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HomeMy WebLinkAbout2004 08 09 Consent 201 " COMMISSION AGENDA ITEM 201 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR August 9, 2004 Meeting MGR /2w- /DEPT J~ Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Joint Participation Agreement Between the Florida Department of Transportation and the City of Winter Springs for the Moss Road Turn Lane on S.R. 419. PURPOSE: The purpose of this Board item is to request Authorization to enter into a Joint Participation Agreement Between the FDOT and the City of Winter Springs for reimbursement of $100,000 for the Moss Road Turn Lane on S.R.419 from FDOT. CONSIDERATIONS: This agreement is needed for the City to recoup a portion the construction costs from FDOT for the installation of the left turn lane onto Moss Road from S.R. 419. The authorization for bid award is a separate agenda item. FDOT approved the permits for construction last year but did not have the funds available to construct the turn lane until the State's 2004/2005 Fiscal Year which began July 1st. Expenditures prior to execution of the JP A are not authorized for reimbursement. Through the JP A the FDOT has agreed to reimburse the City from Funds they have available for safety improvements. The total ~onstru~tioncQst~ are projected to be $275,000 of which the City share will be $175,000 and FDOT $100,000. FUNDING: The JPA will reimburse the City $100,000 for the Moss Road Turn Lane. August 9, 2004 Consent Agenda Item 201 Page 2 RECOMMENDATION: It is recommended that authorization be granted to enter into a Joint Participation Agreement Between the FDOT and the City of Winter Springs for reimbursement of $100,000 for the left turn lane on S.R> 419 onto Moss Road. IMPLEMENTA TION SCHEDULE: The FDOT will be invoiced as stipulated in the JPA in approximately February of2005. ATTACHMENTS: 1. Joint Participation Agreement COMMISSION ACTION: Attachment No.1 Financial Management No.: Fund: DS Function: FLAIR Approp: 416402-1-58-01 FLAIR Obj.: Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55 Contract No: Vendor No.: F591026364 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 , 2004, 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 of the State of Florida (hereinafter referred to as the LOCAL GOVERNMENT), 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, a copy 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 described as: Construction of Westbound Left Turn Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 2004/2005, said project being known as FM#416402-1-58-01, Lump Sum Amount $100,000.00 (One Hundred Thousand and No/100 Dollars), hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Transportation Plan; and WHEREAS, the implementation of the PROJECT IS 10 the interests of both the DEP ARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed before the execution of this Agreement will not be reimbursed by the DEPARTMENT. 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 LOCAL GOVERNMENT will undertake the construction of the westbound left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the corridor and the inclusion of this turn lane is beneficial to improve the operational and safety characteristics of this intersection. Prior to commencing any work within DEPARTMENT Right-of-Way, the LOCAL GOVERNMENT shall have executed a permit with the DEPARTMENT that allows the LOCAL GOVERNMENT to perform work within DEPARTMENT Right-of-Way. All work within DEPARTMENT Right-of-Way shall be completed in accordance with the terms and conditions of said permit. 2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes subject to legislative approval and appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND NOIlOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual direct construction costs of the PROJECT. 3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor as required for construction of the PROJECT. 4. The LOCAL GOVERNMENT shall hire a contractor USlllg the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 5. The LOCAL GOVERNMENT shall hire a professional engllleenng consultant to perform the CEI work for the PROJECT, which CEI work shall be deemed to be part of the PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement is performed to meet all DEPARTMENT standards. 6. Payment herein is conditioned on the following: (A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans; (B) 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 Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. (C) The LOCAL GOVERNMENT shall provide documentation of the final construction costs and that the LOCAL GOVERNMENT has incurred the amount specified in paragraph two (2) for the construction performed under this agreement (0) Bills for fees or other compensation for services or expenses shall be submitted in detail (including the Notice of Completion, an Invoice Summary Sheet and supporting documentation to justify the charges) sufficient for a proper preaudit and postaudit thereof; (E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the full amount of the funds for this PROJECT within twenty-four (24) months from the date this Agreement was executed. 7. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. 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 a 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. Interest penalties ofless than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800-848-3792. 8. 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 be granted a conference. 9. All tracing, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a construction plans package in a format determined by the LOCAL GOVERNMENT that is suitable for reproduction. 