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HomeMy WebLinkAboutFlorida Department of Transportation Joint Participation Agreement 2007PER THE COMMUNITY DEVELOPMENT DEPARTMENT-URBAN BEAUTIFICATION SERVICES DIVISION, NO ORIGINAL CAN BE FOUND FOR THIS AGREEMENT. FM#421855-1-58-01 Page 1 of 21 Original Draft: 1/25/2007 Revised: Financial Management No: Fund: DS Function: 215 FLAIR Approp: 088717 421855-1-58-O1 FLAIR Obj.: 563007 Agency: City of Winter Springs Contract Amount: $142,000.00 Org. Code: 55054010508 Contract No: qQ R S3 Vendor No.: F591026364005 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF WINTER SPRINGS This AGREEMENT, made and entered into this .~ day of Q p~+ s 1 , 2007, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, (hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), and is based on the following premises: WITNESSETH WHEREAS, the parties have been granted specific legislative authority to enter into this AGREEMENT pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT, by Resolution/Minutes, acopy of which is attached hereto as Exhibit "B" and made a part hereof, has authorized its officers to execute this AGREEMENT on its behalf; WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the project generally described as: Landscaping Improvements on State Road 434 between State Road 419 and Seminole County Cross Seminole Trail Bridge, in the DEPARTMENT'S Fiscal Year 2007/2008. Said project being known as, Financial Management Number 421855-1-58-O1, Seminole County, in an amount not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/100 Dollars), hereinafter referred to as, the "PROJECT"; FM#421855-1-58-01 Page 2 of 21 and Original Draft: 1/25/2007 Revised: WHEREAS, the PROJECT is not revenue producing and is contained in the Adopted Five Year Work Program; and WHEREAS, the implementation of the PROJECT is in the interest of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL GOVERNMENT to perform the services to complete the PROJECT; NOW THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this AGREEMENT, the parties agree as follows: 1. The term of this AGREEMENT shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT understands that construction of this PROJECT can not begin until after July 1, 2007, the funds have been authorized and the Notice to Proceed has been issued. Any work performed prior to July 1, 2007, the funds being authorized and the issuance ofthe Notice to Proceed is not subject to reimbursement. The LOCAL GOVERNMENT agrees to complete the PROJECT services on or before two years from the date of execution of this AGREEMENT. If the LOCAL GOVERNMENT does not complete the PROJECT services within this time period, an extension of time for the PROJECT services must be requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT. The term of this AGREEMENT shall continue in effect and be binding on the parties in perpetuity. The DEPARTMENT will review the need for maintenance of the Improvements on a five year basis and if it is determined by the DEPARTMENT that maintenance of the Improvements is no longer needed, the DEPARTMENT may unilaterally terminate the AGREEMENT. FM#421855-1-58-01 Page 3 of 21 Original Draft: 1/25/2007 Revised: 2. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the PROJECT. The Local Government shall assure that the design, construction, installation, and maintenance is consistent with and meets all criteria and limitations of Rule 14-40, Florida Administrative Code, Part III as it relates to Vegetation Management at Outdoor Advertising Signs. A detailed scope of the project is attached hereto as Exhibit "A". Six (6) copies of the Design Plans shall be provided to the DEPARTMENT'S Project Manager, at the address listed on Page 15. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final, corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The LOCAL GOVERNMENT shall provide a copy ofthe Final Bid documents to the DEPARTMENT. The expenditure of funds pursuant to this AGREEMENT shall comply with the terms of §334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase large plant materials (large plant materials have been defined by the Florida Department of Transportation to be five (5) gallon or larger containers as defined by the Florida Department of Agriculture's "Grades and Standards for Nursery Plants")with the remaining funds for other plant materials. All of the plant materials purchased shall be purchased from Florida-Based Nurseryman stock on a uniform competitive bid basis. 3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT, all costs and expenses thereof shall not be subject to reimbursement. The reimbursement from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is FM#421855-1-58-O1 Page 4 of 21 Original Draft: 1/25/2007 Revised: conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT' S contractor, in a manner consistent with the PROJECT construction plans. 4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive progress payments as specified in Exhibit "C", or may receive a lump sum payment upon completion and acceptance by the DEPARTMENT for all services required under this AGREEMENT, not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/100 Dollars) for actual costs incurred. 5. Reimbursement to the LOCAL GOVERNMENT is conditioned on the following: A. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof; and B. That the LOCAL GOVERNMENT has completed, and the DEPARTMENT has accepted, the portion of services being requested during the billing period; and C. Within 30 days after completion of the work authorized by this Joint Participation Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Registered Landscape Architect, this notification shall contain a Landscape Architect's Certification of Substantial Compliance, signed and sealed by a Registered Landscape Architect, Exhibit "D". The certification shall state that work has been completed in substantial compliance with the PROJECT construction plans and specifications. Ifany deviations are found from the approved plans, the certification shall include a FM#421855-1-58-O1 Original Draft: 1/25/2007 Page 5 of 21 Revised: list of all deviations along with an explanation that justifies the reason to accept each deviation. 6. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services, unless the AGREEMENT specifies otherwise. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (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 payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the participant. Interest penalties of less than one dollar ($1.00) will not be enforced unless the participant requests payment. Invoices, which have to be returned to a Participant because of participant 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 Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services Hotline at 1-800-848-3792 or by calling 1-850-410- 9724. 7. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the AGREEMENT may request and shall, in a reasonable time thereafter, be granted a conference with the other party. FM#421855-1-58-01 Page 6 of 21 Original Draft: 1/25/2007 Revised: 8. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as the landscaping is needed to be removed from the Right of Way, the LOCAL GOVERNMENT shall, at all times, maintain the PROJECT in a reasonable manner and with due care in accordance with all applicable DEPARTMENT guidelines, standards and procedures (Project Standards) and as herein below specified. a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping installed on the project as specified in the Landscape Plan(s). Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed by the PROJECT in accordance with the Landscape Maintenance Plan(s). Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time. The LOCAL GOVERNMENT'S responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14.40.003(5), as it may be amended from time to time. The maintenance functions to be performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. c.) All landscape installation and maintenance activities undertaken by the LOCAL GOVERNMENT shall be in accordance with the Maintenance of Traffic Plan(s). FM#421855-1-58-01 Page 7 of 21 Original Draft: 1/25/2007 Revised: d.) If at any time after the LOCAL GOVERNMENT has assumed the landscaping installation or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that the PROJECT, as will be designed by the LOCAL GOVERNMENT, or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof. Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may terminate the AGREEMENT, in which case the LOCAL GOVERNMENT shall at its own expense and within sixty (60) calendar days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the Right-of--Way to its original condition. The LOCAL GOVERNMENT will own such materials it removes and the DEPARTMENT shall own any materials remaining. When the DEPARTMENT determines that it is reasonably necessary, the DEPARTMENT may remove, relocate or adjust the landscaping materials. e.) Prior to commencing the work described herein, the LOCAL GOVERNMENT shall request and be issued a Notice to Proceed from the DEPARTMENT'S Local Maintenance Engineer at (386) 740-3401. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. FM#421855-1-58-01 Page 8 of 21 Original Draft: 1/25/2007 Revised: f.) This AGREEMENT supersedes the normal requirements of separate DEPARTMENT permits for Right of Way utilization and this AGREEMENT is deemed to constitute such a permit. 9. In the event this AGREEMENT is in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 a period exceeding one (1) year, but any contract so made shal I 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 $25,000.00 and which have a term for a period of more than one (1) year." In addition, in accordance with Florida Law, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the PROJECT, this AGREEMENT may be terminated, which shall be effective upon either party giving notice to the other to that effect. FM#421855-1-58-O1 Page 9 of 21 Original Draft: 1/25/2007 Revised: 10. 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 five (5) 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 LOCAL GOVERNMENT'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 a proper audit of costs. 11. Audits: The administration of resources awarded by the DEPARTMENT to the LOCAL GOVERNMENT 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, Florida Statutes, 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 the Local Government regarding such audit. The Local Government 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: FM#421855-1-58-01 Original Draft: 1/25/2007 Page 10 of 21 Revised: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-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: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organiza.tions), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. FM#421855-1-58-01 Page 11 of 21 Original Draft: 1/25/2007 Revised: 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: 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 IV: 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 Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-549 Deland, Florida 32720 FM#421855-1-58-O1 Page 12 of 21 Original Draft: 1/25/2007 Revised: 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~h Street Jeffersonville,lN 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 Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-549 Deland, Florida 32720 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 Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-549 Deland, Florida 32720 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: FM#421855-1-58-O1 Page 13 of 21 A. The Department at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-549 Deland, Florida 32720 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 Original Draft: 1/25/2007 Revised: 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 Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-549 Deland, Florida 32720 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 V: 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 shalt 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 FM#421855-1-58-01 Page 14 of 21 Original Draft: 1/25/2007 Revised: for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 12. After written notice and a reasonable opportunity to cure, either party may unilaterally cancel this AGREEMENT for refusal by the other party 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 by such party in conjunction with this AGREEMENT. 