HomeMy WebLinkAbout2007 04 09 Consent 200 Resolution 2007-16
COMMISSION AGENDA
ITEM
200
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
April 9, 2007
Meeting
IY
+. MGR J IDEPT
Authorization
REQUEST: Community Development Department, Urban Beautification Services Division,
requesting approval of Resolution 2007-16 authorizing the City Manager to enter
into a Florida Department of Transportation (FDOT) Joint Participation
Agreement (JPA) for $142k in landscape improvements located on State Road
434.
PURPOSE: The purpose of this Board item is to request approval to enter into an agreement with
FDOT for landscape improvements to be installed on State Road 434 Medians, within
the Town Center District, between State Road 419 and Seminole County Cross
Seminole Trail Bridge.
CONSIDERATIONS:
City Staff has been diligently seeking supplemental funding for tree and landscape
improvement projects to be installed along the State Road 434 Corridor from various State
Grant Funding Programs such as the FDOT Highway Beautification Grant Program and
the Division of Forestry Urban and Community Forestry Grant Program.
In late 2006, the Florida Department of Transportation (FDOT) contacted City Staff
regarding their Adopted Five Year Work Program that provides funding from the State to
local governments for joint participation landscape improvement projects along State Roads
such as 434. This particular program will make specific funding available to the City in the
amount of$142k (no City match required) for landscape improvements to the State Road 434
Medians between State Road 419 and Seminole County Cross Seminole Trail Bridge.
040907_ COMM _ Consent_ 200 ]DOT _JP A _Agreement_ SR434
Maintenance of the landscape project would become the responsibility of the City at
an additional cost above and beyond the existing SR 434 rights-of-way and median
maintenance defined under the FDOT Maintenance Memorandum of Agreement,
authorized by Resolution 2007-05 in Item 405 on January 22, 2007.
FUNDING:
Installation of the project shall be funded by the Florida Department of
Transportation Adopted Five Year Work Program at a cost of $142k (FM# 421855-1-58-
01). Maintenance of the project shall be performed as an addendum to the existing State
Road 434 Landscape Maintenance Contract - Line Code (1525-54682); cost not to exceed
$IOk per year.
RECOMMENDATION:
It is recommended that approval of Resolution 2007-16 be granted authorizing the
City Manager to enter into a Joint Participation Agreement (JP A) with the Florida
Department of Transportation (FDOT) for landscape improvements on the State Road 434
Medians located between State Road 419 and Seminole County Cross Seminole Trail Bridge.
IMPLEMENTATION SCHEDULE:
The FDOT Joint Participation Agreement will be effective once approved and executed
after July 1, 2007. Bidding for construction of the project will take place immediately
thereafter.
040907_ COMM_ Consent_200 ]DOT jP A_ Agreement_ SR434
ATTACHMENTS:
1. Resolution 2007-16
2. FDOT Joint Participation Agreement (FM# 421855-1-58-01)
COMMISSION ACTION:
Attachment #1
RESOLUTION NO. 2007-16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights-of-way areas must be maintained and attractively landscaped: and
WHEREAS, the Mayor and City Commission desire that the City of Winter Springs
beautify and maintain various medians and rights-of-way areas within the City of Winter
Springs by landscaping to a higher standard than provided by FDOT; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to
authorize the City Manager to enter into a Joint Participation Agreement for landscape
improvements on State Road 434, between State Road 419 and Seminole County Cross
Seminole Trail Bridge, between the City of Winter Springs and the Florida Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby authorizes the
City Manager to enter into a Joint Participation Agreement between the City of Winter Springs
and the State of Florida Department of Transportation in a form acceptable to the City
Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send
copies of this Resolution to the Department of Transportation and all other persons as directed
by the Mayor and City Commission.
SECTION III - This Resolution shall take effect immediately upon its passage and
approval.
ATTEST:
Passed and adopted this _ day of , 2007.
CITY OF WINTER SPRINGS, FLORIDA
CITY CLERK
JOHN F. BUSH, MAYOR
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Financial Management No: Fund: DS Function: 215 FLAIR Approp: 088717
421855-1-58-01 FLAIR Obj.: 563007
Agency: City of Winter Springs Contract Amount: $142,000.00 Org. Code: 55054010508
Contract No: Vendor No.: F591026364005
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF WINTER SPRINGS
This AGREEMENT, made and entered into this _ day of ,2007,
by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
(hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), and is based on
the following premises:
WITNESSETH
WHEREAS, the parties have been granted specific legislative authority to enter into this
AGREEMENT pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by 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 generally described as: Landscaping Improvements on State
Road 434 between State Road 419 and Seminole County Cross Seminole Trail Bridge, in the
DEPARTMENT'S Fiscal Year 2007/2008. Said project being known as, Financial Management
Number 421855-1-58-01, Seminole County, in an amount not to exceed $142,000.00 (One
Hundred Forty Two Thousand and No/I00 Dollars), hereinafter referred to as, the "PROJECT";
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and
WHEREAS, the PROJECT is not revenue producing and is contained in the Adopted Five
Year Work Program; and
WHEREAS, the implementation of the PROJECT is in the interest of both the
DEP AR TMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and
economical for the DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL
GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL
GOVERNMENT to perform the services to complete the PROJECT;
NOW THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this AGREEMENT, the parties agree as follows:
1. The term of this AGREEMENT shall begin upon the date of signature of the last
party to sign. The LOCAL GOVERNMENT understands that construction ofthis PROJECT can not
begin until after July 1,2007, the funds have been authorized and the Notice to Proceed has been
issued.
Any work performed prior to July 1, 2007, the funds being authorized and the issuance ofthe Notice
to Proceed is not subject to reimbursement. The LOCAL GOVERNMENT agrees to complete the
PROJECT services on or before two years from the date of execution of this AGREEMENT. Ifthe
LOCAL GOVERNMENT does not complete the PROJECT services within this time period, an
extension of time for the PROJECT services must be requested by the LOCAL GOVERNMENT and
granted in writing by the D EP AR TMENT. The term ofthis AGREEMENT shall continue in effect
and be binding on the parties in perpetuity. The DEPARTMENT will review the need for
maintenance of the Improvements on a five year basis and if it is determined by the D EP AR TMENT
that maintenance of the Improvements is no longer needed, the DEPARTMENT may unilaterally
terminate the AGREEMENT.
FM#421855-1-58-01
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2. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT
suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications
covering all construction requirements for the PROJECT. The Local Government shall assure that
the design, construction, installation, and maintenance is consistent with and meets all criteria and
limitations of Rule 14-40, Florida Administrative Code, Part III as it relates to Vegetation
Management at Outdoor Advertising Signs. A detailed scope of the project is attached hereto as
Exhibit "A". Six (6) copies of the Design Plans shall be provided to the DEPARTMENT'S Project
Manager, at the address listed on Page 15. The DEPARTMENT shall review the plans for
conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of
delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an
adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes
requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final,
corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The
LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT.
