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HomeMy WebLinkAbout2000-081CI • ir '- ((6 INDIAN RIVER COUNTY / 3. /-- a� AND 'no ) SCHOOL DISTRICT OF INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this21 day of tiarch , 2000, by and between Indian River County, State of Florida, located at 1840 25' Street, Vero Beach, Florida, hereinafter called COUNTY, and School District of Indian River County, State of Florida, located at 1990 25`h Street, Vero Beach, FL., hereinafter called the SCHOOL DISTRICT. WITNESSETH WHEREAS, the COUNTY and the SCHOOL DISTRICT are desirous of having the COUNTY manage the property acquisition, professional services agreement, providing for engineering and architectural design, bidding phase, construction site work, inspection and related work in connection with the Indian River County/School District Fleet Management Facility, Fueling Depot site work, offsite utilities, school bus and vehicle parking areas, and related improvements in Indian River County, Florida; and, WHEREAS, the SCHOOL DISTRICT is prepared to contribute funds toward property acquisition, enginceringlarchitectural design, bidding, construction improvements, inspection, and related work for the Indian River County/School District Joint Fleet Management facility, Fueling Depot, site work, offsite utilities, bus and vehicle parking areas, and necessary related improvements work; These improvements are in the interest of both the COUNTY and the SCHOOL DISTRICT and it would be more practical, expeditious, and economical for the COUNTY to perform such activities: NOW 'THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are dtremed incorporated herein. 2. The COUNTY shall be responsible to perform the project and shall direct the management of the project. The SCHOOL DISTRICT will expeditiously review all design plans for SCHOOL DISTRICT facilities, make timely comments, and take responsibility to approve design and construction of SCHOOL DISTRICT facilities. 3. The COUNTY and SCHOOL DISTRICT shall be jointly responsible for assuring that the project complies with ail required standards. 4. The COUNTY agrees to make all studies, maps, drawings, surveys and other data and information pertaining to the project available to the SCHOOL DISTRICT upon request. 5. The COUNTY and SCHOOL DISTRICT shall have the joint responsibility for resolving claims and requests for additional work for the project. The COUNTY will make its best effort to obtain SCHOOL DISTRICT input in its decisions. 6. The COUNTY and SCHOOL DISTRICT shall jointly fund the Project. a. The payment of funds by the SCHOOL DISTRICT under this Joint participation Agreement will be made as follows: Phase Latest Date to be transmitted To COUNTY by SCH OL DISTRICT Amount Program/Schematic Phase 30 days following execution of this Joint $ 10,$72.00 Project Agreement Site Plan/Preliminary Design 30 days after completion date of $ 22,673.00 April 30, 2000 Design Development 30 days after completion date of $ 24,573.00 Jun -.15,2000 Construction Document Phase 30 days after completion date of $ 43,003.00 Sept. 15, 2000 Bidding & Negotiation Phase/ 30 days alter completion date of $ 6,143.00 Additional Servicesl Nov. 15, 2000 S 20,860.00 Direct Expenses Upon award of bid $ 6,271.00 Land Acquisition 30 days following receipt of bids or $ 225,000.00 Dec. 15, 2000, whichever is later and Upon execution of deed from COUNTY To SCHOOL DISTRICT Construction Admin/ 30 days following; receipt of bids or $ 30,717 00 Construction/Fixtures/ Dec. 15, 2000, whichever is later S 1,694,775.00 Permits/F.^e,,Mstin3 $ t 5f),000.00 S 9,000.00 $ 2,243,587.00 Contingency TBD $ 60113,40 $ 2,250,000.00 do 01 C1 b. If the professional services, expenses, fees, construction costs, and related costs, plus allowances, are in excess of the amounts listed in G. a. above for certain phases, the SCHOOL DISTRICT will reduce the scope of work, if agreeable to the COUNTY or provide additional funds to COUNTY as needed. The COUNTY will notify (lie SCHOOL DISTRICT as soon as it becomes apparent that the costs are in excess of the amounts contained Herein; however, failure of the COUNTY to so notify the SCHOOL' DISTRICT shall not relieve the SCHOOL DISTRICT from its obligation to pay for its full contribution on final accounting as provided herein below. C. If the final costs are less than those listed in G.a., the COUNTY will refund the amount that the cost exceeds the budget amount. d. Should contract modifications occur that increases the SCHOOL DISTRICT's share of the project costs, the SCHOOL DISTRICT will be notified by the COUNTY accordingly. The SCHOOL DISTRICT agrees to provide adequate funds to ensure that reimbursement or cash on deposit with the COUNTY is sufficient to fully Fund its share