HomeMy WebLinkAbout2000-1034D
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tl♦ LOCAL AGENCY PROGRAM AGREEMENT pQ�lo GOMEfPUCY O"
WPI No: Fund: — :Fr SAMAS Approp:
Funcliow SAMAS Obj.:
Job No: 0 .fel Federal No: Org. Code:
Contract No: '' — Vendor No.:
THIS AGREEMENT, made and entered into this day of -TO
2000, by and between the STATE OF FLORIDA IDEEP RRT DEPARTMENT
TRANSPORTATION, an agency of the State of
Florida, hereinafter called the Department, and
1840 25TH STREET, VERO BEACH, FLORIDA, 32960 hereinafter called the Agency.
WITNESSETH
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of ap ropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes
to enter into this Agreement; GIFFORD BIKE PATII ALONG U5 1 BETWEEN 37TH STREET AND 45TH STREET. IN
rNDIAN RIVER COUNTY, FLORIDA —
NOW, THEREFORE, in consideration of the mutual covenants, Promises and representations herein, the parties agree as
follows:
1,00 Purpose of Agreement: The purpose of this Agreement is and as further described in Exhibit "A"° attached hereto and
by this reference made a part hereof, hereinafter called the project, and to provide Departmental financial reimbursement to
the Agency and state the terms and conditions upon which such reimbursement will be provided and the understandings as to
the manner in which the project will be undertaken and completed.
2,00 Accomplishment of the Project;
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in acccordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with
the terms, conditions, and sp.cilications of this agrteaient shall be responsible charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before NOVEMBER, 2001
If (lie Agency does not complete the project within this time period, this Agreement will expire unless an extension of (lie time
period is requested by the Agency and granted in writing by the District Secretary, District FOUR
prior to the expiration of the agreement. Expiration of this Agreement will be considered termination of the project.
2.03 Pursuant to Federal :State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agt,:cmcnt or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will
initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
Exhibit 11-2-1 Local Agency Program Agreement 2-2.3
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2,0.4 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including Federal
aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shalt submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.40 Project Cos(:
03.01 Total Cost: The total estimated cost of the project is $! s nnp This amount is based upon
the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear
all expenses in excess of the total estimated cost of the project and any deficits involved.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project -cost to the
extent provided in Exhibit "Il". This amount includes Federal -aid funds which are limited to the actual amount of Fedcral-aid
participation.
3.03 Limits on State Funds: Project costs eligible for Slate participation will be allowed only from the date of this Agreement.
It is understood that State 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 he committed„
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all pians, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation or Funds: The State of Florida's performance and obligation to pay under this Agreement is contingent
upon a annual appropriation by the legislature,
3.05 Multi Commitment: In the event this Agreement is in excess of $25,400 and has a terns for a period of more than
One Year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) 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 shall 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 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 dollars and which have a term
for a period of more than one year."
3-06 Limits on Federal Participation: Federal -aid funds shalt not participate in any cost which is not incurred in conformity
with applicable federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by
the Invision Administrator of the Federal Highway Administration (FHWA). federal funds shall not be paid on account of
any cost incurred prior to authorirat-son by the FIiWA to the Department to proceed with the project or part thereof involving
Fxhibit 11 -2-1 t.ocal Agency Program Agrcctncnt 2-2-q
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such cast. (23 CFR 1,9 (a)) If FHWA or the Department determines that any amount claimed is not eligible, federal
participation may be approved in the amount determined to be adequately supported, the Department shall notify the local
agency, in writing, citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-
compliance with provisions of law or FHWA requirements exists, Federal Funds may be withheld until compliance is obtained.
Where non-compliance is not correctable, FIIWA or the Department may deny participation in parcel or project costs in part
or in total.
For any amounts determined to be ineligible for Federal reimbursement, for which the Department has advanced payment, the
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice,
3.07 Retainage: Retain age (is) (is not) applicable. If applicable VIA percent of the Department's total share of participation
as shown in Exhibit "B" is to be held in retain age to be disbursed, at the Department's discretion, on or before the completion
of the final project audit.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project estimate, shall be
prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry out the project and
shall incur obligations against and make disbursements of project funds only m conformity with the latest approved estimate
for the project. The estimate may be revised by mutual written agreement between the Department and the Agency. If revised,
a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal Aid Program
Office. No estimate increase or decrease shall he effective unless it complies with fund participation requirements established.
in Exhibit "B" of this Agreement and is approved by the Department Comptroller.
5,00 Records:
5,01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall
he 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 includes the Agency's general accounting records and the project records, together with supporting
documents and records, of the Agency and all subcontractors performing work on the project, and all other records of the
Agency and subcontractors considered necessary by the Department for a proper audit of costs,
5.42 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs
in excess of the latest approved estimate or attributable to actions which have not received the required approval of the Department
shall not be considerable eligible costs.