The expenditure of funds pursuant to this AGREEMENT shall comply with the terms of
~334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal
regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase
large plant materials (large plant materials have been defined by the Florida Department of
Transportation to be five (5) gallon or larger containers as defined by the Florida Department of
Agriculture's "Grades and Standards for Nursery Plants") with the remaining funds for other plant
materials. All of the plant materials purchased shall be purchased from Florida-Based Nurseryman
stock on a uniform competitive bid basis.
3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. If
the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT, all
costs and expenses thereof shall not be subject to reimbursement. The reimbursement from the
DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is
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conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in
a manner consistent with the PROJECT construction plans.
4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT, excluding
LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and
subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive
progress payments as specified in Exhibit "C", or may receive a lump sum payment upon
completion and acceptance by the DEPARTMENT for all services required under this
AGREEMENT, not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/I00
Dollars) for actual costs incurred.
5. Reimbursement to the LOCAL GOVERNMENT is conditioned on the following:
A. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof;
and
B. That the LOCAL GOVERNMENT has completed, and the DEPARTMENT
has accepted, the portion of services being requested during the billing
period; and
C. Within 30 days after completion of the work authorized by this Joint
Participation Agreement, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the completion; and for all design work that
originally required certification by a Registered Landscape Architect, this
notification shall contain a Landscape Architect's Certification of Substantial
Compliance, signed and sealed by a Registered Landscape Architect, Exhibit
"D". The certification shall state that work has been completed in substantial
compliance with the PROJECT construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a
FM#421855-1-58-0 1
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list of all deviations along with an explanation that justifies the reason to
accept each deviation.
6. Participants providing goods and services to the DEP AR TMENT should be aware of
the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to
inspect and approve the goods and services, unless the AGREEMENT specifies otherwise. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. If payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
participant. Interest penalties of less than one dollar ($1.00) will not be enforced unless the
participant requests payment. Invoices, which have to be returned to a Participant because of
participant preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A
Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Contractors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by
calling the Department of Financial Services Hotline at 1-800-848-3792 or by calling 1-850-410-
9724.
7. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the
DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals
established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised,
at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details
thereof. Either party to the AGREEMENT may request and shall, in a reasonable time thereafter, be
granted a conference with the other party.
FM#421855-1-58-01
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8. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as
the landscaping is needed to be removed from the Right of Way, the LOCAL GOVERNMENT shall,
at all times, maintain the PROJECT in a reasonable manner and with due care in accordance with all
applicable DEPARTMENT guidelines, standards and procedures (Project Standards) and as herein
below specified.
a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping
installed on the project as specified in the Landscape Planes). Such
installation shall be in conformance with Florida Administrative Code Rule
14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT shall not change or deviate from said planes) without
written approval of the DEPARTMENT.
b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed
by the PROJECT in accordance with the Landscape Maintenance Planes).
Said maintenance will be in accordance with Florida Administrative Code
Rule 14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT'S responsibility for maintenance shall be consistent with
the requirements of Florida Administrative Code Rule 14.40.003(5), as it
may be amended from time to time. The maintenance functions to be
performed by the LOCAL GOVERNMENT shall be subject to periodic
inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not
change or deviate from said planes) without written approval of the
DEPARTMENT.
c.) All landscape installation and maintenance activities undertaken by the
LOCAL GOVERNMENT shall be in accordance with the Maintenance of
Traffic Planes).
FM#421855-1-58-01
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d.)
If at any time after the LOCAL GOVERNMENT has assumed the
landscaping installation or maintenance responsibility above-mentioned, it
shall come to the attention of the D EP AR TMENT that the PROJECT, as will
be designed by the LOCAL GOVERNMENT, or a part thereof is not
properly installed or maintained pursuant to the terms of this AGREEMENT,
the District Secretary or his designee may issue a written notice that a
deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL
GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof.
Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30)
calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT
may terminate the AGREEMENT, in which case the LOCAL
GOVERNMENT shall at its own expense and within sixty (60) calendar days
after written notice by the DEPARTMENT, remove all ofthe landscaping
that the D EP AR TMENT directs be removed and return the Right-of- Way to
its original condition. The LOCAL GOVERNMENT will own such
materials it removes and the DEPARTMENT shall own any materials
remaining. When the DEPARTMENT determines that it is reasonably
necessary, the DEPARTMENT may remove, relocate or adjust the
landscaping materials.
e.)
Prior to commencmg the work described herein, the LOCAL
GOVERNMENT shall request and be issued a Notice to Proceed from the
DEPARTMENT'S Local Maintenance Engineer at (386) 740-3401. Any
work performed prior to the issuance of the Notice to Proceed is not subject
to reimbursement.
FM#421855-1-58-0 1
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f.)
This AGREEMENT supersedes the normal requirements of separate
DEPARTMENT permits for Right of Way utilization and this
AGREEMENT is deemed to constitute such a permit.
9. In the event this AGREEMENT is in excess of TWENTY FIVE THOUSAND AND
NOll 00 DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of
Section 339. 135(6)(a), Florida Statutes, are hereby incorporated:
"The DEPARTMENT during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the Department that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for a period exceeding one
(1) year, but any contract so made 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 (1) year."
In addition, in accordance with Florida Law, the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the legislature.
The parties agree that in the event funds are not appropriated to the DEPARTMENT for the
PROJECT, this AGREEMENT may be terminated, which shall be effective upon either party giving
notice to the other to that effect.
F~#421855-1-58-01
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10. Records of costs incurred under the terms of this AGREEMENT shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this
AGREEMENT and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEP AR TMENT upon request. Records of costs incurred includes
the LOCAL GOVERNMENT'S general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors performing work on the
PROJECT, and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
11. Audits: The administration of resources awarded by the DEPARTMENT to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the DEPARTMENT, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but
not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-B3, as revised, and/or other procedures. By entering into this agreement, the recipient
agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate
by the Department. In the event the Department determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staffto the Local Government regarding such audit. The Local Government further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FDOT's Office ofInspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-B3, as revised) are to have audits done annually using the foHowing criteria:
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1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,
the recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates
Federal resources awarded through the Department by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established
by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. However, ifthe recipient elects to have an audit conducted in accordance with the
provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes)
are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or
in excess of $500,000 in any fiscal year, the recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules ofthe Department of Financial Services and the CFO; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded
through the Department by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department, other state
agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
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2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. However, if the recipient elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title
and number, award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FDOT, the Department of Financial Services, and the Auditor
General. This section does not limit the authority of the Department to conduct or arrange
for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 0 MB Circular A -133,
as revised, and required by P ART I of this agreement shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf ofthe recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
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B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (t), OMB Circular A-B3, as revised.
2. In the event that a copy of the reporting package for an audit required by P ART I of this
agreement and conducted in accordance with OMB Circular A-B3, as revised, is not
required to be submitted to the Department for reasons pursuant to section .320 (e )(2), OMB
Circular A-133, as revised, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of
expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall
submit a copy ofthe reporting package described in Section .320 (c), OMB Circular A-I33,
as revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
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A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III ofthis agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
5. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms
of this agreement for a period of at least five years from the date the audit report is
issued, and shall allow the Department, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are
made available to the Department, or its designee, CFO, or Auditor General upon request
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for a period of at least five years from the date the audit report is issued, unless extended
in writing by the Department.
