limited to sign cleaning, sealing, and repainting. O. Provision and maintenance of electrical service to all sign assemblies. 2 3. If, at any time while the terms of this agreement are in effect, it shall come to the attention of the DEPARTMENT that the COUNTY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this agreement, the DEPARTMENT may issue a written notice to place said COUNTY on notice thereof. Thereafter the COUNTY shall have a period of (30) thirty calendar days from the date of notice, within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within the time period, the DEPARTMENT may at its option, proceed as follows: A. The actual cost for such work will be deducted from payment to the COUNTY or B. Terminate this agreement in accordance with paragraph seven (7) of this agreement. s 4. The total estimated cost of the Project is TEN THOUSAND DOLLARS ($10,000.00). The cost for the work described in paragraph two (2) shall be paid by the DEPARTMENT to the COUNTY on an annual basis. A letter from the County Traffic Engineer acknowledging the completion of the scope of work described in paragraph two (2) is the prerequisite to the issuance of the annual payment. Payment to the COUNTY will be in a lump sum amount of TEN THOUSAND DOLLARS ($10,000.00) annually. The COUNTY agrees to bear all expenses in excess of the total estimated cost of the Project . S. The DEPARTMENT agrees to a maximum participation, including contingencies, in the amount of TEN THOUSAND DOLLARS ($10,000.00) annually, for Department Fiscal Yearn 1999, 2000, 2001, 2002, and 2003. 6. Project costs eligible for DEPARTMENT participation will be allowed only from the date of this Agreement. It is understood that DEPARTMENT participation in eligible Project costs is subject to. a) Legislative approval of the DEPARTMENT'S appropriation request in the Work Program year that the Project is scheduled to be committed. b) Availability of funds . c) Approval of all plans, specifications, contracts or other obligating documents and all 4 dw 40 other terms of this Agreement. This agreement or part thereof is subject to termination under any one of the following conditions; A. in the event the DEPARTMENT exercises the option identified by paragraph three (3) of this agreement. II. As mutually agreed to by both parties in writing, 8. Should the DEPARTMENT and the COUNTY decided 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. 9. All costs charged to the Project, including any approved services contributed by the COUNTY or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the Project charges. CJ W 10. hills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 11. In determining the amount of any payment, the DEPARTMENT will exclude all Project costs incurred by the COUNTY prior to the effective date of this Agreement, and/or costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the DEPARTMENT, 12. The COUNTY agrees that the Project equipment will be used by the COUNTY to provide and/or support enhancements to the operation of the internally illuminated street signs for the period of the useful life of such equipment as determined in accordance with general accounting principles and approved by the DEPARTMENT. The COUNTY further agrees to maintain the Project equipment in good working order for the useful life of said equipment. 13. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROTECT 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 - M. 40 40 audit thereof. The invoice shall be submitted to the State of Florida, Department of Transportation, at 7900 Forest Hill Boulevard, West Palm Beach, Florida 33413-3342. Attention; Larry Kelly. 14, 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. 15. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until June 30, 2001 16, The DEPARTMENT shall make payment payable to "Indian River County Board of County Commissioners", and forward to Attention; Christopher R. Mora, P.E.,Indian River County Traffic Engineer, 1840 25th Street, Vero Beach, FL 32960. IT 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 7 4b 40 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. 18. '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 five 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 COUNTY'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. 19. 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. E—A i 20. 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. 21. 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. 22. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 23, 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 goz; 's 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 9 4W 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. If payment is not available within forty (40) days a separate interest penalty at a rate as established pursuant to Section 215.422(3)(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 Vender Ombudsman may be contacted at (850) 489-2924 or by calling the State Comptroller's Hotline (1-800-848-3792). 24. 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 concernin, 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 10 O a any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the tennis and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 25. 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 215.422(14), Florida Statutes. 26. 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of months from the date of being placed on the convicted vendor list. 2T. The DEPARTMENT's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 111 40 40 28. 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 address: If to the DEPARTMENT: District hour Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Attn: Teresa Martin, Professional Services With a copy to:Larry Kelly, Project Manager A second copy to: District General Counsel If to the COUNTY: Indian River County 1840 25th Street Vero Beach, FL 32960 Attn: Mr. Christopher R. Mora, P.E., County Traffic Engineer With a copy to: COUNTY Attorney IN e • IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this A�- Day of .ct� ` 11999, by the County Commission, authorized to enter into and execute same by Resolutio No. Z2LZ , and the DEPARTMENT has executed this Agreement through its District Secretary for District Four Florida Department of Transportation, this i Day of 1999. The effective date of this Agreement shall be the date the last party to this Agreement has signed. INDIAN RIVER COUNTY By hair lYE7k1 R. MAC:::" IN ATTEST: Covn le k (gE APPROVED: _J �unty Attorney 13 BY: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary APPROVE: Director of Administration ATTEST: Executive Secretary Date of Execution: APPROVED: (As to Form) BY: District Legal Counsel (SEAL) ladiar RlrerCounty Apprared Dare Adminlssralian Budge) Legal Risk Mirsopment yF� 0• Mile Works 451- i t! RESOLUTION NO. 99- 15 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT PARTICIPATION FOR INTERNALLY -ILLUMINATED STREET NAME. SIGNS WHEREAS, it is a policy of the State of Florida to construct and make improve men is to the state transportation system in a cooperative partnership; and WHEREAS, such partnership shall be promoted and encouraged through the joint funding 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. 1. no FDOT shall fund the project's estimated $10,0W annual cost, for a period of five years (550,0[10 total). 2. The County shall maintain and operate the internally -illuminated street name signs. If the project cost exceeds $10,000 annually, the County shall pay the overage. The resolution was moved to adoption by Commissioner Ginn and the motion was seconded by Commissioner cr a nh�_ p ngn, and, upon being put to is vote, the vote was as follows: Chairman Kenneth R, Macht Aye Vice Chairman Fran B. Adams Aye Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth M. Stanbridge Aye The Chaienran thereupon declared the resolution duly passed and adopted this 1§ day of _EkbrWary , 1999. 'HOARD OF COUNTY COMMISSIONERS Attest: IND AN VER COUNTY, FLORIDA :2 �el 6Jcffr K. Barton, Cler Kenneth R. Macht, Chairman 4-��IuAk- ,,,n,; t-, gl— , �Lq ,,,n,; t-, gl— ,