10. In the event this Agreement is in excess of$25,000.00 (TWENTY FIVE THOUSAND AND NO/l 00 DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: "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 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 $25,000.00 and which have a term for a period of more than one year." 11. 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. 12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT.' All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after final billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, such verifications as to the amount and validity of all costs of the PROJECT. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. 13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 14. 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. 15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before March 1, 2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the PROJECT. 16. The Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement 18. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT Holly Lopenski IP A AssistantJMS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5520 holly .lopensk.i@dot.state.f1.us Mr. IerryWoods Project Manager/MS 562 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5311 jerry. woods@dot.state.fl.us LOCAL GOVERNMENT The City of Winter Springs Attn: Mr. Kipton Lockcuff 1126 East State Road 434 Winter Springs, Florida 32708 19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION 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. An entity or affiliate who has been placed on the discriminatory vendor list 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 WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 2004, and the DEPARTMENT has executed this Agreement this day of , 2004. CITY OF WINTER SPRINGS LOCAL GOVERNMENT STATE OF FLORIDA .DEPARTMENT OF TRANSPORTATION By: Name: Title: John F. Bush Mayor By: Name: George Gilhooley Title: Director of Operations Attest: Attest: (SEAL) Executive Secretary Approved as to Form, Legality And Execution: Legal Review: LOCAL GOVERNMENT Attorney Financial Provision Approval by Deparbnent of Comptroller on: EXHmIT "A" SCOPE OF WORK Financial Management Number 416402-1-58-01 The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State Road 419 at Moss Road in Seminole County 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. EXHIBIT "B" RESOLUTIONIMINUTES Financial Management Number: 416402-1-58-01 .~ . . Greg . Bishop .; .; :i ;~ From: Sent: To: Cc: holly .Iopenski@dotstate.fl.us Tuesday, June 15, 2004 9:08 AM Greg Bishop Kip Lockcuff; jerry.woods@dot.state.fl.us; terry.fleischner@dot.state.f1.us; Shirley. Matthews@dot.state.fl.us; daniel.mcclermott@dot.state.fl.us FM#416402-1-58-01 JPA with Winter Springs Subject: ~ ~ JPA4164021Winter Spgs.doc (86 K... Good Momi.ng, Greg, Attached please find a clean copy of the Joint Participation Agreement between the City of Winter Springs and the Department of Transportation for project FM#4t6402-1-58-01 for Construction of a Westbound Left Turn Lane on SR 419 at Moss Road. Please print out three (3) copies for original signatures and return to me at the address below. I will also need a copy of the Resolution or Minutes from the meeting in which the Agreement was approved. The Florida Department of Transportation Attn: Holly Lopenski, JPA Section, M.S. 4-522 719 South Woodland Boulevard DeLand, Florida 32720 After the JPA has been delivered to me with original signatures, I will have the Agreement signed by authorized FDOT staff, execute and commit funds. The funds are authorized for our Fiscal Year 2005 which begins July 1, 2004, and FDOT will execute the Agreement after that date I will return an original signed JPA to you. Thank you for all your help. If you have any questions, please feel free to contact me bye-mail or at 386/943-5520. (See attached file: JPA4164021WinterSpgs.doc) Holly Lopenski, JPA Section Florida Department of Transportation holly.lopenski@dot.state.fl.us 386/943-5520 SC 373-5520 1 ~~J~ 8/1(0 -l FM# 416402-1-58-01 Page 1 of 11 u..i"~ ~~ \\ ..)Ol l( Original Draft: 01/16/2004 Revised: 06/09/2004 Financial Management No.: Fund: DS Function: FLAIR Approp: 416402-1-58-01 FLAIR Obj.: Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55 Contract No: Vendor No.: F591026364 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 , 2004, 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 of the State of Florida (hereinafter referred to as the LOCAL GOVERNMENT), 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 ResolutionlMinutes, a copy 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 described as: Construction of Westbound Left Turn Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 2004/2005, said project being known as FM#416402-1-58-01, Lump Sum Amount $100,000.00 (One Hundred Thousand and No/lOO Dollars), hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway. System, is not revenue producing and is contained in the adopted Five Year Transportation Plan; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, FM# 416402-1-58-01 Page 2 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed before the execution of this Agreement will not be reimbursed by the DEPARTMENT. 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 LOCAL GOVERNMENT will undertake the construction of the westbound left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the corridor and the inclusion of this turn lane is beneficial to improve the operational and safety characteristics of this intersection. Prior to commencing any work within DEPARTMENT Right-of-Way, the LOCAL GOVERNMENT shall have executed a permit with the DEPARTMENT that allows the LOCAL GOVERNMENT to perform work within DEPARTMENT Right-of-Way. All work within DEPARTMENT Right-of-Way shall be completed in accordance with the terms and conditions of said permit. 