12. After written notice and a reasonable opportunity to cure, either party may
unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes and made or received by such party in conjunction with this AGREEMENT.
13. This AGREEMENT constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this AGREEMENT that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written.
14. This AGREEMENT shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
15. This AGREEMENT shall continue in effect and be binding on the parties until the
PROJECT is completed, any subsequent litigation is complete and terminated, final costs are
known, and legislatively appropriated reimbursements, if approved, are made by the
DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the PROJECT, in
whole or in part, if the DEPARTMENT determines that such action is in the best interest of the
public.
FM#421855-1-58-01
Page IS of21
Original Draft: 1/25/2007
Revised:
16. All notices required pursuant to the terms hereof shall be sent by first class United
States Mail. Unless prior written notification of an alternate mailing address is sent, all notices shall
be sent to the following addresses:
Florida Deoartment of Transoortation
Holly Lopenski
Special Projects/MS 4-549
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5520
holl .10 enski dot.state.f1.us
Christine Webb
Project Manager/MS 510
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5298
christine. webb dot.state.f1.us
The City of Winter Sorines
Steven T. Richart
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-5976
sri c hart@winterspringsfl.org
17. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CA TEGOR Y TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
FM#421855-1-58-0 1
Page 16 of21
Original Draft: 1/25/2007
Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this AGREEMENT
this _ day of , 2007, and the DEPARTMENT has executed this
AGREEMENT this day of ,2007.
THE CITY OF WINTER SPRINGS
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Name:
Title:
By:
Name: George S. Lovett
Title: Director of Transportation Development
Attest:
Attest:
By:
(SEAL)
Executive Secretary
(SEAL)
Name:
Title:
Legal Review
Legal Review:
City Counsel
District Counsel
Financial Provision Approved on:
FM#421855-1-58-01
Page 17 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT" A"
SCOPE OF WORK
Financial Management Number 421855-1-58-01
The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed
landscaping improvements along State Road 434 in Seminole County, between State Road 419 and
Seminole County Cross Seminole Trail Bridge (spans section number 77070002 milepost 0.000 to
mile post 2.020 and section number 77070003 milepost 0.000 to milepost 0.316) and have
construction inspection done. The Florida Department of Transportation shall review such plans and
shall perform such inspections as may be required by the Department of Transportation.
Maintenance responsibilities for the landscaping improvements are as specified in the
AGREEMENT.
FM#421855-1-58-01
Page 18 of21
Original Draft: 1125/2007
Revised:
EXHIBIT "B"
RESOLUTIONIMINUTES
Financial Management Number: 421855-1-58-01
FM#421855-1-58-01
Page 19 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT "C"
Method of Compensation
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the LOCAL
GOVERNMENT for the services described in Exhibit "A" (Scope of Work) and method by which
payments will be made.
2.0 COMPENSATION
For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this
AGREEMENT, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to
exceed $142,000.00 (One Hundred Forty Two Thousand and No/tOO Dollars) for actual costs
incurred.
The LOCAL GOVERNMENT may receive a progress payment at the time the plant
materials have been purchased, to the satisfaction of the DEP AR TMENT when properly supported
by invoices or other acceptable evidence of payment. The remaining balance will be due upon the
completion and approval of the PROJECT services. Or, the LOCAL GOVERNMENT may receive
one lump sum payment upon completion and acceptance by the DEPARTMENT of all services
required under this AGREEMENT.
FM#421855-1-58-0 1
Page 20 of21
Original Draft: 1/25/2007
Revised:
Exhibit "D"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and
The City of Winter Springs
PROJECT DESCRIPTION: Landscaping Improvements on State Road 434 between State Road 419
and Seminole County Cross Seminole Trail Bridge
FINANCIAL MANAGEMENT ID#: 421855-1-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby provides notification that the work authorized by this AGREEMENT is complete as of
,200
LOCAL GOVERNMENT
By:
Name:
Title:
LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby certifies that all work which originally required certification by a Registered Landscape
Architect has been completed in substantial compliance with the PROJECT construction plans and
specifications. If any deviations have been made from the approved plans, a list of all deviations along with
an explanation that justifies the reason to accept each deviation will be attached to this Certification.
SEAL:
By:
Name:
Date:
FM#421855-1-58-0 1
Page 21 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $
(amount)
COMPLIANCE REQUffiEMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows: rtf:
1. Firstapplicablecompliancere qUirement~e. ~~~. s;,ttflr: se 0 rce stbeusedfor).
2. Second apPliCVbl CTn~e ui .,' ility i cipients of the
resourc1\. ~
3. Etc. 1 'V ~
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal agencv. Catalog of Federal Domestic Assistance title and number) - $
(amount)
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $
(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
kemorandum
To: City Clerk's Office
cc:
From: Steven T. Richart, UBSDM
Date: 4/10/2007
Re: FDOT - IP A Agreement
Good Afternoon.
Please have (4) originals (Joint Participation Agreement and Resolution 2007-16) signed by the
agplicable parties and returned to me for execution by the Florida Department of Transportation
(FDOT). I will return one original fully executed contract to the Clerk's Office once they are
returned to me by FT.
This I A is in onnection with Commission approved Item 200 on April 9, 2007.
1
FM#421855-1-58-01
Page I of21
Original Draft: 1/25/2007
Revised:
Financial Management No: Fund: DS Function: 215 FLAIR Approp: 088717
421855-1-58-01 FLAIR Obj.: 563007
Agency: City of Winter Springs Contract Amount: $142,000.00 Org. Code: 55054010508
Contract No: Vendor No.: F591026364005
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF WINTER SPRINGS
This AGREEMENT, made and entered into this _ day of ,2007,
by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
(hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), and is based on
the following premises:
WITNESSETH
WHEREAS, the parties have been granted specific legislative authority to enter into this
AGREEMENT pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution/Minutes, 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 generally described as: Landscaping Improvements on State
Road 434 between State Road 419 and Seminole County Cross Seminole Trail Bridge, in the
DEPARTMENT'S Fiscal Year 2007/2008. Said project being known as, Financial Management
Number 421855-1-58-01, Seminole County, in an amount not to exceed $142,000.00 (One
Hundred Forty Two Thousand and No/100 Dollars), hereinafter referred to as, the "PROJECT";
FM#421855-1-58-01
Page 2 of21
Original Draft: 1/25/2007
Revised:
and
WHEREAS, the PROJECT is not revenue producing and is contained in the Adopted Five
Year Work Program; and
WHEREAS, the implementation of the PROJECT is in the interest of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and
economical for the DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL
GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL
GOVERNMENT to perform the services to complete the PROJECT;
NOW THEREFORE, in consideration ofthe mutual benefits to be derived from the joint
participation of this AGREEMENT, the parties agree as follows:
1. The term of this AGREEMENT shall begin upon the date of signature of the last
party to sign. The LOCAL GOVERNMENT understands that construction ofthis PROJECT can not
begin until after July 1,2007, the funds have been authorized and the Notice to Proceed has been
issued.
Any work performed prior to July 1, 2007, the funds being authorized and the issuance ofthe Notice
to Proceed is not subject to reimbursement. The LOCAL GOVERNMENT agrees to complete the
PROJECT services on or before two years from the date of execution of this AGREEMENT. If the
LOCAL GOVERNMENT does not complete the PROJECT services within this time period, an
extension oftime for the PROJECT services must be requested by the LOCAL GOVERNMENT and
granted in writing by the DEP AR TMENT. The term ofthis AGREEMENT shall continue in effect
and be binding on the parties in perpetuity. The DEPARTMENT will review the need for
maintenance of the Improvements on a five year basis and ifit is determined by the DEPARTMENT
that maintenance of the Improvements is no longer needed, the DEPARTMENT may unilaterally
terminate the AGREEMENT.
FM#421855-1-58-01
Page 3 of21
Original Draft: 1/25/2007
Revised:
2. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT
suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications
covering all construction requirements for the PROJECT. The Local Government shall assure that
the design, construction, installation, and maintenance is consistent with and meets all criteria and
limitations of Rule 14-40, Florida Administrative Code, Part III as it relates to Vegetation
Management at Outdoor Advertising Signs. A detailed scope of the project is attached hereto as
Exhibit "A". Six (6) copies of the Design Plans shall be provided to the DEPARTMENT'S Project
Manager, at the address listed on Page 15. The DEPARTMENT shall review the plans for
conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of
delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an
adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes
requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final,
corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The
LOCAL GOVERNMENT shall provide a copy ofthe Final Bid documents to the DEPARTMENT.
The expenditure of funds pursuant to this AGREEMENT shall comply with the terms of
~334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal
regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase
large plant materials (large plant materials have been defined by the Florida Department of
Transportation to be five (5) gallon or larger containers as defined by the Florida Department of
Agriculture's "Grades and Standards for Nursery Plants") with the remaining funds for other plant
materials. All ofthe plant materials purchased shall be purchased from Florida-Based Nurseryman
stock on a uniform competitive bid basis.
3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. If
the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT, all
costs and expenses thereof shall not be subject to reimbursement. The reimbursement from the
DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is
FM#421855-1-58-01
Page 4 of21
Original Draft: 1/25/2007
Revised:
conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in
a manner consistent with the PROJECT construction plans.
4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT, excluding
LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and
subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive
progress payments as specified in Exhibit "C", or may receive a lump sum payment upon
completion and acceptance by the DEPARTMENT for all services required under this
AGREEMENT, not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/tOO
Dollars) for actual costs incurred.
5. Reimbursement to the LOCAL GOVERNMENT is conditioned on the following:
A. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof;
and
B. That the LOCAL GOVERNMENT has completed, and the DEPARTMENT
has accepted, the portion of services being requested during the billing
period; and
C. Within 30 days after completion of the work authorized by this Joint
Participation Agreement, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the completion; and for all design work that
originally required certification by a Registered Landscape Architect, this
notification shall contain a Landscape Architect's Certification of Substantial
Compliance, signed and sealed by a Registered Landscape Architect, Exhibit
"D". The certification shall state that work has been completed in substantial
compliance with the PROJECT construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a
FM#421855-1-58-01
Page 5 of21
Original Draft: 1/25/2007
Revised:
list of all deviations along with an explanation that justifies the reason to
accept each deviation.
6. Participants providing goods and services to the DEPARTMENT should be aware of
the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to
inspect and approve the goods and services, unless the AGREEMENT specifies otherwise. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. If payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
participant. Interest penalties of less than one dollar ($1.00) will not be enforced unless the
participant requests payment. Invoices, which have to be returned to a Participant because of
participant preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A
Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Contractors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by
calling the Department of Financial Services Hotline at 1-800-848-3792 or by calling 1-850-410-
9724.
7. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the
DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals
established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised,
at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details
thereof. Either party to the AGREEMENT may request and shall, in a reasonable time thereafter, be
granted a conference with the other party.
F~#421855-1-58-01
Page 60f21
Original Draft: 1/25/2007
Revised:
8. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as
the landscaping is needed to be removed from the Right of Way, the LOCAL GOVERNMENT shall,
at all times, maintain the PROJECT in a reasonable manner and with due care in accordance with all
applicable DEPARTMENT guidelines, standards and procedures (Project Standards) and as herein
below specified.
a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping
installed on the project as specified in the Landscape Planes). Such
installation shall be in conformance with Florida Administrative Code Rule
14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT shall not change or deviate from said planes) without
written approval ofthe DEPARTMENT.
b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed
by the PROJECT in accordance with the Landscape Maintenance Planes).
Said maintenance will be in accordance with Florida Administrative Code
Rule 14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT'S responsibility for maintenance shall be consistent with
the requirements of Florida Administrative Code Rule 14.40.003(5), as it
may be amended from time to time. The maintenance functions to be
performed by the LOCAL GOVERNMENT shall be subject to periodic
inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not
change or deviate from said planes) without written approval of the
DEPARTMENT.
c.) All landscape installation and maintenance activities undertaken by the
LOCAL GOVERNMENT shall be in accordance with the Maintenance of
Traffic Planes).
FM#421855-1-58-01 Original Draft: 1/25/2007
Page 7 of 21 Revised:
d.) If at any time after the LOCAL GOVERNMENT has assumed the
landscaping installation or maintenance responsibility above-mentioned, it
shall come to the attention of the DEPARTMENT that the PROJECT, as will
be designed by the LOCAL GOVERNMENT, or a part thereof is not
properly installed or maintained pursuant to the terms ofthis AGREEMENT,
the District Secretary or his designee may issue a written notice that a
deficiency or deficiencies exist{ s), by sending a certified letter to the LOCAL
GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof.
Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30)
calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT
may terminate the AGREEMENT, in which case the LOCAL
GOVERNMENT shall at its own expense and within sixty (60) calendar days
after written notice by the DEPARTMENT, remove all of the landscaping
that the DEPARTMENT directs be removed and return the Right-of-Way to
its original condition. The LOCAL GOVERNMENT will own such
materials it removes and the DEPARTMENT shall own any materials
remaining. When the DEPARTMENT determines that it is reasonably
necessary, the DEPARTMENT may remove, relocate or adjust the
landscaping materials.
e.) Prior to commencmg the work described herein, the LOCAL
GOVERNMENT shall request and be issued a Notice to Proceed from the
DEPARTMENT'S Local Maintenance Engineer at (386) 740-3401. Any
work performed prior to the issuance of the Notice to Proceed is not subject
to reimbursement.
FM#421855-1-58-0 1
Page 8 of21
Original Draft: 1/25/2007
Revised:
f.)
This AGREEMENT supersedes the normal requirements of separate
DEPARTMENT permits for Right of Way utilization and this
AGREEMENT is deemed to constitute such a permit.
9. In the event this AGREEMENT is in excess of TWENTY FIVE THOUSAND AND
NOll 00 DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The DEPARTMENT during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller ofthe Department that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for a period exceeding one
(1) year, but any contract so made 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 (1) year."
In addition, in accordance with Florida Law, the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the legislature.