of the project. The COUNTY shall notify the SCHOOL DISTRICT as soon as it becomes apparent the actual costs will overrun the amounts listed in G.a.; however, failure of the COUNTY to so notify the SCHOOL DISTRICT shall not relieve the SCHOOL DISTRICT from its obligation to pay for its full contribution on final accounting as provided herein below, The SCHOOL DISTRICT shall be given an opportunity to request changes in the work to bring the project costs within the SCHOOL DISTRICT's budget of $2,250,000. The COUNTY must agree 'rt the requested change in Scope of Work. C. Upon final payment to the Contractor, the COUNTY intends to have its final and complete accounting of all costs incurred in connection with the work perforined hereunder within 30 days. All project cost records and accounts shall be subject to audit by a representative of the SCHOOL DISTRICT within one (1) year afler final close out of the project. The SCHOOL DISTRICT 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 COUNTY to the &,t OOL DISTRICT in accordance with Section 215.422, Florida Statutes. If the final cost exceeds the advance payment, the SCHOOL DISTRICT will he invoiccd rnr tt'e bul°ance. Upon rcc'cipt of the filontl invuiC , tic SCHOOL DISTRICT agrees to reimburse the COUNTY in the amount ofsuch actual costwithin thirty (30) days from the date of the invoice. The SCHOOL DISTRICT shall pay an additional charge as specified in Section 55.03, Florida Statutes, on any invoice not paid within the time " r specified in the preceding sentence, until the invoice is paid. f. In the event it becomcs necessary for the COUNTY to institute suit for the enforcement of (lie provisions of this Agreement, the SCHOOL DISTRICT shall pay the COUNfY's reasonable i FI 40 attorney fees and court costs if the COUNTY prevails, r�K V146 VSA 7. Should the COUNTY and the SCHOOL DISTRICT decide to proceed with subsequent phases of the PROTECT, the agreement shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the SCHOOL DISTRICT under any circumstances without the prior written consent of the COUNTY. However, this agreement shall run to the COUNTY 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 SCHOOL DISTRICT until the project is completed. I The COUNTY, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involve the expenditure of money in excess of the amounts budgeted or as amended by budget amendment 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. 11. The SCHOOL DISTRICT warrants that it has not employed or obtain any company or person, other than bona fide employees of the SCHOOL DISTRICT, 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 SCHOOL DISTRICT. For breach or violation of this provision, tile COUNTY shall have the right to terminate the agreement without liability. 12. To the extent allowed by the Laws of Florida, the SCHOOL DISTRICT hereby agrees to indemnify, defend, save and hold harmless the COUNTY from 2l! 02i:,LS, 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 SCHOOL DISTRICT, 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 COUNTY for its own negligence. 13, This agreement is governed by and construed in accordance with the laws of the State of Florida. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to thematters contained herein, and the parties agree that there are no commitments, agreements orunderstandings concerning the subject matter ofthis agreement that ur_ not. con:aincd in this docunient. Accordingly, ii is agreed that no deviation from the terms hercof' shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alternation in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same fornmality and of equal dignity herewith. 15. Any ofall 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 COUNTY: Indian River County Public Works Department 1840 25' Street Vero Beach, Fl. 32460-3365 Attn: James W. Davis, F.E. Public Works Director If to the SCHOOL DISTRICT: School District of Indian River County 1990 251' Street Vero Beach, FL. 32460 Greg Smith, Facilities Director IN WITNESS WHEREOF, the SCHOOL DISTRICT has causer! this Joint Participation Agreement to be executed in its behalf this 14th day of MamII, 1000 by the School Board and Indian River County has executed this agreement through it's Chairman, Board of County Commissioners, t„is --2j-s±—day of Match , 2000. The effective date of this agreement shall be the date the last party to this agreement has signed. SCHOOL DISTRICT OF INDIAN RIVER COUNTY Charson .. , uL::c ti.afadReiwcwXont ctWoohu Works Cotrlpim pa INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION Fran B. Adams, Chairman, Attest: Jeffs K. Barton, County C �— Indian liivcr Cnunty Approved I Date Ij .ldmireistrallon Ci �' ' / , nudgel UpT i nlTi AterMgnatnt _. Puhllt Works