Res 14-06
~
RESOLUTION 14-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY TO PARTICIPATE IN THE
EMERGENCY JOINT PARTICIPATION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (Department), is
allocating funds toward the repair of county roads in accordance with the Executive Order 05-
219 dated October 19,2005 for Hurricane Wilma; and
WHEREAS, the City shall provide debris removal and police maintenance of traffic
along roads classified by the Federal Highway Administration to be damaged by Hurricane
Wilma; and
WHEREAS, the Department has agreed to pay the City an amount not to exceed Two
Hundred Eighty Seven Thousand Four Hundred Forty Dollars and Fifty-Nine Cents
($287,440.59) for the City's satisfactory completion of all services on or before April 21, 2006;
and
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to enter
into the Agreement, hereby approves the Agreement, and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1.
herein.
The recitals set forth above are hereby incorporated as if fully set forth
Section 2. If any section, subsection, clause or provision of this resolution is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolutions or parts of resolutions in conflict herewith shall be and
hereby are repealed.
Section 4. This resolution shall take effect immediately upon adoption.
\ .lk. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
~- day of March, 2006.
~lt!A
A YOR '-
ATTEST:
\~ .~. SJ ~\~..IV
City Clerk
2
Resolution No. 14-06
. .
~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
'r,,, NW hi :\VLNI 'I II! 1;\\ HL\C'H, FLORIDA 33444
i'ITI.l'IlOt\I:: :'ill! ' '. j \C'SI:'vlJLE: ,)hll~n-47SS
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F L (). ,,"-
........
All-America City
, , II J! DATE:
TO:
1993
2001
MEMORANDUM
March 3. 2006
Mayor and City Commissioners
David T. Harden, City Manager
Chevelle Nubin, City Clerk
rtffJ
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Emerqencv Joint Participation Aqreement
Attached please find a Resolution #14-06 and an Agreement for Emergency Joint
Participation between the City and FOOT. The attached agreement provides that
FOOT will reimburse the City in an amount up to $287,440.59 for the City's
satisfactory removal of debris and provision of police maintenance of traffic along
roads classified by the Federal Highway Administration to be damaged by
Hurricane Wilma so long as all work is completed by April 21, 2006.
Please place this item on the City Commission agenda for March 6, 2006. Please
contact me at 243-7090 if you have any questions. Thank you.
TCB: smk
Attachment
~K,
Resolution 14-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
PARTICIPATE IN THE EMERGENCY JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (Department), is
allocating funds toward the repair of county roads in accordance with the Executive
Order 05-219 dated October 19, 2005 for Hurricane Wilma; and
WHEREAS, the City shall provide debris removal and police maintenance of
traffic along roads classified by the Federal Highway Administration to be damaged by
Hurricane Wilma; and
WHEREAS, the Department has agreed to pay the City an amount not to exceed
Two Hundred Eighty Seven Thousand Four Hundred Forty Dollars and Fifty-Nine Cents
($287,440.59) for the City's satisfactory completion of all services on or before April 21,
2006; and
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to
enter into the Agreement, hereby approves the Agreement, and authorizes the execution
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE OF DELRA Y BEACH, FLORIDA AS FOLLOWS!
Section 1.
forth herein.
The recitals set forth above are hereby incorporated as if fully set
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach
this day of March, 2006.
MAYOR
Attest:
City Clerk
Contract No.: .A...f'l' ....~9--
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EMERGENCY JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this 2..4<tn day oC.l1AQl"~ 200~, by and between the State
of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRAY
BEACH, located at 100 N.W. 1 st AVENUE, DELRA Y BEACH, FLORIDA 33444, hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT and the CITY are desirous of having the CITY provide debris removal and
police Maintenance of Traffic (MOT) along Federal Highway Administration (FHWA) functionally classified
road(s) damaged by Hurricane Wilma, as necessary. These hurricane emergency relief efforts are located
within Palm Beach County and are hereinafter referred to as the Project. Refer to Exhibit "A" of this
AGREEMENT for a detailed Scope of Services; and,
WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in
accordance with the Executive Order 05-219, dated October 19, 2005 for Hurricane Wilma, under the
Robert T. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs
for Financial Project Number(s): 420529-3-D8-03; 420529-3-L8-01Iisted in Exhibit "B" annexed hereto
and made a part hereof. All FHWA non-participating costs shall be borne by the CITY; and,
WHEREAS, the repairs of these FHWA functionally classified Federal-aid road(s) damaged by the Hurricane
Wilma are in the interest of both the DEPARTMENT and the CITY and it would be more practical, expeditious
and economical for the CITY to perform such activities; and,
WHEREAS, the CITY by Resolution No. \ '--\ - () \.p adopted on \\\t\,~ \.0 , 200 <0, acopyof'oM1ich
is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The CITY shall be responsible for assuring that the Project complies with all Federal Highway
Administration (FHWA) and DEPARTMENT standards.
3. The DEPARTMENT agrees to reimburse the CITY only for eligible costs associated with hurricane
emergency relief efforts & associated CEI services of the aforementioned improvements as stated in
the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto and made a
part hereof as Exhibit "B". All other costs are to be borne by the CITY.
For satisfactory completion of all services on or before April 21 , 2006, time being ofthe essence, and
as described in the attached Detailed Damage Inspection Report (DDIR), the DEPARTMENT will pay
the CITY funds received from FHWA a total amount not to exceed TWO HUNDRED EIGHTY SEVEN
THOUSAND FOUR HUNDRED FORTY DOLLARS AND FIFTY NINE CENTS ($287,440.59).
4. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the CITY.
Travel expenses are not authorized in this agreement. The CITY shall submit invoices for fees and
Page 1
other compensation for services or expenses in detail sufficient for a proper per-audit and post-audit
thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation at 3400 W.
Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn:William Wang
The CITY shall comply with the Federal and State Audit provisions set forth in Exhibit "D" which is
attached hereto and made part of this Agreement.
5. The Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered
by the CITY under any circumstances without the prior written consent of the DEPARTMENT.
However this Agreement shall run to the DEPARTMENT and its successors.
6. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until
June 30, 2007. All invoices and supporting documentation must be received by this date.
7. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into
any contracts which by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a
period of more than one (1) year.
8. Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the DEPARTMENT at all times during the period ofthis Agreement for five years after
final payment is made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting
records and the project records, together with supporting documents and records of the Contractor
and all subcontractors performing work on the project, and all records of the Contractor and
subcontractors considered necessary by the DEPARTMENT for the proper audit of costs.
9. The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public access to all
documents, papers, letters, of other material subject to the provisions of Chapter 119 of the Florida
Statutes, made or reviewed by the CITY in conjunction with this Agreement and shall make provisions
in its Agreements with its consultants and sub-consultants to terminate for failure to comply with this
provisions.
10. The CITY warrants that it has not employed or obtained any company or person, other than bona fide
employees of the CITY, to solicit or secure this Agreement, and it has not paid or agreed to pay any
company, corporation, individual orfirm, otherthan a bona fide employee employed by the CITY. For
breach or violation of this provision, the DEPARTMENT shall have the right to terminate the
Agreement without liability.
11. To the extent allowed by the Laws of Florida, the CITY hereby agrees to indemnify, defend, save, and
hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising
out of, because of, or due to any negligent or international act and/or occurrence, omission, or
commission of the CITY, its consultants, contractors, subcontractors, agents, and/or employees. It is
specifically understood and agreed that this indemnification clause does not cover or indemnify the
DEPARTMENT for its own negligence.
12. The Agreement is governed by and construed in accordance with the laws of the State of Florida.
Page 2
13. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor
rights in the Agreement. The CITY is hereby advised of the following time frames. Upon receipt, the
DEPARTMENT has ten (10) days to inspect the goods and services provided by the CITY. The
DEPARTMENT has twenty (20) days to deliver a request for payment to the DEPARTMENT of
Financial Services. The twenty days are measured from the latter of the date the invoice is received
or the goods and services are received, inspected and approved by theDEPARTMENT.
If payment is not available with forty (40) days a separate interest penalty at a rate as established
pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the CITY. Interest payments of less than one (1) dollar will not be enforced unless
the CITY requests payment. Invoices which have been returned to the CITY because of invoice
preparations errors will result in delay in the payment. The invoice payment requirements do no start
until a properly completed invoice is provided theDEPARTMENT.
Vendor Ombudsman has been established with the Department of Financial Services. The duties of
this individual include acting as an advocate for the CITY in the event that the CITY may be
experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services
Hotline 1-800-848-3792.
17. This document incorporates and includes all prior negotiations, correspondence, conversations,
Agreements, or understanding applicable to the matters contained herein, and the parties agree that
there are no commitments, Agreements or understanding concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representation or Agreements whether oral or
written. It is further agreed that no modification, amendment, or alteration in the terms and conditions
contained herein shall be effective unless contained in written document executed with the same
formality and of equal dignity herewith.
18. The DEPARTMENT agrees to pay the CITY for the services herein described at compensation as
detailed in this Agreement. Payment shall be made only after receipt and approval of goods and
services unless advance payments are authorized by the Department of Financial Services 215.422
(14), Florida Statute, or by the Department's Comptroller under section 334.044(29), Florida Statutes.
19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases or real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or a consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
20. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida
Legislature.
21. The DEPARTMENTwill consider the employment by any contractor of unauthorized aliens a violation
of Section 274Age) of the Immigration and nationality Act. If the participant knowingly employees
unauthorized aliens, such violation shall be cause for unilateral cancellations of this agreement.
22. Any or all notices (except invoices) given or required under this Agreement shall be in writing and
either personally delivered with receipt acknowledged or sent by certified mail, return receipt
requested. All notices delivered shall be sent to the following address:
Page 3
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: William Wang
A second copy to: District General Counsel
If to the CITY:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
With a copy to: Yvonne Walker
Asst. Director of Public Works
With a second copy to: Attorney
***
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. Authorization has been given to enter intoand execute this Agreement by Resolution No.
/4} . C4 ,hereto attached.
BY:
NAME:
TITLE:
CITY OF DELRA Y BEACH
ATTEST:
APPROVED: (AS TO FORM)
~~.~~j~~
CITY CLERK (SEAL).J
.........-
APPROVED:
APPROVED:
BY: ,~~~
~.CITY ATTORNEY Ov
BY: ~\'J~
PROFESSIONAL SERVICES ADMINISTRATOR
Page 4
EXHIBIT A
SCOPE OF SERVICES
As a result of Hurricane Wilma, the CITY will perform "Emergency" work described in the signed Detailed
Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during
Hurricane Wilma. The DEPARTMENT will seek the maximum amount of FHWA funding available for
reimbursement to the CITY.