The parties agree that in the event funds are not appropriated to the DEPARTMENT for the
PROJECT, this AGREEMENT may be terminated, which shall be effective upon either party giving
notice to the other to that effect.
F~#421855-1-58-01
Page 90f21
Original Draft: 1/25/2007
Revised:
10. Records of costs incurred under the terms of this AGREEMENT shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this
AGREEMENT and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the D EP AR TMENT upon request. Records of costs incurred includes
the LOCAL GOVERNMENT'S general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors performing work on the
PROJECT, and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
11. Audits: The administration of resources awarded by the DEPARTMENT to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the DEPARTMENT, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and Section
215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but
not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-I33, as revised, and/or other procedures. By entering into this agreement, the recipient
agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate
by the Department. In the event the Department determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staff to the Local Government regarding such audit. The Local Government further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FDOT's Office oflnspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (Le. state, local government, or non-profit organizations as defined in
OMB Circular A-B3, as revised) are to have audits done annually using the following criteria:
FM#421855-1-58-0 I
Page 10 of21
Original Draft: 1/25/2007
Revised:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,
the recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-l33, as revised. EXHIBIT 1 to this agreement indicates
Federal resources awarded through the Department by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established
by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-l33, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-l33, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. However, if the recipient elects to have an audit conducted in accordance with the
provisions of OMB Circular A-l33, as revised, the cost ofthe audit must be paid from non-
Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes)
are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or
in excess of $500,000 in any fiscal year, the recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules ofthe Department of Financial Services and the CFO; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded
through the Department by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department, other state
agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
FM#421855-1-58-01
Page 11 of21
Original Draft: 1/25/2007
Revised:
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. However, if the recipient elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title
and number, award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FOOT, the Department of Financial Services, and the Auditor
General. This section does not limit the authority of the Department to conduct or arrange
for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by PART I of this agreement shall be submitted, when required by
Section .320 (d), OMB Circular A-I33, as revised, by or on behalf of the recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
FM#421855-1-58-0 I
Page 12 of21
Original Draft: 1/25/2007
Revised:
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (t), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by P ART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the Department for reasons pursuant to section .320 (e )(2), OMB
Circular A-133, as revised, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of
expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-l33,
as revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
FM#421855-1-58-01
Page 13 of21
Original Draft: 1/25/2007
Revised:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
5. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms
of this agreement for a period of at least five years from the date the audit report is
issued, and shall allow the Department, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are
made available to the Department, or its designee, CFO, or Auditor General upon request
FM#421855-1-58-01
Page 14 of21
Original Draft: 1/25/2007
Revised:
for a period of at least five years from the date the audit report is issued, unless extended
in writing by the Department.
12. After written notice and a reasonable opportunity to cure, either party may
unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes and made or received by such party in conjunction with this AGREEMENT.
13. This AGREEMENT constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this AGREEMENT that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written.
14. This AGREEMENT shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
15. This AGREEMENT shall continue in effect and be binding on the parties until the
PROJECT is completed, any subsequent litigation is complete and terminated, final costs are
known, and legislatively appropriated reimbursements, if approved, are made by the
DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the PROJECT, in
whole or in part, if the DEPARTMENT determines that such action is in the best interest of the
public.
FM#421855-1-58-0 1
Page 15 of21
Original Draft: 1/25/2007
Revised:
16. All notices required pursuant to the terms hereof shall be sent by first class United
States Mail. Unless prior written notification of an alternate mailing address is sent, all notices shall
be sent to the following addresses:
Florida Department of Transportation
Holly Lopenski
Special ProjectslMS 4-549
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5520
holl .10 enski dot.state.f1.us
Christine Webb
Project ManagerlMS 510
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5298
christine. webb dot.state.f1.us
The City of Winter Sprin2s
Steven T. Richart
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-5976
srichart@winterspringsfl.org
17. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
FM#42 I 855- I -58-0 I
Page 16 of21
Original Draft: 1/25/2007
Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this AGREEMENT
this~day of --4s\\ , 2007, and the DEPARTMENT has executed this
AGREEMENT this day of ,2007.
THE CITY OF WINTER SPRINGS
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
~~~i ~
Title:
By:
Name: George S. Lovett
Title: Director of Transportation Development
Attest:, "
Attest:
By:
(SEAL)
Executive Secretary
(SEAL)
Name:
Title:
Legal Review:
District Counsel
Financial Provision Approved on:
FM#421855-1-58-01
Page 17 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT" A"
SCOPE OF WORK
Financial Management Number 421855-1-58-01
The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed
landscaping improvements along State Road 434 in Seminole County, between State Road 419 and
Seminole County Cross Seminole Trail Bridge (spans section number 77070002 milepost 0.000 to
mile post 2.020 and section number 77070003 milepost 0.000 to milepost 0.316) and have
construction inspection done. The Florida Department of Transportation shall review such plans and
shall perform such inspections as may be required by the Department of Transportation.
Maintenance responsibilities for the landscaping improvements are as specified in the
AGREEMENT.
F~#421855-1-58-01
Page 18 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT "B"
RESOLUTIONIMINUTES
Financial Management Number: 421855-1-58-01
RESOLUTION NUMBER 2007-16
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER
INTO A JOINT PARTICIPATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights-of-way areas must be maintained and attractively landscaped: and
WHEREAS, the Mayor and City Commission desire that the City of Winter
Springs beautify and maintain various medians and rights-of-way areas within the City of
Winter Springs by landscaping to a higher standard than provided by FDOT; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish
to authorize the City Manager to enter into a Joint Participation Agreement for landscape
improvements on State Road 434, between State Road 419 and Seminole County Cross
Seminole Trail Bridge, between the City of Winter Springs and the Florida Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Joint Participation Agreement between the
City of Winter Springs and the State of Florida Department of Transportation in a form
acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to
send copies of this Resolution to the Department of Transportation and all other persons
as directed by the Mayor and City Commission.
SECTION III - This Resolution shall take effect immediately upon its passage
and approval.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
Regular Meeting assembled on the 9th day of April, 2007.
ATTEST:
A f\
A LORENZO-LUACES, City Clerk
City of Winter Springs, Florida
Resolution Number 2007-16
Page 2 of2
FM#421855-1-58-0 1
Page 19 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT "C"
Method of Compensation
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the LOCAL
GOVERNMENT for the services described in Exhibit "A" (Scope of Work) and method by which
payments will be made.
2.0 COMPENSATION
For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this
AGREEMENT, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to
exceed $142,000.00 (One Hundred Forty Two Thousand and No/100 Dollars) for actual costs
incurred.
The LOCAL GOVERNMENT may receive a progress payment at the time the plant
materials have been purchased, to the satisfaction of the DEP AR TMENT when properly supported
by invoices or other acceptable evidence of payment. The remaining balance will be due upon the
completion and approval of the PROJECT services. Or, the LOCAL GOVERNMENT may receive
one lump sum payment upon completion and acceptance by the DEPARTMENT of all services
required under this AGREEMENT.
FM#421855-1-58-01
Page 20 on 1
Original Draft: 1/25/2007
Revised:
Exhibit "D"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and
The City of Winter Springs
PROJECT DESCRIPTION: Landscaping Improvements on State Road 434 between State Road 419
and Seminole County Cross Seminole Trail Bridge
FINANCIAL MANAGEMENT ID#: 421855-1-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby provides notification that the work authorized by this AGREEMENT is complete as of
,200
LOCAL GOVERNMENT
By:
Name:
Title:
LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby certifies that all work which originally required certification by a Registered Landscape
Architect has been completed in substantial compliance with the PROJECT construction plans and
specifications. If any deviations have been made from the approved plans, a list of all deviations along with
an explanation that justifies the reason to accept each deviation will be attached to this Certification.
SEAL:
By:
Name:
Date:
FM#421855-1-58-01
Page 21 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT - 1
FEDERAL RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $
(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows: rif
1. First applicable compliance reqUirement~e. ~~s~!.r. se 0 rce t be usedfor).
2. Second apPliCVbl crnffJe ui ., Wty i cipients of the
resourc1\. ~
3. Etc. 1 'V ~
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (/ist Federal agencv. Catalog of Federal Domestic Assistance title and number) - $
(amount)
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $
(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
$!
'f;
.~
Memorandtnn
To: City Clerk's Office
cc:
From: Steven T. Richart, UBSDM
Date: 4/10/2007
Re: FDOT - IP A Agreement
Good Afternoon.
Please have (4) originals (Joint Participation Agreement and Resolution 2007-16) signed by the
aBBlicable parties and returned to me for execution by the Florida Department of Transportation
(FDQT). I will return one original fully executed contract to the Clerk's Office once they are
returned to me by F T.
This I A is in onnection with Commission approved Item 200 on April 9, 2007.
1
FM#421855-1-58-01
Page I of21
Original Draft: 1/25/2007
Revised:
Financial Management No: Fund: DS Function: 215 FLAIR Approp: 088717
421855-1-58-01 FLAIR Obj.: 563007
Agency: City of Winter Springs Contract Amount: $142,000.00 Org. Code: 55054010508
Contract No: Vendor No.: F591026364005
JOINT P ARTICIP A TION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF WINTER SPRINGS
This AGREEMENT, made and entered into this _ day of ,2007,
by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
(hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), and is based on
the following premises:
WITNESSETH
WHEREAS, the parties have been granted specific legislative authority to enter into this
AGREEMENT pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution/Minutes, 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 generally described as: Landscaping Improvements on State
Road 434 between State Road 419 and Seminole County Cross Seminole Trail Bridge, in the
DEPARTMENT'S Fiscal Year 2007/2008. Said project being known as, Financial Management
Number 421855-1-58-01, Seminole County, in an amount not to exceed $142,000.00 (One
Hundred Forty Two Thousand and Noll 00 Dollars), hereinafter referred to as, the "PROJECT";
FM#421855-1-58-01
Page 2 of21
Original Draft: 1/25/2007
Revised:
and
WHEREAS, the PROJECT is not revenue producing and is contained in the Adopted Five
Year Work Program; and
WHEREAS, the implementation of the PROJECT is in the interest of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and
economical for the DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL
GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL
GOVERNMENT to perform the services to complete the PROJECT;
NOW THEREFORE, in consideration ofthe mutual benefits to be derived from the joint
participation of this AGREEMENT, the parties agree as follows:
1. The term of this AGREEMENT shall begin upon the date of signature of the last
party to sign. The LOCAL GOVERNMENT understands that construction ofthis PROJECT can not
begin until after July I, 2007, the funds have been authorized and the Notice to Proceed has been
issued.
Any work performed prior to July 1, 2007, the funds being authorized and the issuance ofthe Notice
to Proceed is not subject to reimbursement. The LOCAL GOVERNMENT agrees to complete the
PROJECT services on or before two years from the date of execution of this AGREEMENT. If the
LOCAL GOVERNMENT does not complete the PROJECT services within this time period, an
extension oftime for the PROJECT services must be requested by the LOCAL GOVERNMENT and
granted in writing by the DEP AR TMENT. The term of this AGREEMENT shall continue in effect
and be binding on the parties in perpetuity. The DEPARTMENT will review the need for
maintenance of the Improvements on a five year basis and ifit is determined by the DEPARTMENT
that maintenance of the Improvements is no longer needed, the DEPARTMENT may unilaterally
terminate the AGREEMENT.
FM#421855-1-58-01
Page 3 of21
Original Draft: 1/25/2007
Revised:
2. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT
suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications
covering all construction requirements for the PROJECT. The Local Government shall assure that
the design, construction, installation, and maintenance is consistent with and meets all criteria and
limitations of Rule 14-40, Florida Administrative Code, Part III as it relates to Vegetation
Management at Outdoor Advertising Signs. A detailed scope of the project is attached hereto as
Exhibit "A". Six (6) copies of the Design Plans shall be provided to the DEPARTMENT'S Project
Manager, at the address listed on Page 15. The DEPARTMENT shall review the plans for
conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of
delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an
adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes
requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final,
corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The
LOCAL GOVERNMENT shall provide a copy ofthe Final Bid documents to the DEPARTMENT.
The expenditure of funds pursuant to this AGREEMENT shall comply with the terms of
~334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal
regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase
large plant materials (large plant materials have been defined by the Florida Department of
Transportation to be five (5) gallon or larger containers as defined by the Florida Department of
Agriculture's "Grades and Standards for Nursery Plants") with the remaining funds for other plant
materials. All of the plant materials purchased shall be purchased from Florida-Based Nurseryman
stock on a uniform competitive bid basis.
3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. If
the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT, all
costs and expenses thereof shall not be subject to reimbursement. The reimbursement from the
DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is
FM#421855-1-58-0 1
Page 4 of21
Original Draft: 1/25/2007
Revised:
conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in
a manner consistent with the PROJECT construction plans.
4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT, excluding
LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and
subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive
progress payments as specified in Exhibit "C", or may receive a lump sum payment upon
completion and acceptance by the DEPARTMENT for all services required under this
AGREEMENT, not to exceed $142,000.00 (One Hundred Forty Two Thousand and No/100
Dollars) for actual costs incurred.
5. Reimbursement to the LOCAL GOVERNMENT is conditioned on the following:
A. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof;
and
B. That the LOCAL GOVERNMENT has completed, and the DEPARTMENT
has accepted, the portion of services being requested during the billing
period; and
C. Within 30 days after completion of the work authorized by this Joint
Participation Agreement, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the completion; and for all design work that
originally required certification by a Registered Landscape Architect, this
notification shall contain a Landscape Architect's Certification of Substantial
Compliance, signed and sealed by a Registered Landscape Architect, Exhibit
"D". The certification shall state that work has been completed in substantial
compliance with the PROJECT construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a
FM#421855-1-58-0 1
Page 5 of21
Original Draft: 1/25/2007
Revised:
list of all deviations along with an explanation that justifies the reason to
accept each deviation.
