HomeMy WebLinkAbout2000-045VIII .
RESOLUTION NO. 2000 - 045
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT
PARTICIPATION AGREEMENT FOR HURRICANE IRENE DAMAGE
REIMBURSEMENT FOR FEDERALLY CLASSIFIED COUNTY ROADS
WHEREAS, the Florida Department of Transportation and Indian River County are
desirous of reimbursing the County for traffic control device expenditures as a result of
damages caused by Hurricane Irene,
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Joint Participation
Agreement between the State of Florida Department of Transportation and Indian River
County identified as FM No. 407455-3-74-01 is hereby approved and the Chairman is
authorized to execute same.
The foregoing resolution was offered by Commissioner
Ginn
and seconded by Commissioner Macht and, upon being put to a
vote, the vote was as follows:
Chairman Fran B. Adams
Aye
Vice Chairman Caroline D. Ginn
Aye
Commissioner Kenneth R. Macht
Aye
Commissioner John W. Tippin
Aye
Commissioner Ruth M. Stanbridge
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 18th
day of Apri 1
Attest: J. K. Barton, Clerk
Deputy Clerk
C:\WP60\DATA2000\IRENEJPA.RES
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By Q ,tet 6OAOIV�
Fran B. Adams, Chairman
Indian River County
Approved Date
Administration
Budget
je? U
Legal
Risk Management
Public Works
OV �9 cv
�)
Traffic Engineering
FM No: 407455-3-74-01
F.A. No: N/A
Fund Code: DS
Contract No:
Vendor No: VF596 000 674 056
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this day of ,2000, by and between the State
of Florida Department pf 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 repairs to Federal Highway Administration (FHWA) functionally classified county road(s) damaged
by Hurricane Irene. These repairs are located within Indian River County and are hereinafter referred to as
the PROJECT; and,
WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads
in accordance with the Executive Order 99-258, dated October 14,1999 and President Clinton's subsequent
Disaster Declaration, dated October 20, 1999, under the Robert T. Stafford Disaster and Emergency Act,
to provide for the reimbursement of FHWA eligible costs only for State FM No. 407455-3-74-01. All
FHWA Non -Participating costs shall be borne solely by the COUNTY; and,
WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by
Hurricane Irene 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 COUNTY by resolution 2000-045 , 1669 , a copy of which is attached hereto
and made a part hereof, authorizes the COUNTY 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 COUNTY shall provide all design services necessary for completion of the PROJECT.
3. The COUNTY shall obtain any permits necessary to complete the PROJECT.
4.
The COUNTY shall be responsible for assuring that the PROJECT complies with all Federal
Highway Administration (FHWA) and DEPARTMENT standards.
5. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant
to the COUNTY'S design and construction activities. Prior to construction, the Department shall
approve plans. which reflect the restoration work replaces the pre -storm conditions except as
approved in the FHWA Detailed Damage Inspection Report for betterment. The COUNTY will be
responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY'S
behalf, and the COUNTY shall revise them as necessary to reflect 'as -built' conditions upon
completion of construction. Project plans that have been modified to reflect `as built' conditions
shall be provided to the Department.
6. The DEPARTMENT agrees to reimburse the COUNTY only for FHWA eligible costs associated
with construction and construction engineering and inspection of the aforementioned improvements
as stated in FHWA Detailed Damage Inspection Report, a copy of which is attached hereto and made
a part hereof. All other costs are to be borne by the COUNTY.
7. 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. Invoice(s) shall be
submitted to the State of Florida, Department of Transportation, at 3400 West Commercial
Boulevard, Fort Lauderdale, Florida 33309. Attention: Cleo Marsh, P.E., District Maintenance
Engineer.
g. 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
DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors.
9.. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the
DEPARTMENT until the PROJECT is completed and appropriate reimbursements are made.
2
10. The DEPARTMENT shall make payment to "Indian River County Board of County
Commissioners" and forward to Attention: Chris Mora, Traffic Engineering Division, 1840 25th
Street, Vero Beach, Florida 32960-3365.