The CITY will be responsible for verification of eligibility and costs and will submit the supporting
documentation directly to the DEPARTMENTfor review and approval. All work is subject to meeting eligibility
criteria. It is the responsibility of the agency performing the work to provide the documentation necessary to
justify the eligibility of items of work and the actual costs incurred for the emergency work described in the
DDIR's. Each agency will submit with each invoice and supporting documentation package certification of
work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document.
This document must be filled out completely and notarized.
The CITY shall submit for payment with supporting documentation described above no more than ninety (90)
days after work is completed or from the execution date of this JPA.
-I
o
-I
)>
r.
~
....
N
CD
N
o
Co
.....
.....
:iE
<0
w
b
~
0:>
~
N
o
01
N
to
W
m
0:>
b
.!':l
~
N
o
01
N
to
W
"
0:>
b
~
""0
III
3"
III
(I)
III
C'l
::r
(')
o
r::
~
::>
CII
~
N
W
o
o
""0
o
~
o
o
~
N
W
o
o
o
o
o
o
o
:iE
<0
w
b
.....
~~
1'01'0
00
01 01
1'0 N
cpcp
Ww
mo
0:>0:>
b6
w~
~
1'0
o
01
1'0
to
W
r-
0:>
b
~
Q
s.
~
~
""0
III
3"
III
(I)
III
C'l
::r
Cl
(I)
g-
~
""0
Q.
0'
It
~
::>
~
~
:..
0:>
0:>
""0
o
~
o
o
~
~
0:>
0:>
o
o
o
o
o
:iE
<0
w
~
01
~
1'0
o
01
1'0
to
W
6
0:>
b
,~
~
1'0
o
01
1'0
to
W
r-
0:>
b
(')
;::;.:
Cl
(I)
g-
~
""0
Q.
~'
~
N
0:>
.....
~
~
~
01
to
~
1'0
0:>
.....
~
~
~
01
to
:iE
<0
w
b
~
~
~~
1'01'0
00
01 01
NN
c.pcp
ww
66
0:>0:>
bo
~N
~
1'0
o
01
1'0
to
W
m
0:>
b
~
0-
::>
Cl
(I)
g-
iii'
~
1'0
~
.....
,to
0:>
~
o
o
{R
,N
~
.....
,to
0:>
~
o
o
:iE
<0
w
b
o
Ol
~
1'0
o
01
1'0
to
W
0,
Ol
b
Ol
~
iii"
(I)
o
-
G)
o
:::;;
Cl
(I)
g-
iir
~
~
~
in
Ol
o
o
o
~
~
in
Ol
o
o
o
:iE
<0
w
b
o
01
~
1'0
o
01
1'0
to
W
6
0:>
~
-I
o
:E
::>
S.
r-
III
A
(I)
(')
iii"
:;1-
(I)
en
::r
o
CD
CII
Cl
(I)
g-
iii'
{R
0:>
'Ol
~
.....
~
01
~
0:>
in
~
.....
.....
01
:iE
<0
w
b
o
~
~
1'0
o
01
N
to
W
6
0>
b
01
-I
o
:E
::>
S.
t..
r::
:iE
0;
Ol
b
~
~
~-I>o
1'01'0
00
01 01
1'01'0
mOl
w~
&.6
No:>
bb
,N~
~~
1'01'0
00
0101
1'01'0
mOl
WW
a,r-
~ 0:>
bb
I\Jw"'7
Q
:iE
0;
Ol
b
~
~
~
1'0
o
01
1'0
Ol
w
6
0:>
b
1'0
~
1'0
o
01
1'0
Ol
W
U,
1'0
~
(')
;::;.:
:iE
0;
Ol
b
~
o
~
1'0
o
01
1'0
Ol
w
6
0:>
b
~
Q
~
Cl
(I)
g-
iii'
~
1'0
01
.....
0:>
.....
~
i:n
to
~
1'0
01
.....
0,
.....
~
i:n
to
Q,
I
~
iii"
::>
0.
III
iD
III
(I)
III
C'l
::r
Cl
(I)
g-
,ii!'
""0
Q.
0'
(I)
en
a:
(I)
:E
III
;;;:
~
1'0
o
,01
01
o
o
o
~
1'0
o
5.11
~
01
o
o
o
III
CD
Cl
CD
g-
~.
sa
CD
!ll.
Co
::r
Iii
{R
~
w
~
~
o
o
o
o
o
{R
~
w
~
""0
o
~
o
o
Cl
III
::>
iii'
III
(I)
III
C'l
::r
Cl
(I)
g-
iii'
~
~
01
(0
0:>
~
0:>
~
~
,01
to
0:>
~
0:>
:iE
0;
Ol
b
o
0:>
:iE
o;~
o/'lllCl
g-g Q
-..J;::I.~
'II:
~
1'0
o
01
1'0
0/'
~
6
0:>
b
~
f-
~
1'0
o
01
1'0
Ol
w
6 ~
0:> III
~ 3'
" ..,,[
~3:iil
N'II:lll
~ 3
1'0 (I)
~ a
m
0:>
~
III
o
:E
III
a.
(')
o
r::
~
(')
~
s.