2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes subject to legislative approval and appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND NO/lOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual direct construction costs of the PROJECT. 3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor as required for construction of the PROJECT. 4. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 5. The LOCAL GOVERNMENT shall hire a professional engineering consultant to perform the CEI work for the PROJECT, which CEI work shall be deemed to be part of the FM# 416402-1-58-01 Page 3 ofll Original Draft: OI/l6/2004 Revised: 06/09/2004 PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement is performed to meet all DEPARTMENT standards. 6. Payment herein is conditioned on the following: (A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans; (B) 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 Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. (C) Th~ LOCAL GOVERNMENT shall provide documentation of the final construction costs and that the LOCAL GOVERNMENT has incurred the amount specified in paragraph two (2) for the construction performed under this agreement (D) Bills for fees or other compensation for services or expenses shall be submitted in detail (including the Notice of Completion, an Invoice Summary Sheet and supporting documentation to justify the charges) sufficient for a proper preaudit and postaudit thereof; FM# 416402-1-58-01 Page 4 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 (E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the full amount of the funds for this PROJECT within twenty-four (24) months from the date this Agreement was executed. 7. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEP AR TMENT has twenty (20) working days to inspect and approve the goods and services. 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 a 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. Interest penalties of less than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800- 848-3792. 8. 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 be granted a conference. 9. All tracing, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a FM# 416402-1-58-01 Page 5 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 construction plans package in a format determined by the LOCAL GOVERNMENT that is suitable for reproduction. 10. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND AND NOI100 DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated as follows: "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 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 DEP ARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 11. 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. 12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after fmal billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, such verifications as to the amount and validity of all costs of the PROJECT. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. 13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other FM# 416402-1-58-0 I Page 6 of II Original Draft: 01/16/2004 Revised: 06/0912004 material subject to the prOVISIOns of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 14. 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. 15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before March 1,2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the PROJECT. 16. The Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement 18. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT FM# 416402-1-58-01 Page 7 of II Original Draft: 01/16/2004 Revised: 06/09/2004 Holly Lopenski JP A Assistant/MS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5520 holly .lopenski@dot.state.fl.us Mr. Jerry Woods Project ManagerlMS 562 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5311 jerry. woods@dot.state.fl.us LOCAL GOVERNMENT The City of Winter Springs Attn: Mr. Kipton Lockcuff 1126 East State Road 434 Winter Springs, Florida 32708 19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION 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 of36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list 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. FM# 416402-1-58-01 Page 8 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this li day of September , 2004,. and the DEPARTMENT has executed this Agreement this day of , 2004. CITY OF WINTER SPRINGS LOCAL GOVERNMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON By: ,4~ W. "n1 -c - Name: 11. IV ~ ",..0 w. fl-.c.1.. cr "'''If 4f} Title: c.. or "1 r"&" """A C.11 ta By: Name: George Gilhooley Title: Director of Operations Attest: Executive Secretary Legal Review: OCAL G~YERNMENT Attorney Financial Provision Approval by Department of Comptroller on: FM# 416402-1-58-01 Page 9 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "A" SCOPE OF WORK Financial Management Number 416402-1-58-01 The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State Road 419 at Moss Road in Seminole County 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. FM# 416402-1-58-01 Page 10 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "B" RESOLUTIONIMINUTES Financial Management Number: 416402-1-58-01 FM# 416402-1-58-0 I Page II of II Original Draft: 0 III 6/2004 Revised: 06/09/2004 . Exhibit "C" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DISCRIPTION: Construction of Westbound Left Turn Lane on SR 419 at Moss Road FINANCIAL MANAGEMENT ID# 416402-1-58-01 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 . 