5,03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, tinic records, invoices, contracts, or vouchers evidencing in proper detail
the nature of the charges,
5.04 Audit Reports: State highway agencies and local government agencies which receive Federal -aid highway funds shall
comply with the latest audit requirements as established in 49 CFR, part 90.
The Agency shall provide to the Department for each of its fiscal years for which the project account remains open, an audit
report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting the use
of the Funds of the Department, the Agency, and those from any other source with respect to the project. Audits shall be
performed in accordance with generally accepted government auditing standards contented in the Standard -for Auditing
OF Governmental ❑rganixations, Programs. Activities and functions, issued by the US General Accounting Office and OMB
Circulars A-128 or A-133 where applicable, The Agency shall require its auditors to include in their report a schedule of
project assistance which shall include a schedule of project assistance [bat will reflect the Department's contract number, WP[
number, Job number, and the Federal Identification number, where applicable, and the amount of state funding.
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5.05 Record Retention: All records shall be maintained for a period of three years beginning after the Federal Highway
Administration approves the final voucher. If any litigation, claim, or audit is started before the expiration of the 3 year period,
the records shall be retained until all litigation, claims, or audit finding involving the records have been resolved.
5.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Ilighway Administration to inspect all work, workmanship, materials,
payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, or any contractor, sub-
contractor, or materials vendor, to allow public access to all documents, papers, letters, or other material subject to the
Provisions Of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
(Section 287.058(l)(c), Florida Statutes)
6.00 Requisitions and Payments Requests for reimbursement for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (Section 287.058(1)(a), Florida Statutes)
Any request for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes.
The Department may establish rates lower than the maximum provided in Section 112.061, Florida Statutes.
(Section 287.058(i)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
Pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency Owing such amount if, upon demand, payment of the amount is not made within sixty
(60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by
the Department.
7.00 The Department's Obligations: Subject to other provisions hereof, the Department wi11 honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment if.
7.01 Misrepresentation: The Agency shall have made misrepresentation of material nature in its application, or any
supplement thereto or amendment thereof, or m or with respect to any document of data furnished therewith or pursuant hereto;
7,02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7,03 Approval by Departmental The Agency shall have taken any action pertaining to the project which, under this agreement.
requires the approval of the Department or has made related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement
7.06 Federal Participation: The Department may suspend or terminate payment foo that portion of the Project which the
FHWA or the Department acting in lieu of the FHWA, may designate as ineligible for Federal -aid. (FAIN)
7.07 Disallowed Costs: In determining the amount of the Payment, the Department will exclude all projects costs incurred by
Exhibit 11.2-1 local Agency Program Agreement
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the Agency prior to the effective date of this Agreement or [lie date of authorization, costs incurred after the expiration of the
agreement, costs which are not provided for in the latest approved estimate for the project, and costs attributable to goods or
services received under a contract or other arrangements which have not been approved in writing by the Department.
8.00 Termirurtion or Suspension of Prcdeet:
8,41 Termination or Suspension Generally; The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of
(a) immediately terminating the agreement, or (b) suspending the agreement and notifying the Agency of the deficiency with
a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end
of such time. Suspension of the contract will not affect the time period for completion of the agreement.
if the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
state of workat which the agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. payment is to be on the basis of substantiated costs,
8.62 Action Subsequent to Notice of Termination or Suspension Upon receipt of any final termination or suspension notice
under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or
all Of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such
other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be
computed (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
estimate as approved by the Department or upon the basis of terms and conditions imposed by the Department upon she failure
of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of
this Agreement.
9.00 Contracts of the Apney:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute
any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the project without the written approval of
the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act; It is understood and agreed by the parties hereto that
Participation by the Department in a project with an Agency, where said project involves a consultant contraci for eaagincering
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant Selection Process for all projects, In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
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10.00 Disadvantaged Husbims. Entemrlse [DDE) Policy and Obligation -
10,01 DIE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 C.F.R. Part 23,
as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part
with Department funds under this Agreement. The DBF requirements of 49 C.F.R. Part 23, as amended, apply to this
Agreement,
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined
in 49 C.P.R. Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this
Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49
C.F.R. Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part
of this project, the Agency must comply with Subpart (E) of 49 C.F.R., Part 23, as amended.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions;
11.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or
marital status. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such
action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or
recruitment advertising layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship
in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees
and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
11,02 Title VI - Civil Rights Act or 1964: The Agency will comply with all lite requirements imposed by Title VI of the Civil
Rights Act of 1464 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and
the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title V1 of the Civil Rights
Act of 1964; 49 C.F.R., Part 21; and related statutes and regulations.