~
ClIo
0-0
::> ~
-
o'
::l
Cl
(I)
g-
iii'
f-~
Cl
(I)
g-
iii'
0,0
~' m
::> C'l
m~
o'
::l
~
~
~m
,w 3
1'0(1)
0:>1cd
,01 III
to::l
~~
Ol
~f-
01
~
,0
o
o
o
o
o
~
01
~
,0
o
o
o
o
o
CJl
{Rr::
wc"
, -
NO
0:>-
01~
'to CII
-1>0
Ol
i:n
0:>
IllZO-l
(j)r::m::r
::> 3 ""0 CD
~C")>(')
~~~O
-, ~ 3: C
<e,"" m Z
~~ Z ~
. 0' -of ......
:.g-Q
ifi 5' ~
III (0 -
35'-1
o CD 0
~~~
O(O:E
5'-g ==
(I) ~
en &:
3'
CT
r::
<i1
(I)
0.
(j)
C'l
(I)
-I <'
::r(l)
(I)
n~
og
-IC(j)
::rZCII
(I) ~ CII
5" """"C
~ Q~
&i" ~ ~
-::>
~alii
:Ego
Z
~~
~' ~'
o CII
0'
III g
CII
(I)
0.
::>
~
CT
(I)
III
C'l
C'l
CD
"t:l
CD
0.5'
:::;';(1)
5'0
(I) m 0
CII "'tl::>
{5 )> 5'
"t:l ~ (I)
g,3::E
5' m 0
~~:;1-
g:E::r
t::5t!!
~ III ::r
::>CTlll
~~O"
0' A III
::> 0. (I)
Cii" 0 :::J
:E C'l
S' ::I 0
8~~
30iD
~QCD
CD~o.
III g: g:
::>0.0.
a=!!w
~ ::> C'l
5' III C'l
< ::l (I)
o C'l"t:l
~'~ ~
o.""OCT
8 .2. '<
(JJ t'D :;:
ur~C1>
~
r
s:
>
"TI
:J:
:E
>
I
m
;;0
o
Q
;;0
>
Z
o
:!!
z
>
z
o
):
r
"'tJ
;;0
o
c...
m
o
-I
Z
C
s:
OJ
m
;;0
en
m
><
:J:
OJ
::j
~
Exhibit C
CERTIFICATION AS TO ACCURACY OF PAYMENT
The undersigned , on behalf of and as a duly authorized representative
of, ' (hereinafter referred to as the "Agency") hereby certifies,
to the best of Agency's knowledge, infprmation and belief, to the Florida Department of Transportation
(hereinafter referred to as the "Department") as follows:
1. That the Invoice/Reimbursement Request package for Joint Participation Agreement Number
, Financial Project Number(s) , (hereinafter referred to as
the "Invoice") is in compliance with the Agreement, FHWA ER Manual or other acceptable plan as
developed by the Agency; and
2, That the Invoice is true and correct as determined by the Agency's reasonable and
independent investigation, measurements and verification of work performed; and
3. That the Agency hereby recommends that the Department make payment based on the
attached Invoice and supporting documentation; and
4. That the Agency hereby agrees to indemnify and hold the Florida Department of
Transportation, its officers and employees harmless from all liabilities, damages, costs, and attorney
fees incurred and paid as a result of the negligence, recklessness, or intentional wrongful misconduct of
the Agency and persons employed or utilized by the Agency in the preparation and/or audit of the
Invoice, supporting documentation, and execution of the work as outlined in the Scope of Services.
The Department also reserves the right to recover from the Agency any increased costs, delays or
other damages to the Department due to errors and/or omissions under applicable Florida Statutes
(334.044(2); 334.048.20.23(3)(a) and 337.015).
5. Monetary Amount Submitted
A false statement or omission made in
connection with this certification is sufficient
cause for suspension, revocation or denial of
payment, and may subject the person and/or
entity making false statement to any or all civil
and criminal penalties available pursuant to
applicable Federal and State Law.
State of Florida
County of
Sworn to and subscribed before me this _ day of
, by
(Print name of the person signing the Certification)
Notary Public
Commission Expires
Authorized Agency Official
Personally Known _OR Produced Identification_
By
Type of Identification Produced
Title
EXHIBIT "0"
FEDERALLY FUNDED CONTRACTS
The administration of resources awarded by the Department to CITY OF DELRA Y BEACH may be
subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to CITY OF DELRA Y BEACH regarding such audit CITY OF DELRA Y BEACH further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
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, if the recipient elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA)
title and number, award number and year, and name of the awarding federal agency.
PART II: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the FDOT, the Department of Financial Services, and the Auditor
General. This section does not limit the authority of the Department to conduct or arrange
for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any other state official.
PART III: REPORT SUBMISSION
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-133, as revised, by or on behalf of the recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not required
to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular
A-133, as revised, the recipient shall submit the required written notification pursuant to
Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly to each of the following:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
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 IV: 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 for a
period of at least five years from the date the audit report is issued, unless extended in
writing by the Department.
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Federal Program: (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING tt CONSTRUCTION
20.205) - TWO HUNDRED EIGHTY SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS AND
FIFTY NINE CENTS ($287,440.59)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. See attached Exhibit "A", Scope of Services
2. a) Most projects are administered by or through State Transportation Departments or
Federal agencies.
b) Territorial highway projects are funded in the same manner as other Federal-aid
highway projects, with territorial transportation agency functioning as the State
Transportation Agency. Eligible activities and allowable costs will be determined in
accordance with Title 23 and the OMB cost principles applicable to the recipient/sub-
recipient.
c) The Emergency Relief (ER) program is intended to aid State in repairing road facilities
which have suffered widespread serious damage resulting from a natural disaster over a
wide area or serious damage from a catastrophic failure.
.. . ~'<\:;-~.f'..
RESOLUTION 14-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AUTHORIZING THE CITY TO PARTICIPATE IN THE
EMERGENCY JOINT PARTICIPATION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (Department), is
allocating funds toward the repair of county roads in accordance with the Executive Order 05-
219 dated October 19,2005 for Hurricane Wilma; and
WHEREAS, the City shall provide debris removal and police maintenance of traffic
along roads classified by the Federal Highway Administration to be damaged by Hurricane
Wilma; and
WHEREAS, the Department has agreed to pay the City an amount not to exceed Two
Hundred Eighty Seven Thousand Four Hundred Forty Dollars and Fifty-Nine Cents
($287,440.59) for the City's satisfactory completion of all services on or before April 21, 2006;
and
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to enter
into the Agreement, hereby approves the Agreement, and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1.
herein.
The recitals set forth above are hereby incorporated as if fully set forth
Section 2. If any section, subsection, clause or provision of this resolution is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolutions or parts of resolutions in conflict herewith shall be and
hereby are repealed.
Section 4. This resolution shall take effect immediately upon adoption.
; ,,'..;..'~:. ,
',',','\',
,,,~~.:"':.<
":::.~~~~;.':.;,
I
(
\
\ ~ PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
\.1t"'''-' day of March, 2006.
~l~
A YOR "-
ATTEST:
~~ a~ SJ "-\~:IV
City Clerk
2 Resolution No. 14-06
a..l
.,
The job FI989NDR; user I.D.
FI989ND <MVS@DOT>
03/21/200603:46 PM
To PF415LK@dot.state.fl.us
cc
bcc
Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AOC89
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AOC89 Contract Type: AK
Vendor Name: CITY OF DELRAY BEACH
Vendor ID: VF596000308007
Beginning date of this Agmt: 03/22/06
Ending date of this Agmt: 06/30/07
Method of Procurement: G
Description:
Emergency JPA - Wilma
************************************************************************
************************************************************************
ORG-CODE *EO
(FISCAL YEAR)
AMENDMENT ID
*OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
*BUDGET ENTITY *CATEGORY/CAT YEAR
*SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
Action: ORIGINAL
************************************************************************
Funds have been: APPROVED
55 044020489 *WH
2006
0001
*242000 *
*55150200
*00 *
241378.59 *4205293D803
*089958/06
*0001/04
*704
*
Action: ORIGINAL
------------------------------------------------------------------------
Funds have been: APPROVED
55 044020489 *WH
2006
0001
*242000 *
*55150200
*01 *
46062.00 *4205293L801
*089958/06
*0002/04
*987
*
TOTAL AMOUNT:
*$
------------------------------------------------------------------------
287,440.59 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 03/21/2006
JEB BUSH
GOVERNOR
~
Florida Department - of Transportation
PROFESSIONAL AND OTHER CONTRACfUAL SERVIC~S - DISTRICT 4
3400 West Commercial Boulevard, Fort Lauderdale, Flonda 33309-3421
Telephone: (954) 777-4603 Fax: (954) 777-4602
March I, 2006
DENVER J. STUTLER, JR.
SECRETARY
Ms. Yvonne Walton
City of Delray Beach
100 N.W. 1st Avenue
DeIray Beach, FL 33444
f
'\
,
,
RECEiVEd
MAR 0 2 2006
ACCOUNTS PAYAblE
RE: Emergency Joint Participation Agreement
FM# 420529-3-D8-03; 420529-3-L8-01
Dear Ms. Walton:
I am enclosing five (5) copies of the Emergency Joint Participation Agreement (JP A) for the above referenced
project.
Please DO NOT fill in the date of the contract(s). The dale of the contract shall be completed by our staff upon
execu1ion by the Departmen1 of Transportation's Director of Transportation Support. A fully executed copy of both
agreements will then be forwarded to you for your files.
In addition to returning the five signed original agreements, please forward:
· Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution
of the JP A.
If it is not possible to obtain the resolutions, please forward:
· Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved
for execution.
Should you have any questions, please contact me aI954-777-2285.
Sdr~ ~ce
Leos A. Kennedy, Jr.
Professional Services Unit
Enclosure:
Copy:
JP A Agreement
William Wang- FDOT Projec1 Manager
File
www.dot.stateJl.us
* RECYCLED PAPER
Contract No.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EMERGENCY JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this day of 200_, by and between the State
of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRAY
BEACH, located at 100 N.W. 1st AVENUE, DELRA Y BEACH, FLORIDA 33444, hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT and the CITY are desirous of having the CITY provide debris removal and
police Maintenance of Traffic (MOT) along Federal Highway Administration (FHWA) functionally classified
road(s) damaged by Hurricane Wilma, as necessary. These hurricane emergency relief efforts are located
within Palm Beach County and are hereinafter referred to as the Project. Refer to Exhibit "A" of this
AGREEMENT for a detailed Scope of Services; and,
WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in
accordance with the Executive Order 05-219, dated October 19,2005 for Hurricane Wilma, under the
Robert T. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs
for Financial Project Number(s):420529-3-D8-03; 420529-3-L8-01Iisted in Exhibit "B" annexed hereto
and made a part hereof. All FHWA non-participating costs shall be borne by the CITY; and,
WHEREAS, the repairs of these FHWA functionally classified Federal-aid road(s) damaged by the Hurricane
Wilma are in the interest of both the DEPARTMENT and the CITY and it would be more practical, expeditious
and economical for the CITY to perform such activities; and,
WHEREAS, the CITY by Resolution No. adopted on ,200_,acopyofv.11ich
is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The CITY shall be responsible for assuring that the Project complies with all Federal Highway
Administration (FHWA) and DEPARTMENT standards.