6. Participants providing goods and services to the DEPARTMENT should be aware of
the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to
inspect and approve the goods and services, unless the AGREEMENT specifies otherwise. The
DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department
of Financial Services. The twenty (20) days are measured from the latter ofthe date the invoice is
received or the goods or services are received, inspected and approved. If payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
participant. Interest penalties of less than one dollar ($1.00) will not be enforced unless the
participant requests payment. Invoices, which have to be returned to a Participant because of
participant preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A
Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Contractors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by
calling the Department of Financial Services Hotline at 1-800-848-3792 or by calling 1-850-410-
9724.
7. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the
DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals
established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised,
at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details
thereof. Either party to the AGREEMENT may request and shall, in a reasonable time thereafter, be
granted a conference with the other party.
FM#421855-1-58-0 1
Page 60f21
Original Draft: 1/25/2007
Revised:
8. The DEP AR TMENT and the LOCAL GOVERNMENT agree that until such time as
the landscaping is needed to be removed from the Right of Way, the LOCAL GOVERNMENT shall,
at all times, maintain the PROJECT in a reasonable manner and with due care in accordance with all
applicable DEPARTMENT guidelines, standards and procedures (Project Standards) and as herein
below specified.
a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping
installed on the project as specified in the Landscape Planes). Such
installation shall be in conformance with Florida Administrative Code Rule
14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT shall not change or deviate from said planes) without
written approval of the DEPARTMENT.
b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed
by the PROJECT in accordance with the Landscape Maintenance Planes).
Said maintenance will be in accordance with Florida Administrative Code
Rule 14-40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT'S responsibility for maintenance shall be consistent with
the requirements of Florida Administrative Code Rule 14.40.003(5), as it
may be amended from time to time. The maintenance functions to be
performed by the LOCAL GOVERNMENT shall be subject to periodic
inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not
change or deviate from said planes) without written approval of the
DEPARTMENT.
c.) All landscape installation and maintenance activities undertaken by the
LOCAL GOVERNMENT shall be in accordance with the Maintenance of
Traffic Planes).
FM#421855-1-58-01 Original Draft: 1/25/2007
Page 7 of 21 Revised:
d.) If at any time after the LOCAL GOVERNMENT has assumed the
landscaping installation or maintenance responsibility above-mentioned, it
shall come to the attention of the DEPARTMENT that the PROJECT, as will
be designed by the LOCAL GOVERNMENT, or a part thereof is not
properly installed or maintained pursuant to the terms of this AGREEMENT,
the District Secretary or his designee may issue a written notice that a
deficiency or deficiencies exist( s), by sending a certified letter to the LOCAL
GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof.
Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30)
calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT
may terminate the AGREEMENT, in which case the LOCAL
GOVERNMENT shall at its own expense and within sixty (60) calendar days
after written notice by the DEPARTMENT, remove all of the landscaping
that the DEPARTMENT directs be removed and return the Right-of- Way to
its original condition. The LOCAL GOVERNMENT will own such
materials it removes and the DEPARTMENT shall own any materials
remaining. When the DEPARTMENT determines that it is reasonably
necessary, the DEPARTMENT may remove, relocate or adjust the
landscaping materials.
e.) Prior to commencing the work described herein, the LOCAL
GOVERNMENT shall request and be issued a Notice to Proceed from the
DEPARTMENT'S Local Maintenance Engineer at (386) 740-3401. Any
work performed prior to the issuance ofthe Notice to Proceed is not subject
to reimbursement.
FM#421855-1-58-01
Page 8 of21
Original Draft: 1/25/2007
Revised:
f.)
This AGREEMENT supersedes the normal requirements of separate
DEPARTMENT permits for Right of Way utilization and this
AGREEMENT is deemed to constitute such a permit.
9. In the event this AGREEMENT is in excess of TWENTY FIVE THOUSAND AND
NOll 00 DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of
Section 339. 135(6)(a), Florida Statutes, are hereby incorporated:
"The DEPARTMENT during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the Department that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for a period exceeding one
(1) year, but any contract so made 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 (1) year."
In addition, in accordance with Florida Law, the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the legislature.
The parties agree that in the event funds are not appropriated to the DEPARTMENT for the
PROJECT, this AGREEMENT may be terminated, which shall be effective upon either party giving
notice to the other to that effect.
F~#421855-1-58-01
Page 90f21
Original Draft: 1/25/2007
Revised:
10. Records of costs incurred under the terms of this AGREEMENT shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this
AGREEMENT and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes
the LOCAL GOVERNMENT'S general accounting records and the project records, together with
supporting documents and records, ofthe contractor and all subcontractors performing work on the
PROJECT, and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
II. Audits: The administration of resources awarded by the DEPARTMENT to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the DEPARTMENT, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but
not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient
agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate
by the Department. In the event the Department determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the Department staffto the Local Government regarding such audit. The Local Government further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FDOT's Office oflnspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
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1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,
the recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-I33, as revised. EXHIBIT 1 to this agreement indicates
Federal resources awarded through the Department by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Department. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established
by OMB Circular A-I33, as revised. An audit of the recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-l33, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-l33, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. However, ifthe recipient elects to have an audit conducted in accordance with the
provisions ofOMB Circular A-l33, as revised, the cost of the audit must be paid from non-
Federal resources (Le., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name ofthe awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (Le. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes)
are to have audits done annually using the following criteria:
I. In the event that the recipient expends a total amount of state financial assistance equal to or
in excess of $500,000 in any fiscal year, the recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded
through the Department by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department, other state
agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
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Revised:
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient
shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. However, if the recipient elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title
and number, award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FDOT, the Department of Financial Services, and the Auditor
General. This section does not limit the authority of the Department to conduct or arrange
for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by PART I ofthis agreement shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
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B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the
number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-B3, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
120 I East lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-B3, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-B3, as revised, is not
required to be submitted to the Department for reasons pursuant to section .320 (e )(2), OMB
Circular A-B3, as revised, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of
expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy ofthe reporting package described in Section .320 (c), OMB Circular A-I33,
as revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
FM#421855-1-58-01
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Original Draft: 1/25/2007
Revised:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 40 I, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by P ART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attn: Dianne Peek-Audit Analyst
719 South Woodland Blvd. MS-549
DeLand, Florida 32720
5. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-l33, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PARTV: RECORD RETENTION
I. The recipient shall retain sufficient records demonstrating its compliance with the terms
of this agreement for a period of at least five years from the date the audit report is
issued, and shall allow the Department, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are
made available to the Department, or its designee, CFO, or Auditor General upon request
FM#421855-1-58-01
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Original Draft: 1/25/2007
Revised:
for a period of at least five years from the date the audit report is issued, unless extended
in writing by the Department.
12. After written notice and a reasonable opportunity to cure, either party may
unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes and made or received by such party in conjunction with this AGREEMENT.
13. This AGREEMENT constitutes the complete and final expression ofthe parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this AGREEMENT that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written.
14. This AGREEMENT shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
15. This AGREEMENT shall continue in effect and be binding on the parties until the
PROJECT is completed, any subsequent litigation is complete and terminated, final costs are
known, and legislatively appropriated reimbursements, if approved, are made by the
DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the PROJECT, in
whole or in part, if the DEPARTMENT determines that such action is in the best interest of the
public.