2004. CITY OF WINTER SPRINGS By: Name: Title: ENGINEER'S CERTIFICATION OF 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 Professional Engineer has been completed in 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: .P.E. Name: Date: . , FM# 416402-1-58-01 Page 1 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Financial Management No.: Fund: DS Function: FLAIR Approp: 416402-1-58-01 FLAIRObj.: Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55 Contract No: Vendor No.: F591026364 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 , 2004, 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 of the State of Florida (hereinafter referred to as the LOCAL GOVERNMENT), 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, a copy 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 described as: Construction of Westbound Left Turn Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 2004/2005, said project being known as FM#416402-1-58-01, Lump Sum Amount $100,000.00 (One Hundred Thousand and Noll 00 Dollars), hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Transportation Plan; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, FM# 416402-1-58-01 Page 2 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed before the execution of this Agreement will not be reimbursed by the DEPARTMENT. 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 LOCAL GOVERNMENT will undertake the construction of the westbound left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the corridor and the inclusion of this turn lane is beneficial to improve the operational and safety characteristics of this intersection. Prior to commencing any work within DEPARTMENT Right-of-Way, the LOCAL GOVERNMENT shall have executed a pennit with the DEPARTMENT that allows the LOCAL GOVERNMENT to perform work within DEPARTMENT Right-of-Way. All work within DEPARTMENT Right-of-Way shall be completed in accordance with the terms and conditions of said permit. 2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes subject to legislative approval and appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND NO/lOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual direct construction costs of the PROJECT. 3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor as required for construction of the PROJECT. 4. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 5. The LOCAL GOVERNMENT shall hire a professional engineering consultant to perform the CEl work for the PROJECT, which CEl work shall be deemed to be part of the FM# 416402-1-58-01 Page 3 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement is performed to meet all DEPARTMENT standards. 6. Payment herein is conditioned on the following: (A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans; (B) 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 Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. (C) The LOCAL GOVERNMENT shall provide documentation of the final construction costs and that the LOCAL GOVERNMENT has incurred the amount specified in paragraph two (2) for the construction performed . under this agreement (D) Bills for fees or other compensation for services or expenses shall be submitted in detail (including the Notice of Completion, an Invoice Summary Sheet and supporting documentation to justify the charges) sufficient for a proper preaudit and postaudit thereof; FM# 416402-1-58-01 Page 4 of 11 Original Draft: 01/16/2004 Revised: 06/0912004 (E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the full amount of the funds for this PROJECT within twenty-four (24) months from the date this Agreement was executed. . 7. Participants providing goods and services to the DEPARTMENT should be.aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. 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 a 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. Interest penalties of less than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT reqliests payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800- 848-3792. 8. 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 be granted a conference. 9. All tracing, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a FM# 416402-1-58-01 Page 5 of II Original Draft: 01/16/2004 Revised: 06/09/2004 construction plans package in a format determined by the LOCAL GOVERNMENT that is suitable for reproduction. 10. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND AND NOll 00 DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated as follows: "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 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 DEP ARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 11. 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. 12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after final billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, .such verifications as to the amount and validity of all costs of the . PROJECT. Any discrepancies revealed by any such audit shall be resolved by a corrected fmal billing from the LOCAL GOVERNMENT to the DEPARTMENT. 13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other FM# 416402-1-58-01 Page 6 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 material subject to the prOVlSlons of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 14. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, any subsequent litigation is complete and terminated, fmal costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before March 1, 2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the PROJECT. 16. The Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters. contain herein. 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. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement 18. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT FM# 416402-1-58-01 Page 7 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Holly Lopenski JPA Assistant/MS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5520 holly.lopenski@dot.state.t1.us Mr. Jerry Woods Project ManagerlMS 562 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5311 jerry. woods@dot.state.fl.us LOCAL GOVERNMENT The City of Winter Springs Attn: Mr. Kipton Lockcuff 1126 East State Road 434 Winter Springs, Florida 32708 19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION 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 of36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list 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. FM# 416402-1-58-0 I Page 8 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this ~ day of September , 2004, and the DEPARTMENT has executed this Agreement this day of ,2004. CITY OF WINTER SPRINGS LOCAL GOVERNMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON By: /?~M'Y}4~ b Name: I?fI "';f I. /.J 41. /'n' ~ ,-: NL vIII) 2tf.' ~~~;/~~~ (SEAL)~~ . I. . : APprove4as pml, Legality And Execu .. By: Name: George Gilhooley Title: Director of Operations Attest: Executive Secretary Legal Review: Fi1,1ancial Provision Approval by Department of Comptroller on: FM# 416402-1-58-01 Page 9 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "A" SCOPE OF WORK Financial Management Number 416402-1-58-01 The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State Road 419 at Moss Road in Seminole County 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. FM# 416402-1-58-01 Page 10 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "B" RESOLUTION~NUTES Financial Management Number: 416402-1-58-01 . . FM# 416402-1-58-01 Page II of II Original Draft: 01/16/2004 Revised: 06/09/2004 Exhibit "C" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DISCRIPTION: Construction of Westbound Left Turn Lane on SR 419 at Moss Road FINANCIAL MANAGEMENT ID# 416402-1-58-01 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 . 2004. CITY OF WINTER SPRINGS By: Name: Title: ENGINEER'S CERTIFICATION OF 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 Professional Engineer has been completed in 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: .P.E. Name: Date: FM# 416402-1-58-01 Page I of II Original Draft: 01/16/2004 Revised: 06/09/2004 Financial Management No.: Fund: DS Function: FLAIR Approp: 416402-1-58-01 FLAIR Obj.: Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55 Contract No: Vendor No.: F591026364 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 , 2004, 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 ofthe State of Florida (hereinafter referred to as the LOCAL GOVERNMENT), 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, a copy 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 UIidertake the project described as: Construction of Westbound Left Turn Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 200412005, said project being known as FM#416402-1-58-01, Lump Sum Amount $100,000.00 (One Hundred Thousand and No/lOO Dollars), hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Transportation Plan; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, FM# 416402-1-58-01 Page 2 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed before the execution of this Agreement will n9t be reimbursed by the DEPARTMENT. 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 LOCAL GOVERNMENT will undertake the construction of the westbound left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the corridor and the inclusion of this turn lane is beneficial to improve the operational and safety characteristics of this intersection. Prior to commencing any work within DEPARTMENT Right-of-Way, the LOCAL GOVERNMENT shall have executed a permit with the DEPARTMENT that allows the LOCAL GOVERNMENT to perform work within DEPARTMENT Right-of-Way. . All work within DEPARTMENT Right-of-Way shall be . completed in accordance with the terms and conditions of said permit. 2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes subject to legislative approval and appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND NOIlOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual direct construction costs of the PROJECT. 3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor as required for construction of the PROJECT. 4. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 5. The LOCAL GOVERNMENT shall hire a professional engineering consultant to perform the CEI work for the PROJECT, which CEI work shall be deemed to be part of the FM# 416402-1-58-0 I Page 3 of II Original Draft: 0l/16/2004 Revised: 06/09/2004 PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement is performed to meet all DEPARTMENT standards. 6. Payment herein is conditioned on the following: (A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans; (B) 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 Professional Engineer, this notification shall contain an Engineers Certification of Compliance,' signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. (C) The LOCAL GOVERNMENT shall provide documentation of the final construction costs and that the LOCAL GOVERNMENT has incurred the amount specified in paragraph two (2) for the construction performed under this agreement (D) Bills for fees or other compensation for services or expenses shall be submitted in detail (including the Notice of Completion, an Invoice Summary Sheet and supporting documentation to justify the charges) sufficient for a proper preaudit and postaudit thereof; FM# 416402-1-58-01 Page 4 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 (E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the full amount of the funds for this PROJECT within twenty-four (24) months from the date this Agreement was executed. 7. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. 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 a 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. Interest penalties of less than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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 V endor Ombudsm~n has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800- 848-3792. 8. 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. Ei~er party to the Agreement may request and be granted a conference. 