3. The DEPARTMENT agrees to reimburse the CITY only for eligible costs associated with hurricane
emergency relief efforts & associated CEI services ofthe aforementioned improvements as stated in
the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto and made a
part hereof as Exhibit "B". All other costs are to be borne by the CITY.
For satisfactory completion of all services on or before April 21 ,2006, time being of the essence, and
as described in the attached Detailed Damage Inspection Report (DDIR), the DEPARTMENT will pay
the CITY funds received from FHWA a total amount not to exceed TWO HUNDRED EIGHTY SEVEN
THOUSAND FOUR HUNDRED FORTY DOLLARS AND FIFTY NINE CENTS ($287,440.59).
4. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the CITY.
Travel expenses are not authorized in this agreement. The CITY shall submit invoices for fees and
Page 1
other compensation for services or expenses in detail sufficient for a proper per-audit and post-audit
thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation at 3400 W.
Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn:William Wang
The CITY shall comply with the Federal and State Audit provisions set forth in Exhibit "D" which is
attached hereto and made part of this Agreement.
5. The Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered
by the CITY under any circumstances without the prior written consent of the DEPARTMENT.
However this Agreement shall run to the DEPARTMENT and its successors.
6. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until
June 30, 2007. All invoices and supporting documentation must be received by this date.
7. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into
any contracts which by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a
period of more than one (1) year.
8. Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the DEPARTM ENT at all times during the period of this Agreement for five years after
final payment is made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting
records and the project records, together with supporting documents and records of the Contractor
and all subcontractors performing work on the project, and all records of the Contractor and
subcontractors considered necessary by the DEPARTMENT for the proper audit of costs.
9. The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public access to all
documents, papers, letters, of other material subject to the provisions of Chapter 119 of the Florida
Statutes, made or reviewed by the CITY in conjunction with this Agreement and shall make provisions
in its Agreements with its consultants and sub-consultants to terminate for failure to comply with this
provisions.
10. The CITY warrants that it has not employed or obtained any company or person, other than bona fide
employees of the CITY, to solicit or secure this Agreement, and it has not paid or agreed to pay any
company, corporation, individual orfirm, other than a bona fide employee employed by the CITY. For
breach or violation of this provision, the DEPARTMENT shall have the right to terminate the
Agreement without liability.
11. To the extent allowed by the Laws of Florida, the CITY hereby agrees to indemnify, defend, save, and
hold harmless the DEPARTMENTfrom all claims, demands liabilities, and suits of any nature arising
out of, because of, or due to any negligent or international act and/or occurrence, omission, or
commission of the CITY, its consultants, contractors, subcontractors, agents, and/or employees. It is
specifically understood and agreed that this indemnification clause does not cover or indemnify the
DEPARTMENTfor its own negligence.
12. The Agreement is governed by and construed in accordance with the laws of the State of Florida.
Page 2
13. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor
rights in the Agreement. The CITY is hereby advised of the following time frames. Upon receipt, the
DEPARTMENT has ten (10) days to inspect the goods and services provided by the CITY. The
DEPARTMENT has twenty (20) days to deliver a request for payment to the DEPARTMENT of
Financial Services. The twenty days are measured from the latter of the date the invoice is received
or the goods and services are received, inspected and approved by theDEPARTMENT.
If payment is not available with forty (40) days a separate interest penalty at a rate as established
pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the CITY. Interest payments of less than one (1) dollar will not be enforced unless
the CITY requests payment. Invoices which have been retumed to the CITY because of invoice
preparations errors will result in delay in the payment. The invoice payment requirements do no start
until a properly completed invoice is provided theDEPARTMENT.
Vendor Ombudsman has been established with the Department of Financial Services. The duties of
this individual include acting as an advocate for the CITY in the event that the CITY may be
experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services
Hotline 1-800-848-3792.
17. This document incorporates and includes all prior negotiations, correspondence, conversations,
Agreements, or understanding applicable to the matters contained herein, and the parties agree that
there are no commitments, Agreements or understanding concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representation or Agreements whether oral or
written. It is further agreed that no modification, amendment, or alteration in the terms and conditions
contained herein shall be effective unless contained in written document executed with the same
formality and of equal dignity herewith.
18. The DEPARTMENT agrees to pay the CITY for the services herein described at compensation as
detailed in this Agreement. Payment shall be made only after receipt and approval of goods and
services unless advance payments are authorized by the Department of Financial Services 215.422
(14), Florida Statute, or by the Department's Comptroller under section 334.044(29), Florida Statutes.
19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases or real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or a consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
20. The DEPARTMENTS obligation to pay is contingent upon an annual appropriation by the Florida
Legislature.
21. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation
of Section 274Age) of the Immigration and nationality Act. If the participant knowingly employees
unauthorized aliens, such violation shall be cause for unilateral cancellations of this agreement.