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Original Draft: 1/25/2007
Revised:
16. All notices required pursuant to the terms hereof shall be sent by first class United
States Mail. Unless prior written notification of an alternate mailing address is sent, all notices shall
be sent to the following addresses:
Florida Department of Transportation
Holly Lopenski
Special Projects/MS 4-549
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5520
holl .10 enski dot.state.fl.us
Christine Webb
Project Manager/MS 510
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5298
christine. webb dot.state.fl.us
The City of Winter Sprin!!s
Steven T. Richart
1126 East State Road 434
Winter Springs, Florida 32708
(407) 327-5976
srichart@winterspringsfl.org
17. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of
being placed on the convicted vendor list.
FM#421855-1-58-01
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Original Draft: 1/25/2007
Revised:
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this AGREEMENT
this~day of --4s\\ , 2007, and the DEPARTMENT has executed this
AGREEMENT this day of ,2007.
THE CITY OF WINTER SPRINGS
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT A nON
By: ~_~t ~
Nam~
Title:
By:
Name: George S. Lovett
Title: Director of Transportation Development
Attest: ,
Attest:
By:
(SEAL)
Name:
Title:
Executive Secretary
(SEAL)
Legal Review:
District Counsel
Financial Provision Approved on:
FM#421855-1-58-01
Page 17 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT" A"
SCOPE OF WORK
Financial Management Number 421855-1-58-01
The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed
landscaping improvements along State Road 434 in Seminole County, between State Road 419 and
Seminole County Cross Seminole Trail Bridge (spans section number 77070002 milepost 0.000 to
mile post 2.020 and section number 77070003 milepost 0.000 to milepost 0.316) and have
construction inspection done. The Florida Department of Transportation shall review such plans and
shall perform such inspections as may be required by the Department of Transportation.
Maintenance responsibilities for the landscaping improvements are as specified in the
AGREEMENT.
FM#421855-1-58-0 I
Page 18 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT "B"
RESOLUTIONIMINUTES
Financial Management Number: 421855-1-58-01
RESOLUTION NUMBER 2007-16
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER
INTO A JOINT PARTICIPATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights-of-way areas must be maintained and attractively landscaped: and
WHEREAS, the Mayor and City Commission desire that the City of Winter
Springs beautify and maintain various medians and rights-of-way areas within the City of
Winter Springs by landscaping to a higher standard than provided by FDOT; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish
to authorize the City Manager to enter into a Joint Participation Agreement for landscape
improvements on State Road 434, between State Road 419 and Seminole County Cross
Seminole Trail Bridge, between the City of Winter Springs and the Florida Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Joint Participation Agreement between the
City of Winter Springs and the State of Florida Department of Transportation in a form
acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to
send copies of this Resolution to the Department of Transportation and all other persons
as directed by the Mayor and City Commission.
SECTION III - This Resolution shall take effect immediately upon its passage
and approval.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
Regular Meeting assembled on the 9th day of April. 2007.
;(kd
ATTE~T:
~
A LORENZO-LUACES, City Clerk
City of Winter Springs, Florida
Resolution Number 2007-16
Page 2 of2
F~#421855-1-58-01
Page 19 of21
Original Draft: \/25/2007
Revised:
EXHIBIT "C"
Method of Compensation
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the LOCAL
GOVERNMENT for the services described in Exhibit "A" (Scope of Work) and method by which
payments will be made.
2.0 COMPENSATION
For satisfactory completion of all services detailed in Exhibit "A" (Scope of Work) of this
AGREEMENT, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to
exceed $142,000.00 (One Hundred Forty Two Thousand and No/100 Dollars) for actual costs
incurred.
The LOCAL GOVERNMENT may receive a progress payment at the time the plant
materials have been purchased, to the satisfaction ofthe DEPARTMENT when properly supported
by invoices or other acceptable evidence of payment. The remaining balance will be due upon the
completion and approval of the PROJECT services. Or, the LOCAL GOVERNMENT may receive
one lump sum payment upon completion and acceptance by the DEPARTMENT of all services
required under this AGREEMENT.
FM#421855-1-58-0 1
Page 20 of21
Original Draft: 1/25/2007
Revised:
Exhibit "D"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and
The City of Winter Springs
PROJECT DESCRIPTION: Landscaping Improvements on State Road 434 between State Road 419
and Seminole County Cross Seminole Trail Bridge
FINANCIAL MANAGEMENT ID#: 421855-1-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby provides notification that the work authorized by this AGREEMENT is complete as of
.200
LOCAL GOVERNMENT
By:
Name:
Title:
LANDSCAPE ARCHITECT'S CERTIFICATION OF SUBSTANTIAL COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the
undersigned hereby certifies that all work which originally required certification by a Registered Landscape
Architect has been completed in substantial compliance with the PROJECT construction plans and
specifications. If any deviations have been made from the approved plans, a list of all deviations along with
an explanation that justifies the reason to accept each deviation will be attached to this Certification.
SEAL:
By:
Name:
Date:
FM#421855-1-58-01
Page 21 of21
Original Draft: 1/25/2007
Revised:
EXHIBIT - 1
FEDERAL RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $
(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows: rtf
1. First applicable compliance reqUirementfiLe. ~~s/,~r, se 0 rce t be usedfor).
2. Second apPliCVbl crn:4fJe ui .,' Wty i cipients of the
resourc1\. ~
3. Etc. 1 'V q
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (/ist Federal agencv. Catalog of Federal Domestic Assistance title and number) - $
(amount)
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $
(amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
TELEPHONE: (407) 327-1800
FACSIMilE: (407) 327-4753
WEBSITE: www.winterspringsfl.org
April 19, 2007
Department of Transportation
719 South Woodland Boulevard
Deland, Florida 32720-6834
Attention: Ms. Christine Webb
Dear Ms. Webb:
Please find enclosed a copy of Resolution Number 2007-16 that was approved on April 9,
2007 by the City of Winter Springs.
Please feel free to contact me at (407) 327-5955 should you have any questions.
Sincerely,
"
drea Lorenzo-Luaces, CMC
tity Clerk
Enclosure
RESOLUTION NUMBER 2007-16
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER
INTO A JOINT P ARTICIP A TION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, many roadside areas and median strips abutting Department of
Transportation rights-of-way areas must be maintained and attractively landscaped: and
WHEREAS, the Mayor and City Commission desire that the City of Winter
Springs beautify and maintain various medians and rights-of-way areas within the City of
Winter Springs by landscaping to a higher standard than provided by FDOT; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish
to authorize the City Manager to enter into a Joint Participation Agreement for landscape
improvements on State Road 434, between State Road 419 and Seminole County Cross
Seminole Trail Bridge, between the City of Winter Springs and the Florida Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Joint Participation Agreement between the
City of Winter Springs and the State of Florida Department of Transportation in a form
acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed to
send copies of this Resolution to the Department of Transportation and all other persons
as directed by the Mayor and City Commission.
SECTION III - This Resolution shall take effect immediately upon its passage
and approval.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
Regular Meeting assembled on the 9th day of ApriL 2007.
LORENZO-LUACES, City Clerk
City of Winter Springs, Florida
Resolution Number 2007-16
Page 2 of2