9; All tracing, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a FM# 416402-1-58-01 Page 5 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 construction plans package in a format determined by the LOCAL GOVERNMENT that is suitable for reproduction. 10. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND AND NO/lOO DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated as follows: "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 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 $25,000.00 and which have a term for a period of more than one year.". 11. 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. 12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after final billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, such verifications as to the amount and validity of all costs of the. PROJECT. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. 13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other FM# 416402-1-58-01 Page 6 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 material subject to the prOVISIOns of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 14. 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. 15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before March 1, 2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the PROJECT. 16. The Agreement constitutes the complete and [mal expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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. 17. This Agreement shall be gov~rned by and interpreted in accordance with ti:J.e laws ofthe State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement 18. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT FM# 416402-1-58-01 Page 7 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Holly Lopenski. JPA Assistant/MS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5520 holly .lopenski@dot:state.fl.us Mr. Jerry Woods Project Manager/MS 562 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5311 jerry. woods@dot.state.fl.us LOCAL GOVERNMENT The City of Winter Springs. Attn: Mr. Kipton Lockcuff 1126 East State Road 434 Winter Springs, Florida 32708 19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION 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 of36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list 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. FM# 416402-1-58-01 Page 8 of II Original Draft: 01/16/2004 Revised: 06/09/2004 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this ~ day of September , 2004, and the DEPARTMENT has executed this Agreement this day of , 2004. CITY OF WINTER SPRINGS LOCAL GOVERNMENT ST ATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON By: /(~4! 111 ~ Name: /lOIVItl,4 It), tkc k<!vftfl/l.t> Tit!: C,',,,\ .....,"'... ~ (!A By: Name: George Gilhooley Title: Director of Operations Attest: -.;;> Executive Secretary Legal Review: ~. ". Financial Provision Approval by Department of Comptroller on: FM# 416402-1-58-01 Page 9 of II Original Draft: 01/16/2004 . Revised: 06/09/2004 EXHIBIT "A" SCOPE OF WORK Financial Management Number 416402-1-58-01 The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State Road 419 at Moss Road in Seminole County 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. FM# 416402-1-58-01 Page 10 ofIl Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "B" RESOLUTIONIMINUTES Financial Management Number: 416402-1-58-01 . . FM# 416402-1-58-01 Page 11 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Exhibit "C" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT. Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DISCRIPTION: Construction of Westbound Left Turn Lane on SR 419 at Moss Road FINANCIAL MANAGEMENT ID# 416402-1-58-01 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 , 2004. CITY OF WINTER SPRINGS By: Name: Title: ENGINEER'S CERTIFICATION OF 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 Professional Engineer has been completed in compliance with the PROJECT constmction 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: . P.E. Name: Date: , . RECEIVED OCT 0 5 2004 Records Document Index CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK Utilities/ Public Works Department Project Name Moss Road and State Road 419 Intersection Improvements Bid Number ITB-OI1-04/KL Document Name Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) I . = . Florida Deparhnent of Transportation .fER RUSH GOVERNOR 719 South Woodland Boulevard Deland, FL 32720-6834 .JOSE' ABREU SECRETARY September 29,2004 MR. KlPTON LOCKCUFF City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 SUBJECT: JOINT PARTICIPATION AGREEMENT FM#: 416402-1-58-01 DESCRIPTION: Constmction of Westbound Left Turn Lane on State Road 419 at Moss Road CONTRACT NUMBER: ANQ48 Dear Mr. Lockcuff: Please find enclosed the executed Joint Participation Agreement on the project referenced above, dated September 29, 2004, between the City of Winter Springs and the Florida Department of Transportation. The Project Manager you will be working with concerning this project will be Jerry Woods. You can reach Mr. Woods at 386/943-5311. If you should have any questions, please feel free to contact me at (386) 943-5520. Sincerely, ~~~- Holly Lopenski JP A Section District Five hI Enclosures cc: Mr. Jerry Woods Mr. Jim Wood Legal Department Constmction Department Financial Services File www.dot.state.fl.us , . FM# 416402-1-58-01 Page I of II Original Draft: 01/16/2004 Revised: 06/09/2004 Financial Management No.: Fund: DS Function: FLAIR Approp: 416402-1-58-01 FLAIR Obj.: Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55 Contract No: Af\J Q.I..