22. Any or all notices (except invoices) given or required under this Agreement shall be in writing and
either personally delivered with receipt acknowledged or sent by certified mail, return receipt
requested. All notices delivered shall be sent to the following address:
Page 3
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Blvd.
Fort Lauderdale, Florida 33309-3421
Attn: Leos A. Kennedy, Jr.
With a copy to: William Wang
A second copy to: District General Counsel
If to the CITY:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
With a copy to: Yvonne Walker
Asst. Director of Public Works
With a second copy to: Attorney
***
IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution No.
, hereto attached.
CITY OF DELRA Y BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
NAME:
TITLE:
BY:
ROSIEL YN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
ATTEST:
APPROVED: (AS TO FORM)
CITY CLERK
(SEAL)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
APPROVED:
BY:
CITY ATTORNEY
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
Page 4
EXHIBIT A
SCOPE OF SERVICES
/
As a result of Hurricane Wilma, the CITY will perform "Emergency" work described in the signed Detailed
Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during
Hurricane Wilma. The DEPARTMENT will seek the maximum amount of FHWA funding available for
reimbursement to the CITY.
The CITY will be responsible for verification of eligibility and costs and will submit the supporting
documentation directly to the DEPARTMENTfor review and approval. All work is subject to meeting eligibility
criteria. It is the responsibility of the agency performing the work to provide the documentation necessary to
justify the eligibility of items of work and the actual costs incurred for the emergency work described in the
DDIR's. Each agency will submit with each invoice and supporting documentation package certification of
work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document.
This document must be filled out completely and notarized.
The CITY shall submit for payment with supporting documentation described above no more than ninety (90)
days after work is completed or from the execution date of this JPA.
lD
I-
m
:2
x
w
'"
ll:
w
m
::E
:::>
z
I-
o
W
...,
o
ll:
Q.
..J
<(
(j
z
<(
z
ii:
c
z
<(
ll:
15
c
ll:
w
..(
~
J:
u.
<(
::E
..J
;:
~~~
>,0'8
.cQ:"O
~ ii .~
a.'u ~
., e c
u ra --
~ .S 0
"''0
-g-cc:
rn ~ :
'Oo::];!
~ a a.
.!leE
E~8
o c: .5
u 3:: .~
c 0
., '0 c
~ ~ ,2
~S
gJ .0 c
..c ra E
m=:::I
:5 .~ g
,..'0
'" Z co
oW c
3:::Et:
.,,..0
..c. a:: g:;
-..;"
ca...
ow.,
"'Co;
.,., -
~~
l/l '0
B .~
.~
.,
..
'0
.,
c.
.,
u
u
..
.,
.a
"3
z'5
.E3:r::
~ ~ 'i
~ ~.~
~u g
Q. _ c
..~;;;
"z'"
e::>>1-
0) 0 "t:i
!:!UIll
a.C1J~
""'.a
>"'E
"8 .; "5ii
~ 0 _
.~ ~
';: ~~
~::
~=c:
>.0"
0., 0
..."'E
- ..
~.~ ~
u"'Co
~ !Z ~~
ZWL1.~
=:I :E -.-
o~lii~
U<.oo
a. E C
~~~~
oo
'"
<0
...
.."'.
-'"
.i!!oo
,SN_
.aM
,,'"
'"
oo
'"
1;<0
e;:l;
~"'
~OO
.,N
EM
w'"
e
0
~l/l
uL!~
lG .-
0"'.
.~
.Q
.,
_t?
e
0
i C
u
0 0
..J 'in
~
'0
Z-
0
0
a,
w
1:: M
.;,
., N
E '"
cu=tt~
12::;...
~LI..":_:
E 0
';; a,
'" 0
M
.;,
N
'"
0
N
.:!.
..
"'~""
i5 ~8
0.,-
"'~
~
0 oo 0 0 '" '" 0 0 ", 0 0 ""
0 0 0 "! "" 0 0 '" 0 0 ""
0 0 0 0 ;::: ...: 0 0 0 0 0 .,
0 oo 0 '" ... '" oo ... 0 0 0
0 ", o. oo '" "'. ... 0 0 N
0 "' :;: "' '" a; - ai '" a; 0 '"
... ;;; 0 '" '" ;;; "" oo oo 0 N
"'. M. N N ... N ~. M ~
;;; ;;; '" '" N '" ;;; N ..
'" '"
0 oo 0 0 '" "' 0 0 ", 0 0 .:.;
0 0 0 '" "" 0 0 '" 0 0
0 0 0 0 - ...: 0 0 0 0 0 ..;
...
0 oo 0 '" "" ... '" oo :j: 0 0 0
0 ", 0. oo '" "'. 0 0
0 "' :;: "' '" a; ai '" oo. 0 ...
... ;;; 0 "' .. "" oo oo 0
"'. M. N N .. ... N - M
;;; ;;; .. .. N .. ;;; N
.. '"
~
OJ
00 3
:E ., C
'0
::J en en
;; "~ .~ II 00
~ '0 '0 '0 C
u; a. 0. 0. en
.!!i ;,; ,~ 00 00 - -
,~ .~ .~ .~ .~ OJ
.Q .Q .Q 'C .Q 'c "C .Q .Q .Q C
.0 .0 .0
., ., ., ., ., " " " " ., en
0 0 0 0 0 0 0 0 0 0
00
~
'" 0 '"
u '" u
.. '" ..