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 contacts
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.
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 all 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, papers, 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 sub -consultants 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 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 negligent or intentional act and/or occurrence,
omission, or cornmimion 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, request 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 measured 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 County requests payment. Invoices which have to be returned to the COUNTY because
of invoice preparations errors will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided 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 for the COUNTY in the event that the
COUNTY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT.
The Vendor Ombudsman may be contacted at (850) 410-9724 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 understanding applicable to the matters contained herein, and the parties agree
that there are no commitments, AGREEMENTS or understanding 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
4
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.
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
215.422(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 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 36 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.
22. The DEPARTMENT will consider the employment by any contractor of unauthorized alians a
violation of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly
employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this
agreement.
23. 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:
District Four
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309
Attn: Ms. Teresa Martin, Contractual Services Coordinator
With a copy to: Mr. Cleo Marsh, P.E. FDOT District Maintenance Engineer
A second copy to: District General Counsel
If to the COUNTY:
Indian River County
Traffic Engineering Division
1840 25th Street
Vero Beach, Florida 32960-3365
Attn: Mr. Chris Mora, P.E., County Project Manager
With a copy to: County Attorney
6
40
IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed
in its behalf this 18th day of April , 2000, by the Board of County Commissioners, and
the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for
District Four, Florida Department of Transportation, this day of , 2000. The
effective date of this AGREEMENT shall be the date the last party to this Agreement has signed.
BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
BY: I B BY:
CHAIRPERSON
Fran B. Adams
ATTEST:
APPROVED:
BY:
COUNTY ATTORNEY
oil
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY (SEAL)
DATE OF EXECUTION
APPROVED:
DIRECTOR OF ADMINISTRATION
APPROVED: (AS TO FORM)
7
DISTRICT LEGAL COUNSEL
Detailed Damar/s Inspection Report
��# (Title 231 Fe.:ral-Aid Highways) SMSET
., OF
Ihp1l.+m
CATION (NAME OF ROAD AND MILEPOST) DISASTLR Nunle[R
V I�R.O.�'� -t. 13 T R-,•, C t '(I J•-1 j INSPECTION AT[ 1: _
11 0 'S -1 �......._
ESCRIPTION OF DAMAGE (ATTACH SKETCH) F[o[RALAIo ROUTE NuMeeR
I
� 0. n r F I (-7 1 �.. n1 � � D A M A (�• t. ra �% t, —. _ ...
ICouNr/
TJ %A%3P-9lLN,aG —i <= i ZnIp,A..J IvC
DESCRIPTION OF WORK UNIT _ COST - -
CON/PA/ENr. LAVORANO PLn17En1AL5 QTY PIUCL•' •• •COMPLETED REMAINING_
n F �#•S��1G z J- ---- --------f ---...... _
Loaa iEfl6A F A 1`1
-T f- J- ASS`
I
1 - - != ( ---- - —
LwaT O,IrILA £.AA 1 �- P...a..�- - -_ _ t2 �_��-7 0 0----- -- —._._
METHOD O LOCAL FORCES O STATE FORCES o EMERGENCY CONTRACT SUBTOTAL I .7.O'
EMERGENCY REPAIR TOTAL '. O
IMETHOD O LOCAL FORCES O STATE FORCES C LOW BIO CONTRACT
ENVIRONMENTAL ASSESSMENT RECOMMENDATION
_ NOT R[Ou1RCo O MAJOR ACTOFI 0 NONMAJOR ACTION
R COMMENDATION - FHWA ENGINEER
EUCIeLE 0INELIGIBLE
CONCURRENCE - STATE ENGINEER
r
Wyes O NO
CONCURRENCE - LOCAL AGENCY REPRESENTA
Y-YEa O No
G:UISERSWFFICEWH 15 4 7-A.WPD
PERM. REPAIR TOTAL
PE/CE&I (25%)
RIGHT-OF-Y/AY
Auo 1