11.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the
ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
11.04 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C.F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal -aid highway program. (23 C.F.R.
63S. 110(e))
11.05 Public Entity Crime: "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 enlity, may unt submit
a bid on a contract with a public entity for the construction nr repair of a public building or public work, may not submit bids
Exhibit 11.2-1 Loca! Agency Program Agreement
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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 riot transact business with any public entity in excess of the threshold
amount provided in s.297.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
11,06 Prohibited interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract, or arrangement in connection with the project or any property included or planned to be included in the project,
in which any member, officer, or employee of the Agency. or the locality during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present
member, Officer or employee shall not participate in any action by the Agency or the locality relating to such contract,
subcontract, or arrangement..
The Agency shall insert in a contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency or of the locality during his tenure Or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
11.07 Interest of Members or, or Delegates to, Congress: No member or delegate to the Congress of the United Stales shall
be admitted to any share or part of the Agreement or any benefit arising therefrom.
12.00 Miscellaneous Provisions:
12.01 Environmental Pollution: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
12.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
12.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any defaull which may then
exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
12-04 flow Agreement 1s Affected by Provisions Being field Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to
the tarns and requirements of applicable law,
12-05 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
12.06 State law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any prop Psion
thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
Exhibit 11-2-1 Local Agency Program Agreement
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provisions of the Agreement violate any applicable Slate law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
12.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
the Department and all its officers, agents and employees from any claim, loss, damage, cost charge or expense arising out
of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement,
except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss damage, cost,
charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents, or
employees during the performance of the Agreement.
The ,parties agree that this clause shall not waive the benefits or provisions of Chapter 768:28, Florida Statutes or any similar
provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance
of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency
and the Department will evaluate the claim and report their findings to each other within jourreen (14) working days and will
jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require
the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as
described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any
right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each
pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in
the defense of the claim at trial, that party is responsible for all expenses at trial.
12.08 Plans and Specifications'. In the event that this Agreement involves constructing and equipping of facilities on the State
I ighway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specification and will issue to the Agency written approval with any
approved portions of the project and comments at recommendations covering any remainder of the project deemed appropriate -
After resolution of these comments and recomomendations to the Department's satisfaction, the Department will issue to the
Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient
of nonpayment by the Department.
12.09 Agency Certification The Agency will certify in writing prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and
that the project is accepted by the Agency as suitable for the intended purpose.
12.10 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used
in the plural form shall extend to and include the singular All words used in any gender shall extend to and include all genders,
12.11 Execution of Agreement This Agreement may be simultaneously executed in a minimum of two counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
12.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency,
to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
Exhibit 32-2-1 local Agency Program Agreement
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If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an
employee of a Member of Congress in connection with this Joint Participationgreetneg (he undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," m accor ance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards, at all tiers
(including subcontracts, subgranis, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
State; No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
12.13 Maintenance: The Agency agrees to maintain any project, not on the State System, constructed under this Agreement.
12.14 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve
the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20
days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and.
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes will be due and payable, in
addition to the invoice amount to the Agency. interest penalties of less than one (1) dollar will not he enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
De artmeni.'Me Vendor Ombudsman may be contacted at (404)489-2924 or by calling the State Comptroller's llotline, I -
g00 -848 3742.
Exhibit II -2-1 Local Agency Program Agreement
2.2-11
40
40
40
• FORM 375-010.44
CONSTRUCTION
OOG - 121"
' Rlpr 10 O1 10
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
INDIAN RIVER COUN"f'i BOARD OF
COUNTY COWMJSS10N'.'-7S STATE OF FLORIDA D •PARTMENT Oy TRA
By: e By: `
Title. Frai*Adams, 3Chai Distxicl Secretary DC Aprr-11-11Attest: - By: �J'1C120-, �-w.it4ltiTill ; ]arton„ l:lerk Circuit Executive Secretary
�-qrfo
As to fomt: As to form:
Attorney �' %} District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
Exhibit 11-2.1 Local Agency Program Agreement
Indian River County Approved tate
Administration % � �
Budget7 %
Legal I
Risk Management `--, ,
2-2-12
4P
40
40
PI NO.
DOT PROJECT NO.
EX141BIT A
Project Description and Responsibilities
FORM $25-01040
co Ha7Nuc non
out � 11,10
This exhibit forms an integral part of that certain Reimbursement Agreement between the 'State of Florida, Department of
Transportation and
INDIAN RIVER COUNTY
1840 25TH STREET, VERO BEACH, FL. 32960
Dated 00/204
PROJECT LOCATION: INDIAN RIVER COUNTY FLORIDA. US HIGHWAY I
The project is on the National Highway System.
The project is on the State Highway System.