\ g" Vendor No.: F591026364 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 ~#. , 2004, 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 of the State of Florida (hereinafter referred to as the LOCAL GOVERNMENT), 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 ResolutionfMinutes, a copy 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 described as: Construction of Westbound Left Turn Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 2004/2005, said project being known as FM#416402-1-58-01, Lump Sum Amount $100,000.00 (One Hundred Thousand and No/IOO Dollars), hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Transportation Plan; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEP ARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, FM# 416402-1-58-01 Page 2 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed before the execution of this Agreement will not be reimbursed by the DEPARTMENT. 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 LOCAL GOVERNMENT will undertake the construction of the westbound left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the corridor and the inclusion of this turn lane is beneficial to improve the operational and safety characteristics of this intersection. Prior to commencing any work within DEPARTMENT Right-of-Way, the LOCAL GOVERNMENT shall have executed a permit with the DEP ARTMENT that allows the LOCAL GOVERNMENT to perform work within DEPARTMENT Right-of-Way. All work within DEPARTMENT Right-of-Way shall be completed in accordance with the terms and conditions of said permit. 2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes subject to legislative approval and appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND NO/lOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual direct construction costs of the PROJECT. 3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor as required for construction of the PROJECT. 4. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 5. The LOCAL GOVERNMENT shall hire a professional engineering consultant to perform the CEI work for the PROJECT, which CEI work shall be deemed to be part of the FM# 416402-1-58-01 Page 3 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement is performed to meet all DEPARTMENT standards. 6. Payment herein is conditioned on the following: (A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph two (2) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans; (B) 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 Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. (C) The LOCAL GOVERNMENT shall provide documentation of the final construction costs and that the LOCAL GOVERNMENT has incurred the amount specified in paragraph two (2) for the construction performed under this agreement (D) Bills for fees or other compensation for services or expenses shall be submitted in detail (including the Notice of Completion, an Invoice Summary Sheet and supporting documentation to justify the charges) sufficient for a proper preaudit and postaudit thereof; FM# 416402-1-58-01 Page 4 of11 Original Draft: 01/16/2004 Revised: 06/09/2004 (E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the full amount of the funds for this PROJECT within twenty-four (24) months from the date this Agreement was executed. 7. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. 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 a 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. Interest penalties of less than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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/vendors who may be contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800- 848-3792. 8. 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 be granted a conference. 9. All tracing, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a FM# 416402-1-58-0 I Page 5 of II Original Draft: 01/16/2004 Revised: 06/09/2004 construction plans package in a format detennined by the LOCAL GOVERNMENT that is suitable for reproduction. 10. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND AND NOIlOO DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated as follows: "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 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 DEP ARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 11. 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. 12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after final billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, such verifications as to the amount and validity of all costs of the PROJECT. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. 13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other FM# 416402-1-58-01 Page 6 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 material subject to the prOVISIons of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 14. 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. 15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before March 1,2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered tennination of the PROJECT. 16. The Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement 18. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT FM# 416402-1-58-01 Page 7 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Holly Lopenski JP A Assistant/MS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5520 ho lly .lopenski@dot.state.fl.us Mr. Jerry Woods Project Manager/MS 562 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5311 jerry. woods@dot.state.fl.us LOCAL GOVERNMENT The City of Winter Springs Attn: Mr. Kipton Lockcuff 1126 East State Road 434 Winter Springs, Florida 32708 19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION 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. An entity or affiliate who has been placed on the discriminatory vendor list 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. FM# 416402-1-58-01 Page 8 of II Original Draft: 01/16/2004 Revised: 06/09/2004 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this li day of September , 2004, and the DEPARTMENT has executed this Agreement this ~ i ""'" day of Septe.m bc( ,2004. CITY OF WINTER SPRINGS LOCAL GOVERNMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION By: Jl~ w. ?'YI 'C . Name: 11."'4"'.4 w. n-.C.I..I7,..I/I..4? Title: C, ~ "') "" 11 "'\;A C. r; 4 By: Na e: George Gilhooley Title: Director of Operations Attest: ~ ~\1...