HomeMy WebLinkAbout2006-144�,-�-a
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` Contract No.:_aOEJ-�l`- !
02006 - l iq
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EMERGENCY JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this 19`tn day of KcLu 200 , byand betweenthe State
of Florida Department of Transportation hereinafter called the DEPARTENT, and INDIAN RIVER COUNTY,
State of Florida, located at 1840 25TH STREET, VERO BEACH, FLORIDA 32960, hereinafter called the
COUNTY.
WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY provide debris
removal and sign repairs along Federal Highway Administration (FHWA) functionally classified road(s)
damaged by Hurricane Wilma, as necessary. These hurricane emergency relief efforts are located within
Indian River County and are hereinafter referred to as the Project. Refer to Exhibit "A" of this AGREEMENT
for a detailed Scope of Services; and,
WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in
accordance with the Executive Order 05-219, dated October 19, 2005 for Hurricane Wilma, under the
RobertT. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs
for Financial ProjectNumber(s): 420527-1-D8-01; 42 0 52 7-1-E8-01 listed in Exhibit "B" annexed hereto
and made a part hereof. All FHWA non -participating costs shall be borne by the COUNTY; and,
WHEREAS, the repairs of these FHWA functionally classified Federal -aid road(s) damaged by Hurricane
Wilma 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 No. 2006-058
adopted on May 2 ,2006,a
copy ofwhich
is attached hereto and made
a part hereof, authorizes the
proper officials 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 be.responsible for assuring that the Project complies with all Federal Highway
Administration (FHWA) and DEPARTMENT standards.
3. The DEPARTMENT agrees to reimburse the COUNTY only for eligible costs associated with
hurricane emergency relief efforts & associated CEI services of the aforementioned improvements as
stated in the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto and
made apart hereof as Exhibit "B". All other costs are to be borne by the COUNTY.
For satisfactory completion of all services on or before April 21, 2006, time being of the essence, and
as described in the attached Detailed Damage Inspection Report (DDIR), the DEPARTMENTwill pay
the COUNTY funds received from FHWA a total amount not to exceed TWO HUNDRED THIRTY
THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($233,900.00).
4. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the
COUNTY. 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 per -
Page 1
audit and post -audit thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation
at 3400 W. Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn: William Wang
The COUNTY shall comply with the Federal and State Audit provisions set forth in Exhibit "D" which
is attached hereto and made part of this Agreement.
5. The 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.
6. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT
until June 30, 2007. All invoices and supporting documentation must be received by this date.
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into
any contracts which by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during the fiscal year. Any contract, verbal orwritten, 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 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.
8. 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 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 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 records of the Contractor and
subcontractors considered necessary by the DEPARTMENT for the proper audit of costs.
9. The DEPARTMENT may cancel this Agreement for refusal of the COUNTY to allow public access to
all documents, papers, letters, of 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 forfailure to comply
with this provisions.
10. 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.
11. 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, employees, contractors, subcontractors and/or consultants
arising out of this contract or the work which is the subject hereof. In addition, with respect to any of
the COUNTY'S agents, consultants, contractors, and/or sub -contractors, such party in any contract
for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all
claims, demands, liabilities, and suites of any nature arising out of, because of or due to any
intentional and/or negligent act or occurrence, omission or commission of such agents, consultants,
contractors, and/or sub -contractors. The COUNTY shall provide to the DEPARTMENT written
evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and
Page 2
agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
12. The Agreement is governed by and construed in accordance with the laws of the State of Florida.
13. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor
rights in the 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
Financial Services. 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 with 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 been returned to the COUNTY because
of invoice preparations errors will result in delay in the payment. The invoice payment requirements
do no start until a properly completed invoice is provided the DEPARTMENT.
Vendor Ombudsman has been established with the DEPARTMENT of Financial Services. 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 Department of Financial Services
Hotline 1-800-848-3792.
17. 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 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 written document executed with the same
formality and of equal dignity herewith.
18. The DEPARTMENT agrees to pay the COUNTYforthe services herein described at 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 Department of Financial Services 215.422
(14), Florida Statute, or by the Department's Comptroller under section 334.044(29), Florida Statutes.
19. 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 a bid on a contract with a public entityfor the construction or repair of a public building
or public work, may not submit bids on leases or real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or a 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.
20. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida
Legislature.
21. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the participant knowingly employees
unauthorized aliens, such violation shall be cause for unilateral cancellations of this agreement.
Page 3
22. 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:
If to the COUNTY:
Florida Department of Transportation - District Four
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: William Wang
A second copy to: District General Counsel
Indian River County
Engineering Department
184025 tStreet
Vero Beach, Florida 32960
With
a
copy to:
Mr. Jim
Davis, P.E.
With
a
second
copy to:
Attorney
t".J' €,,
IN WITNESS WHEREOF, this
Agreement is to be executed by the
parties below for the purposes
specified
herein. Authorization has been
given to enter into and execute this
Agreement by Resolution No.
2006-058
hereto attached.