PROJECT DESCRIPTION:
CONSTRUCTION OF AN S FOOT WIDE RECREATION PATH ADJACENT TO US 11IGHWAY t. THE PATH
WILL EXTEND FOR 1.8 MILES FROM 37TH STREET TO 45TH STREET.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERA'T'ION BY DEPARTMENT:
Exhibit 12-2-1 Local Agency program Agreement
2.2.13
0O
•
i
FORM 575• D to. 40
CONSTRUCTJON
ooC�INaa
E 8r ISILLING ADDRESS
STATE OfFLOrdOADEPARTUEMOF TP}H"TAT"
W.P.1_ NO.
ER COUNTY
LOCAL AGENCY PROGRAM
RE a. Agency Work
b. Other
c. Department Services
d. Tolal PEs Cost Fstimate a+h+c
TREET
AGREEMENT
F.D.O.T. PROJECT NO.
I1, FL. 32960
L
Fx1iIIIIT'B"
ESTIMATE OF FUNDING
PROJECT DESCRIPTION
Name GIFFORD I31KF PATH Lrrglh 1.MIL
Termini 37th Strcei AND 45TH MEET --
[yescuption of Work
CONSTRUCT AN 8' WIDE CONCRETE SIDEWALK. FROM 37T11 STREET TO 45TH STREET,
TYPE OF WORK
ESTIMATE OF FUNDING
ill
ES71MATEDTOTAL
PAOIECTFUNDS
131
EST IM AT ED AGE NCV
FUNDS
ill
ESTIMATED
FEDERAL FUNDS
RE a. Agency Work
b. Other
c. Department Services
d. Tolal PEs Cost Fstimate a+h+c
-
Right -of -Way e. Agency Work.
F. Other
g Department Services
h Total R/W_ Cost Estimate a+f+
('(instruction i. Contract
j . Other
k. Other
I. Other
n1 Total Contract Costs II+J+k+11
Construction Engineering
n. Agency
o. Other
p. Department Forces
q. Total ConstrvCtinn Engineering (n+o l p)
F- Total Construct inn Cost Estimate Im+
$194,000
S 6,000
3 6.'000
5 6000
s. TOTAL. COST ESTIMATE OF TI[E
If Rfy11iC'J' d+h+r
$ 215,000
$215,000
_ _
"Federal parfigiriathpit in Construction Firitinccring 1q) i5 limited in 15 `.a of the Total Contract Costs (long m column 3
The Fedcral-aid participation rare in this project will be determined by the Federal Government The parties expect that it will be' Qs;,
however, it is understood that the tate may vary. The Agency agrees that this agreement tsentcred without relying upon any representation
by the State nude outside of this contract, or contained herein, as to what the Federal participation rate will be. 11 further agrees that it will
not condition any future actions with respect to the Project covered by this agreement upon past, current, or Future representations as ro the
Fedcral panicipntion rate. The dollar a niounI of federal Participation cannot exceed the amount shown in line s., column Ot,. All costs
rim reimbursed by the Federal Government shall be the responsibility of the Agency.
Exhibit 11.2-1 Local Agelrcy Program Agreement
RECYCLED PAPEr,
2-2-14
0
40
0
•
RESOLUTION NO. 2000-042
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING
EXECUTION OF A LOCAL AGENCYAGREEMENT FAR THE
GIFFORD AIKEPATHISIDEWALK, ALONG US I BETWEEN
39TH STREET AND 45TH STREET, WITH THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, AND
PROVIDING FOR AN EFFECTIVE. DATE.
WHEREAS, the State of Florida, Department of Transportation and Indian River
County desire to facilitate the consiructiort of the Gifford Bike Path/Sidewalk-, and
WHEREAS, the State of Florida,. Department of Transportation, has requested Indian
River County execute and deliver to the State of Florida, Department of Transportation, a Local
Agency Agreement for the aforementioned project;
NOW, THERE FORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board
is hereby authorized to make, execute, and deliver to the State of Florida, Department of
'transportation, a Local Agency A;reement for the aformentioned project.
The foregoing resolution was offered by Commissioners, Carol ine Gi nn
who moved its adoption. The motion was seconded by Commissioner Ruth Stanbridge
and, upon being put to a vote, the vote was as follows:
Chairman Fran D. Adams Aye
Vice Chairman Caroline D. Ginn Aye
Commissioner John w. Tippin Aye
Commissioner Ken R. Macht Aye
Commissioner Ruth M. Stanbridge Aye
The Chairman thereupon declared the resolution passed and adopted this 11 th day of
2000.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Bye -'-q 06061A'V(�--
Fran
B. Adams, Chairman
���� WRiskmana!aenienXt
ApprovedEDa Attest: 7
Set ey I. Barton, Cl tk
l
oepariment
i -h l'4'i Intl