" " '" "
'" OJ '" u OJ
u .. E C
.. " .. " "
" OJ 0 OJ
C OJ " '0 ~ OJ 0
1ii - 0. t.l
" .. C " '0
0 'c .!!! ~ C!) f! 'in '"
t.l OJ ~ .. a; ~ u
.. ~ .J '0 ..
1" 0 :J: '0 '0 0 "
.. '0 " '0 '0 OJ
3 C C E
0 3 3 ~ ~ OJ
iD 0 0 0 0 0 :> :> 0 0
... ... a.
0 ~N 0 0 M 0
00 0
N - - a, a, a, a,
oo -
'" ,,~ W .J .J U.
M M M M M
J, r'?cD d, d, d, d,
"'N
N N", N N N N
'" "'0 '" '" '" '"
0 ON 0 0 0 0
N <;;... N N N N
... ... ... ... ...
0 <l; N M'. '" 9 '" (-.J-...... M mM N
0 ON 0 0 00 0 9C? 0
a, a, a, to'? a, oo J, ciJcb a, oooo a,
'" 0 0 of;j 0 0 oo oC!) '" ow w
M M chch M M M c?r? M c0M M
.;, J, J, ~cD d, d, d, ",,,, d, 0,0, :iJ
N N N NN N N N NN N NN
'" '" '" "'''' '" '" "' "'"' '" '" '" "'
0 0 0 00 0 0 0 00 0 00 0
N N N NN N N N NN N NN N
... ... ... ...... ... ... ... ...... ... ... ... ...
oo 0 ~ ... ... "' '" ... '" "" oo
0 0 0 0 0 0 0 0 0 9 0
0 9 9 0
J, .;, J, .}, M M M M M M M
oo oo oo oo '" '" ", ", ", ", ",
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Exhibit C
CERTIFICATION AS TO ACCURACY OF PAYMENT
The undersigned , on behalf of and as a duly authorized representative
of, ' (hereinafter referred to as the "Agency") hereby certifies,
to the best of Agency's knowledge, infprmation and belief, to the Florida Department of Transportation
(hereinafter referred to as the "Department") as follows:
1. That the Invoice/Reimbursement Request package for Joint Participation Agreement Number
, Financial Project Number(s) , (hereinafter referred to as
the "Invoice") is in compliance with the Agreement, FHWA ER Manual or other acceptable plan as
developed by the Agency; and
2. That the Invoice is true and correct as determined by the Agency's reasonable and
independent investigation, measurements and verification of work performed; and
3. That the Agency hereby recommends that the Department make payment based on the
attached Invoice and supporting documentation; and
4. That the Agency hereby agrees to Indemnify and hold the Florida Department of
Transportation. its officers and employees harmless from all liabilities, damages, costs, and attorney
fees incurred and paid as a result of the negligence, recklessness, or intentional wrongful misconduct of
the Agency and persons employed or utilized by the Agency in the preparation and/or audit of the
Invoice, supporting documentation, and execution of the work as outlined in the Scope of Services.
The Department also reserves the right to recover from the Agency any increased costs, delays or
other damages to the Department due to errors and/or omissions under applicable Florida Statutes
(334.044(2); 334.048.20.23(3)(a) and 337.015).
5. Monetary Amount Submitted
A false statement or omissIon made in
connection with this certification is sufficient
cause for suspension, revocation or denial of
payment, and may subject the person and/or
entity making false statement to any or all civil
and criminal penalties available pursuant to
applicable Federal and State Law,
State of Florida
County of
Sworn to and subscribed before me this _ day of
, by
(Print name of the person signing the Certification)
Notary Public
Commission Expires
Authorized Agency Officiai
Personally Known _OR Produced Identification_
By
Type of Identification Produced
Title
EXHIBIT "D"
FEDERALLY FUNDED CONTRACTS
The administration of resources awarded by the Department to CITY OF DELRAY BEACH may be
subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-
133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to CITY OF DELRAY BEACH regarding such audit CITY OF DELRAY BEACH further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
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, if the recipient elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA)
title and number, award number and year, and name of the awarding federal agency.
PART II: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status
of the audit findings is required. Current year audit findings require corrective action and
status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to project records and audit work
papers shall be given to the 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 III: 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-133, as revised, by or on behalf of the recipient directly to
each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not required
to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular
A-133, as revised, the recipient shall submit the required written notification pursuant to
Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly to each of the following:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at each of
the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation,
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Antonette P. Adams, Professional Services Administrator
William Wang, Project Manager
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 IV: 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 for a
period of at least five years from the date the audit report is issued, unless extended in
writing by the Department.
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Federal Program: (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING Ii: CONSTRUCTION
20.205) - TWO HUNDRED EIGHTY SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS AND
FIFTY NINE CENTS ($287,440.59)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows;
1. See attached Exhibit "A", Scope of Services
2. a) Most projects are administered by or through State Transportation Departments or
Federal agencies.
b) Territorial highway projects are funded in the same manner as other Federal-aid
highway projects, with territorial transportation agency functioning as the State
Transportation Agency. Eligible activities and allowable costs will be determined in
accordance with Title 23 and the OMB cost principles applicable to the recipient/sub-
recipient.
c) The Emergency Relief (ER) program is intended to aid State in repairing road facilities
which have suffered widespread serious damage resulting from a natural disaster over a
wide area or serious damage from a catastrophic failure.