13. This AGREEMENT constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all proper negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings 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. 14. This AGREEMENT shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. 15. This AGREEMENT shall continue in effect and be binding on the parties until the PROJECT is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the PROJECT, in whole or in part, if the DEPARTMENT determines that such action is in the best interest of the public. FM#421855-1-58-01 Page 15 of 21 Original Draft: 1/25/2007 Revised: 16. All notices required pursuant to the terms hereof shall be sent by first class United States Mail. Unless prior written notification of an alternate mailing address is sent, all notices shalt be sent to the following addresses: Florida Department of Transportation Holly Lopenski Christine Webb Special Projects/MS 4-549 Project Manager/MS 510 719 South Woodland Boulevard 719 South Woodland Boulevard Deland, Florida 32720-6834 Deland, Florida 32720-6834 PH: (386) 943-5520 PH: (386) 943-5298 holl .lo enski dot.state.fl.us christine.webb dot.state.fl.us The City of Winter Shrines Steven T. Richart 1126 East State Road 434 Winter Springs, Florida 32708 (407) 327-5976 srichart ,wintersprin , sg fl_org 17. PUBLIC ENTITY CRIME INFORMATION STATEMENT: 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. FM#421855-1-58-01 Page 16 of 21 Original Draft: 1/25/2007 Revised: IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this AGREEMENT this f day of t 2007, and the DEPARTMENT has executed this AGREEMENT this 3 a~ day of ~D~s~i ( , 2007. THE CITY OF WINTER SPRINGS Y' Name: Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: G or .Lovett Title: Director of Transportation Development Att By Na: Tit: Legal Re ' City Counsel Attest: Y-? Ex tive S etary (SEAL) Legal Review: District Counsel Financial Provision Approved on: I'-ZZ-07 FM#421855-1-58-01 Page 17 of 21 Original Drag: 1/25/2007 Revised: EXHIBIT "A" SCOPE OF WORK Financial Management Number 421855-1-58-01 The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed landscaping improvements along State Road 434 in Seminole County, between State Road 419 and Seminole County Cross Seminole Trail Bridge (spans section number 77070002 milepost 0.000 to mile post 2.020 and section number 77070003 milepost 0.000 to milepost 0.316) and have construction inspection done. The Florida Department of Transportation shall review such plans and shall perform such inspections as may be required by the Department of Transportation. Maintenance responsibilities for the landscaping improvements are as specified in the AGREEMENT. FM#421855-1-58-01 Page 18 of 21 Original Draft: 1/25/2007 Revised: EXHIBIT "B" RESOLUTION/MINUTES Financial Management Number: 421.855-1-58-01 RESOLUTION NUMBER 2007-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of--way areas must be maintained and attractively landscaped: and WHEREAS, the Mayor and City Commission desire that the City of Winter Springs beautify and maintain various medians and rights-of--way areas within the City of Winter Springs by landscaping to a higher standard. than provided by FDOT; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to enter into a Joint Participation Agreement for landscape improvements on State Road 434, between State Road 419 and Seminole County Cross Seminole Trail Bridge, between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I -The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Joint Participation Agreement between the City of Winter Springs and the State of Florida Department of Transportation in a form acceptable to the City Commission. SECTION II -The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Commission. SECTION III -This Resolution shall take effect immediately upon its passage and approval. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting assembled on the 9`t' day of April, 2007. /~~~_ JO F. BUSH, Mayor ATTEST: LORENZO-LUACES, City Clerk City of Winter Springs, Florida Resolution Number 2007-16 Page 2 of 2 FM#421855-1-58-O1 Page 19 of 21 EXHIBIT ~~C" Method of Compensation 1.0 PURPOSE Original Draft: 1/25/2007 Revised: This exhibit defines the method and limits of compensation to be made to the LOCAL GOVERNMENT for the services described in Exhibit "A" (Scope of Work) and method by which payments will be made. 2.0 COMPENSATION For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this AGREEMENT, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/100 Dollars) for actual costs incurred. The LOCAL GOVERNMENT may receive a progress payment at the time the plant materials have been purchased, to the satisfaction of the DEPARTMENT when properly supported by invoices or other acceptable evidence of payment. The remaining balance will be due upon the completion and approval of the PROJECT services. Or, the LOCAL GOVERNMENT may receive one lump sum payment upon completion and acceptance by the DEPARTMENT of all services required under this AGREEMENT. FM#421855-1-58-01 Page 20 of 21 Original Draft: 1/25/2007 Revised: Exhibit "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and The Citv of Winter Springs PROJECT DESCRIPTION: Landscanine Improvements on State Road 434 between State Road 419 and Seminole County Cross Seminole Trail Bridge FINANCIAL MANAGEMENT ID#: 421855-1-58-01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this AGREEMENT is complete as of .200 LOCAL GOVERNMENT' By: Name: Title: LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Registered Landscape Architect has been completed in substantial compliance with the PROJECT construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations along with an explanation that justifies the reason to accept each deviation will be attached to this Certification. SEAL: By: Name: Date: FM#421855-1-58-O1 Page 21 of 21 EXHIBIT - 1 Original Draft: 1/25/2007 Revised: FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - (amount) COMPLIANCE REQUIItEMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e. 2. Second applicabl~_conce ~quiir 3. of the STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Pro rg am (list Federal a~encv, Catalog ofFederal Domestic Assistance title and number) - $ amount SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) be used for). COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: