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HomeMy WebLinkAbout2008-326Florida Department of Transportation CHARLIE CRIST GOVERNOR Mr, Christopher R. Mora, P.E. Asst. Public Works Director Indian River County Public Works Department 1801 27th Street Vero Beach, FL 32960 3400 West Commercial Boulevard. Fort Lauderdale, FL 33309-3421, December 24, 2008 STEPHANIE C. KOPELOUSOS SECRETARY DEC 2 9 2008 RE: Advance Reimbursement Locally Funded Agreement, APD -87 FM Number. 228628-1-A8-01 Description: Milling & Resurfacing, Reconstruction, and Construction Engineering Inspection (CEI) Services of SR-60/Osceola Blvd. from West of 1-95 to West of 82nd Avenue/CR-609 Dear Mr. Mora: Enclosed please find a copy of a fully executed Memorandum of Agreement (MOA) for the above referenced project. Said documents are to be retained for your records. If you have any 777-2285, questions, please do not hesitate to contact me. I can be reached at (954) Sincerely, Professional Services Unit District Four lk/s enc: MOA copy: Scott Peterson, Project Manager File www. dot. state. fl .0 s Exhibit "E" MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this /&rµ , day of DEc5MiEz , 200 18 1 by and between the State of Florida, Department of Transportation, hereinafter referred to as "DEPARTMENT", the State of Florida, Department of Financial Services, Division of Treasury, and INDIAN RIVER COUNTY hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "DEPARTMENT" is currently constructing the following project: - Financial Project Number: 228628=1=52-01, 228628=1-6L D1, & 228628=1-62-01 County: INDIAN RIVER hereinafter referred to as the "Project". WHEREAS, the DEPARTMENT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated bereM\rjPr' 15. ZOo.0 ,wrherein the DEPARTMENT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DEPARTMENT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the DEPARTMENT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. The DEPARTMENT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein. 2. An initial deposit in the amount of FOURTEEN MILLION FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS ($14,429,754.00) will be made by the PARTICIPANT into an interest bearing escrow account established by the DEPARTMENT for the purposes of the Project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, and the Bureau of Collateral Management on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of the DEPARTMENT. 3. Other deposits will be made only by the PARTICIPANT as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. y `t 4. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the DEPARTMENT'S District Four Office, The District Four Office will then forward the check, along with required documentation to the DEPARTMENT'S Central Office for appropriate processing at the following address. Florida Department of Transportation Office of Comptroller General Accounting Office, LFA Section 605 Suwannee Street, Mail Station #42111 Tallahassee, Florida 32399 5. The DEPARTMENT'S Comptroller or designee shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 7. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 8. The Department of Financial Services further agrees to provide periodic reports to the DEPARTMENT. l STATE F FLORIDA STATE OF FLO A DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY AC �n FORM .. __•. -- DEPUTY COUNTY ATTORNEY BY: RIVER COUNTY PARTICIPANT SIG Wesley S. Davis, Chairman PARTICIPANT NAME & TITLE 1801 27TH Street Vero Beach, FL 32960 PARTICIPANT ADDRESS F=596-000-679 FEDERAL EMPLOYER I.D. NUMBER