INDIAN RIVER COUNTY, by and through
its Board of County Commissioners
BY:� � �')Cll I ,� AN�
NAME: Arthur R. Neuber er
TITLE: Chairman
BCC Approved: May,;_?, 2006
ATTEST: AIX.- ,BARTON
"V1 u
APPROVED:
BY: t-i2C
COU TY ATTO NEY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTAT of FLp9�o
BY:
ROSIELYN U
DIRECTO OF
APPROVED: (AS TO FORM)
BY:
/ "
DIST
Y.GEN
RAL
COUN
APPROVED:
BY: N%2az2o, y -GQ -Q..
PROFESSIONAL SERVICES ADMINISTRATOR
Page 4
EXHIBIT A
SCOPE OF SERVICES
As a result of Hurricane Wilma, the COUNTY will perform "Emergency' work described in the signed Detailed
Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during
Hurricane Wilma. The DEPARTMENT will seek the maximum amount of FHWA funding available for
reimbursement to the COUNTY.
The COUNTY will be responsible for verification of eligibility and costs and will submit the supporting
documentation directly to the DEPARTMENT for review and approval. All work is subject to meeting eligibility
criteria. It is the responsibility of the COUNTY performing the work to provide the documentation necessary
to the DEPARTMENT to justify the eligibility of items of work and the actual costs incurred for the emergency
work described in the DDIR's. The COUNTY will submit with each invoice and supporting documentation
package certification of work completed and costs incurred. Exhibit "C" of this agreement will be used as the
certification document. This document must be filled out completely and notarized.
The COUNTY shall submit for payment with supporting documentation described above no more than ninety
(90) days after work is completed or from the execution date of this JPA.
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Exhibit C
CERTIFICATION AS TO ACCURACY OF PAYMENT
The undersigned
on behalf of and as a duly authorized representative
of, , (hereinafter referred to as the "Agency") hereby certifies,
to the best of Agency's knowledge, information and belief, to the Florida Department of Transportation
(hereinafter referred to as the "Department") as follows:
1. That the Invoice/Reimbursement Request package for Joint Participation Agreement Number
Financial Project Number(s)
(hereinafter referred to as
the "Invoice") is in compliance with the Agreement, FHWA ER Manual or other acceptable plan as
developed by the Agency; and
2. That the Invoice is true and correct as determined by the Agency's reasonable and
independent investigation, measurements and verification of work performed; and
3. That the Agency hereby recommends that the Department make payment based on the
attached Invoice and supporting documentation; and
4. That the Agency hereby agrees to indemnify and hold the Florida Department of
Transportation, its officers and employees harmless from all liabilities, damages, costs, and attorney
fees incurred and paid as a result of the negligence, recklessness, or intentional wrongful misconduct of
the Agency and persons employed or utilized by the Agency in the preparation and/or audit of the
Invoice, supporting documentation, and execution of the work as outlined in the Scope of Services.
The Department also reserves the right to recover from the Agency any increased costs, delays or
other damages to the Department due to errors and/or omissions under applicable Florida Statutes
(334.044(2); 334.048.20.23(3)(a) and 337.015).
5. Monetary Amount Submitted
State of Florida
County of
Sworn to and subscribed before me this day of
, by
(Print name of the person signing the Certification)
Notary Public
Commission Expires
Personally Known OR Produced Identification_
Type of Identification Produced
A false statement or omission made in
connection with this certification is sufficient
cause for suspension, revocation or denial of
payment, and may subject the person and/or
entity making false statement to any or all civil
and criminal penalties available pursuant to
applicable Federal and State Law.
Authorized Agency Official
0
EXHIBIT "D"
FEDERALLY FUNDED CONTRACTS
The administration of resources awarded by the Department to INDIAN RIVER COUNTY may be
subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to
comply and cooperate fully with any monitoring procedures/ processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to INDIAN RIVER COUNTY regarding such audit. INDIAN RIVER COUNTY further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal
year, the recipient must have a single or program -specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates
Federal resources awarded through the Department by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department. The determination of
amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet
the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. However, if the recipient elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA)
title and number, award number and year, and name of the awarding federal agency.
PART II: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FDOT, the Department of Financial Services, and the Auditor
General. This section does not limit the authority of the Department to conduct or arrange
for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by PART I of this agreement shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`" Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not required
to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular
A-133, as revised, the recipient shall submit the required written notification pursuant to
Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly to each of the following:
Florida Department of Transportation,
3400 W. Commercial Blvd,
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
3. Copies of financial reporting packages required by PART II of this agreement shalt be
submitted by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of at least five years from the date the audit report is issued,
and shall allow the Department, or its designee, CFO, or Auditor General access to such
records upon request. The recipient shall ensure that audit working papers are made
available to the Department, or its designee, CFO, or Auditor General upon request for a
period of at least five years from the date the audit report is issued, unless extended in
writing by the Department.
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Federal Program: (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING Et CONSTRUCTION
20.205) - TWO HUNDRED THIRTY THREE THOUSAND NINE HUNDRED DOLLARS ($233,900.00)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. See attached Exhibit "A", Scope of Services
2. a) Most projects are administered by or through State Transportation Departments or
Federal agencies.
b) Territorial highway projects are funded in the same manner as other Federal -aid
highway projects, with territorial transportation agency functioning as the State
Transportation Agency. Eligible activities and allowable costs will be determined in
accordance with Title 23 and the OMB cost principles applicable to the recipient/sub-
recipient.
c) The Emergency Relief (ER) program is intended to aid State in repairing road facilities
which have suffered widespread serious damage resulting from a natural disaster over a
wide area or serious damage from a catastrophic failure.
The job F1989RPR; user LD
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d, 05/15/2006 02:35 PM
To PF415LK@dot.state.fl.us
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Subject FUNDS APPROVAL/REVIEWED FOR CONTRACT AOE44
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AOE44 Contract Type: AK Method of Procurement: G
Vendor Name: INDIAN RIVER
Vendor ID: VF596000679001
Beginning date of this Agmt: 05/17/06
Ending date of this Agmt: 06/30/07
Description:
EMERGENCY JPA - WILMA
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT +FCT +
CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
Action: ORIGINAL Funds have been: APPROVED
55 044020489 *WH *242000 * 133900.00 *4205271D801 *704 *20.205
2006 *55150200 *089958/06
0001 *00 * *0001/04
_____________________________________________________________________
Action: ORIGINAL Funds have been: APPROVED
55 044020489 *WH *242000 * 100000.00 *4205271E801 *708 *20.205
2006 *55150200 *089958/06
0001 *01 * *0002/04
____________________________________________________________________
TOTAL AMOUNT: *$ 233,900.00 *
________________
____________________
______________________
__________
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/15/2006
RESOLUTION NO. 2006- 058
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, APPROVING A FLORIDA DEPARTMENT OF
TRANSPORTATION EMERGENCY JOINT PARTICIPATION AGREEMENT
FOR FUNDING OF DEBRIS REMOVAL AND SIGN REPAIRS ALONG
FEDERAL HIGHWAY ADMINISTRATION FUNCTIONALLY CLASSIFIED
COUNTY ROADS IN INDIAN RIVER COUNTY DAMAGED BY HURRICANE
WILMA.
WHEREAS, the Board of County Commissioners (County) and the Florida Department
of Transportation (FDOT) are desirous of having the County provide debris removal and sign
repairs to the Federal Highway Administration functionally classified county roads damaged by
Hurricane Wilma, pursuant to the terms of the Joint Participation Agreement (JPA) between
FDOT and the County, prepared by FDOT, and approved by County staff; and
WHEREAS, FDOT requires that the Board of County Commissioners adopt a resolution
approving the JPA and authorizing the execution of the JPA by the proper officials of the
County.
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 approves the JPA between the Board of
County Commissioners of Indian River County, Florida and FDOT in the form attached to this
Resolution as Exhibit "A" and authorizes the Chairman to execute such JPA.
The foregoing resolution was offered by Commissioner Davis and
seconded by Commissioner Lowther and, upon being put to a vote, the vote was
as follows:
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Ave
Commissioner Wesley S. Davis AVP
Commissioner Thomas S. Lowther Ave
Commissioner Sandra L. Bowden Aye
The Chairman thereupon declared this Resolution duly passed and adopted this 2nd
day of May 2006.
`"'"INDIAN RIVER COUNTY
Attest: Barton, Cler ' •'' " BOARD OF COUNTY C MMISSIONERS
By -^o n B':
Deputy Clerk Arthur R. Neu er, Chair
Approve as to for nd le I uffi ncy:
By
William K. DeBraal
Assistant County Attorney
r r=.
Florida D'II I Transportation
JEB BUSH PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT 4 DENVER J. STUTLER, JR.
GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 SECRETARY
Telephone: (954) 777-4603 Fax: (954) 777-4602
May 20, 2006a `
Mr. Jim Davis, P.E. MAY 2 4
2006 IBJ'
Director of Public Works
Indian River County
Public Works Department F�iLi�f +row r --Pr
1840 25`h Street
Vero Beach, FL 32960
RE: Emergency Joint Participation Agreement, AOE-44
FM Number: 420527-1-D8-01; 420527 -1 -ES -01
Description: Emergency Repairs Due to Hurricane Wilma in Indian River County
Dear Mr. Davis:
Enclosed please find a copy of a fully executed Emergency Joint Participation Agreement - with
original signatures - for the above referenced project. Also included are copies of Resolution
Number 2006-058 in which the JPA referenced above was approved. Said documents are to be
retained for your records.
If you have any questions, please do not hesitate to contact me. I can be reached at (954) 777-2285.
Sincerely,
Leos A. Kennedy, Jr.
Professional Services Unit
District Four
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copy: District Budget (2)
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William Wang, P.E., Project Manager �/ANR�
Mike DeRosa, Program Development Manager
Jamie Yaqub
File
www.dot.state.fl.us ® RECYCt D PAa R