~~~1l Exec tive Secretary , . - OCAL GO'yERNMENT Attorney ~ Financial Provision Approval by Department of Comptroller on: O~/ 03/04 FM# 416402-1-58-01 Page 9 of II Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "A" SCOPE OF WORK Financial Management Number 416402-1-58-01 The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State Road 419 at Moss Road in Seminole County 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. . . FM# 416402-1-58-01 Page JO of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 EXHIBIT "B" RESOLUTION/MINUTES Financial Management Number: 416402-1-58-01 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 9, 2004 CALL TO ORDER The Regular Meeting of Monday, August 9, 2004 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal. Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: . Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:31 p.m. Commissioner Donald A. GiIInore, present Commissioner Sally McGinnis, absent Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:31 p.m. A moment of silence was held, followed by the Pledge of Allegiance. Commissioner Michael S. Blake arrived at 6:31 p.m. City Manager Ronald W McLemore arrived at 6:31 p.m. City Attorney Anthony A. Garganese arrived at 6: 31 p. m. Under "Agenda Changes", .Manager McLemore asked the City Commission to "Delete [Regular Agenda Items] '501' and '502' from tonight's Agenda." Mayor Bush recognized Mayor Butch Bundy with the City of Longwood. PUBLIC INPUT 'Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke on the park in Winding Hollow and noted that the slide for small children has had yellow tape around it for more than a month and problems with a fence at Trotwood Park. Mr. McCoy also commented on not being able to pay for utility bills via an '" ACH' or a 'Draft' on my account." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 2 OF 23 Mr. Chuck Pula, Parks and Recreation Department Director addressed the action underway on the noted park repairs. Manager McLemore stated, "The' ACH' service that he is talking about, we are looking at it and hopefully I can come back at the next Commission Meeting and tell you the status of that." AWARDS AND PRESENTATIONS None. CONSENT AGENDA CONSENT 200. Public Works Department Requesting City Commission Approval To Enter Into A Contract For The Construction Of A Left Turn Lane On S.R. (State Road) 419 At Moss Road. No discussion. CONS~~ iOl. Public 'Yorks Department Requesting Authorization To Enter Into A Joint Participation Agreement Between The Florida Department Of Transportation And The City Of Winter Springs For The Moss Road Turn Lane On S.R. (State Road) 419. There was discussion on this Agenda Item. CONSENT 202. Finance Department Requesting The City Commission Adopt Resolution 2004-31, Relating To The Tuscawilla Lighting And Beautification Assessment Area. Brief discussi'on. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION FEGULAR MEETING - AUGUST 9. 2004 PAGE 3 OF 23 CONSENT 203. Police Departmen t Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Interagency Agreement Between The City Of Winter Springs And Seminole County School Board. Brief discussion. CONSENT 204. Utility Department Requesting Authorization To Enter Into An Interlocal Agreement With The Cities Of Seminole County And Seminole County For County Wide Water Supply Planning. This Agenda Item was not discussed. CONSENT 205. Recreation Department Requesting Authorization To Piggyback Off The Orange County Contract Number 02-03-11VH For A John Deere Progator 2030 Diesel Utility Vehicle. No discussion. CONSENT 206. Information Services Department Requests Commission Authorization To Pay Munis Annual Software Support Agreement And License Agreement For Munis Software In The Amount Of $34,860.00. There was discussion on this Agenda Item. CONSENT 207. Office Of The City Clerk Approval Of The July 26, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULi\R ~.1EETf!'JG - AUGUST 9, 2004 PAGE 4 OF 23 CONSENT 208. Office Of The Mayor Resolution 2004-32 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mervin Warner For His Service On The Code Enforcement Board. No discussion. CONSENT 209. Office Of The Mayor Resolution 2004-33 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Linda Tillis For Her Service On The Tuscawilla Lighting And Beautification District Advisory Committee. There was discussion on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY DEPUTY MAYOR MILLER. MAYOR BUSH STATED, "SECONDEl) BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Adv.ising The City Commission Of The Status Of Various Current Planning ,Projects. Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission. . Deputy Mayor Robert S. Miller stated, "On the Item which shows - on the second page - 'Medallions Convenience Store', I noticed there that there is a provision for 'Car wash' - where has that discussion goneT' 4.' FM# 416402-1-58-01 Page 11 of 11 Original Draft: 01/16/2004 Revised: 06/09/2004 Exhibit "C" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DISCRIPTION: Construction of Westbound Left Turn Lane on SR 419 at Moss Road FINANCIAL MANAGEMENT ID# 416402-1-58-01 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 .2004. CITY OF WINTER SPRINGS By: Name: Title: ENGINEER'S CERTIFICATION OF 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 Professional Engineer has been completed in 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: .P.E. Name: Date: