Res 16-07
RESOLUTION NO. 16-07
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE INSTALLATION AND FUNDING OF THE
LANDSCAPING LOCATED AT THE INTERSECTION OF THE 1-95
INTERCHANGE AND WEST ATLANTIC AVENUE AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Dekay Beach, Florida desires to approve the Joint Participation
Agreement for the installation and funding of the landscaping located at the intersection of the 1-95
interchange and West Atlantic Avenue; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Dekay Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the ~y of ~ . 2007.
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YoOR ---
ATTEST:
~~~~
City Clerk
[IT' DF DELIAY BEA[H
DELRAY BEACH
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All-America City
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CITY CLERK 100 N,W,1stAVENUE
DELRAY BEACH, FLORIDA 33444
561i243-7000
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 16-07, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 5th day of March, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7th day of March,
2007.
~~~.~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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MEMORANDUM
SUBJECT:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGE~
AGENDA ITEM # <:;j. ~ - REGULAR MEETING OF MARCH 5. 2007
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
AGREEMENTS/RESOLUTION NO. 16-07 AND RESOLUTION NO. 19-07
TO:
FROM:
DATE:
MARCH 2, 2007
This is before Commission to approve Resolution No. 16-07 and Resolution No. 19-07, authorizing
the Joint Participation Agreement (JPA) and a Maintenance Memorandum of Agreement (MOA) with
the Florida Department of Transportation (FDOT) for the installation and maintenance of
landscaping at the intersection of the 1-95 interchange and West Atlantic Avenue. The City is
responsible for maintaining any landscaping within the right-of-way.
Recommend approval of Resolution No. 16-07 and Resolution No. 19-07, authorizing the Joint
Participation Agreement (JP A) and a Maintenance Memorandum of Agreement (MOA) with the
Florida Department of Transportation (FDOT) for the installation and maintenance of landscaping at
the intersection of the 1-95 interchange and West Atlantic Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res No 16-7 and 19-07 JPA and Maintenance MOA mar 1-95 Inrerchange W Ad
Ave,doc
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
TO: David T. Harden
FROM: Randal L. Krejcarek, PE
DATE: 14 Feb 2007
SUBJECT: W Atlantic Ave Gateway Feature
Landscaping Joint Participation Agreement and
Maintenance Memorandum of Agreement
City Project # 2003-002
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute a Joint Participation Agreement (JPA) and Maintenance Memorandum of Agreement
(MOA) with Florida Oepartment of Transportation (FOOT) for the installation of landscaping at
the intersection of 1-95 interchange and West Atlantic Avenue. FOOT requires the City be
responsible for maintaining any landscaping within FOOT rights-of-way.
The JPA is required in order to allow the FOOT to reimburse the City for project costs up to a
maximum of $150,000.00. The total project is estimated to cost approximately $310,200.00.
The MOA is FOOT's standard maintenance agreement utilized when FOOT funds, but does not
maintain landscaping within FOOT rights-of-way.
Other than routine landscaping maintenance, there will be no other cost to the City. The CRA
has committed funding for the balance of the construction part of this project.
A location map is attached.
If this meets with your approval, please place it on the 06 March 2007 Commission meeting, for
approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
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RESOLUTION NO. 16-07
A RESOLUTION OF THE CIlY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE INSTALLATION AND FUNDING OF THE
LANDSCAPING LOCATED AT THE INTERSECTION OF THE 1-95
INTERCHANGE AND WEST ATLANTIC AVENUE AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the installation and funding of the landscaping located at the intersection of the 1-95
interchange and West Atlantic Avenue; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Dekay Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER
Catalog of State Financial Assistance No.55.003 (CSFA)
THIS AGREEMENT entered into this day of 200 , by and between the
State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the
CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida, located at 434
South Swinton Avenue, Delray Beach, FL 33444, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT arid the P ARTICIP ANT are desirous of having the
P ARTICIP ANT make certain improvements in connection with Financial Management (FM)
Number 421280-1-74-01 for landscape, hardscape, and/or irrigation improvements at State
Road 9 & State Road 806 Interchange, Delray Beach, Florida. Refer to Exhibit "A" for a
detailed Scope of Services and Exhibit "B" for set of Production Plans; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
P ARTICIP ANT to perform such activities; and,
WHEREAS, the P ARTICIP ANT by Resolution No. adopted on
,200_, a copy of which 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 PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards, and.
will not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the performance of work under the Agreement.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the PARTICIPANT at no extra
cost.
4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional wOrk for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
Page 1 ofl3
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FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
5. The DEPARTMENT agrees to pay the PARTICIPANT for a portion of the services
described in Exhibit "A" of this Agreement. The PARTICIPANT has stated that the total
cost of the services will be THREE HUNDRED TEN THOUSAND ONE HUNDRED
THIRTY NINE DOLLARS AND THIRTY NINE CENTS ($310,139.39). The total the
DEPARTMENT contribution towards this Project is not to exceed ONE HUNDRED
FIFTY THOUSAND ($150,000.00).
6. The Funding breakdown is as follows:
FUNDING P ARTICIP ATION
FM# FDOT Participant
421280-1-74-01 $150,000.00 $160,139.39
SUBTOTALS $150,000.00 $160,139.39
TOTAL PROJECT $310,139.39
APPROXIMATE COST
7. The P ARTICIP ANT will comply with the Federal and State Audit provisions set forth in the'
Exhibit "e" which are attached hereto and made part of this Agreement.
8. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
9. The PARTICIPANT must obtain an FDOT permit before the PARTICIPANT may proceed
with construction of the Project.
10. The PARTICIPANT may submit progress billing to the DEPARTMENT on a quarterly
basis.
11. The P ARTICIP ANT must submit the final invoice to the DEPARTMENT within 180 days
after the final acceptance of the Project. Invoices submitted after the 180 days time period
will not be paid.
12. This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the P ARTICIP ANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this Agreement shall run to the
DEPARTMENT and its successors.
13. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding
to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in writing
by the DEPARTMENT'S Project Manager as complete, on June 30,2009, whichever
occurs first.
Page 2 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
14. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Department of Financial Services under Section 215.422(14),
Florida Statutes, or by the DEPARTMENT'S Comptroller under Section 334.004(29),
Florida Statutes.
15. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Project Manager prior to payments. The Department will render a
decision on the acceptability of services within 10 working days of receipt of a progress
report. The Department reserves the right to withhold payments for work not completed, or
work completed unsatisfactorily, or work that is deemed inadequate or untimely by the
Department. Any payment withheld will be released and paid to the PARTICIPANT
promptly when work is subsequently performed.
16. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
17. PARTICIPANT providing goods and services to the DEPARTMENT should be aware of
the following time frames. Upon certification of project completion, final invoices may be
submitted for the project. The DEPARTMENT has (10) ten working days to inspect and
approve the goods and services where working day is defined as any day of the week
excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida
Statutes. The DEPARTMENT has 20 calendar days to deliver a request for payment
(voucher) to the Department of Financial Services. The 20 calendar days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
18. If a payment is not available within 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
(1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that
have to be returned to a P ARTICIP ANT because of P ARTICIP ANT 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.
19. A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for contractors/vendors who may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial
Services Hotline at 1-800-848-3792.
20. 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 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 P ARTICIP ANT'S general accounting records and the Project records, together
with supporting documents and records, of the contractor and all subcontractors performing
Page 3 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
21. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) and 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 such funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one year, but any contract so made
shall be executory only for the value of the services to be rendered pr 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 TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than
one year."
22. The P ARTICIP ANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement,
and it has not paid or agreed to pay any company, corporation, individual or firm, other than
a bona fide employee employed by the PARTICIPANT. For breach or violation of this
provision, the DEPARTMENT shall have the right to terminate the Agreement without
liability.
23. To the extent allowed by the Laws of Florida, the PARTICIPANT ,hereby agrees to
indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands
liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or'commission of the PARTICIPANT, its agents,
employees, contractors, subcontractors and/or consultants arising out of this Agreement or
the work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not coVer or indemnify the DEPARTMENT for its own
negligence.
24. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
25. This document incorporates and includes all prior 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. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall be
Page 4 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
effective unless contained in a written document executed with the same fonnality and of '
equal dignity herewith.
26. 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 addresses:
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attn: Elisabeth Hassett, R.L.A.
A second copy to: District General Counsel
If to the PARTICIPANT:
City of DeIray Beach
3650 N.E. 1ih Avenue
Delray Beach, FL 33444
Attn: Randal Krejcarek, P .E.
City Engineer
With a copy to: City Attorney
Page 5 of 13
FM No(s): 421280-1-74-01
FEID No.: VF-59-1390340001
IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution
No. , hereto attached.
CITY OF DELRAY BEACH
BY:
CHAIRPERSON/MA YOR
ATTEST:
CITY CLERK
(SEAL)
APPROVED:
BY:
CITY ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Gerry O'Reilly,P.E.
TRANSPORTATION DEVELOPMENT
DIRECTOR
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL
DATE
Page 6 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
EXHIBIT A
SCOPE OF SERVICES
The PARTICIPANT (City of Delray Beach) agrees to make certain landscape improvements for
State Road 9 (1-95) and SR 806 (Atlantic Avenue.) Interchange, Delray Beach, Florida, and will
subsequently furnish, construct, and inspect the landscape, hardscape, and/or irrigation as shown in the
plans and specifications prepared by PBS&J, dated September 11, 2006. The following conditions shall
apply: '
a. The current Florida Department of Transportation Design Standard Index 546 must be
adhered to.
b. Clear zonelhorizontal clearance as specified in the Plans Preparation Manual - English
Volume I, Chapter 2 and Department Design Standard Index 700 must be adhered to.
c. Landscape materials shall not obstruct roadside signs or permitted view zone for outdoor
advertising signs as permitted in F.A.C. 14-40.
d. Landscape, hardscape, and/or irrigation materials shall be of a size, type and placement
so as not to impede large machine mowing that the DEPARTMENT currently provides
and will continue to provide at the same frequency.
e. Should the P ARTICIP ANT elect to design, furnish and construct irrigation, all costs
associated with water source connection(s), continued maintenance of the distribution
system and water, and electricity costs shall be born solely by the P ARTICIP ANT. All
permits (including tree permits), fees, and any mitigation associated with the removal,
relocation or adjustments of these improvements are the maintaining AGENCY'S
responsibility .
f. DUring the installation of the Project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Design Standards (series 600).
g. The PARTICIPANT shall secure a general use permit from the DEPARTMENT. The
Engineer of Record (EaR) shall meet with Permit Staff prior to permit application and
provide the local maintenance office located at 7900 Forest Hill Blvd., West Palm Beach,
(561-432-4966), a twenty-four (24) hour telephone number and the name of a responsible
person that the DEPARTMENT may contact. The P ARTICIP ANT shall notify the
local maintenance office 48 hours prior to the start of the Project.
h. If there is a need to restrict the normal flow of traffic it shall be done on off-peakhours (9
AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the Project. The DEPARTMENT'S Public Information Office shall also be
notified by phone at 954-777-4092.
1. The PARTICIPANT shall be responsible to clear all utilities within the Project limits.
Page 7 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
EXHIBITB
PROJECT PLANS
Please see attached plans prepared by: PBS&J
Dated: September 11. 2006
Page 8 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
EXHIBIT C
FEDERAL AND/OR STATE 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 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 FDOT's Office of
Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non~profit organizations as defined in OMB
Circular A-I33, 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. 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 ofthis 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 -13 3, 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 ofOMB Circular A-I33, as revised, is not required. However,
if the recipient elects to have an audit conducted in accordance with the provisions of OMB
Circular A-I33, 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).
Page 9 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
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 (i.e. a nonstate entity as defined by Section 215 .97(2)(l), Florida Statutes) are to
have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of
the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 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.
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 suchan 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, andname ofthe state agency awarding it.
PART In: 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.
Page 10 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
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
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Elisabeth Hassett, Project Manager
B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised (the number
of copies required by Sections .320 (d)(I) and (2), OMB Circular A-l33, 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-l33, 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-I33, 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 directlv to
each of the following:'
Florida Department of Transportation
3400 W. Commercial Blvd.
Ft. Lauderdale, FL33309
Elisabeth Hassett, Project Manager
In addition, pursuant to Section .320 (f), OMB Circular A-l33, 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
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Elisabeth Hassett, Project Manager
3. Copies of financial reporting packages required by P ART II of this agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
Page 11 of 13
..;i
FMNo(s): 421280-1-74-01
FEID No: VF-59-1390340001
A. The Department at each of the following addresses:
Florida Department of Transportation
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Elisabeth Hassett, 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 ofthe recipient directly to:
A. The Depar1:t):1ent at each of the following addresses:
Florida Department of Transportation
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
Elisabeth Hassett, 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-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 for a period of at least five
years from the date the audit report is issued, unless extended in writing by the Department.
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be
listed below. If the resources awarded to the recipient represent more than one Federal or State program,
provide the same information for each program and the total resources awarded. Compliance
Requirements applicable to each State program should also be listed below. If the resources awarded to
the recipient represent more than one program, list applicable compliance requirements for each program
in the same manner as shown here:
Page 12 of 13
FM No(s): 421280-1-74-01
FEID No: VF-59-1390340001
STATE RESOURCES
State Agency
Catalog of State Financial Assistance (Number & Title)
Amount
DOT 55.003 Florida Highway Beautification Council Grant
(Department of Trimsportation)
$150,000.00
Compliance Requirements
1. Installation of landscaping on the highway facility as'specified in the landscape plans in conformance
with Rule 14-40.003, Florida Administrative Code. Any deviation from the approved landscape plan
requires the approval of the DEPARTMENT.
2. Maintenance of the landscape within the median and areas outside the travel way within the right of
way line in accordance with the Landscape Maintenance Plan included in the agreement and consistent
with requirements of Rule 14-4003(5), Florida Administrative Code. Any deviation from the Landscape
Maintenance Plan requires the written approval of the DEPARTMENT.
3. Landscape installation and maintenance activities that are in accordance with the Maintenance of
Traffic Plan included in the agreement and Rule 14.003, Florida Administrative Code.
Page 13 of 13
RESOLUTION NO. 19-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM
OF AGREEMENT FOR IMPROVEMENTS TO AREAS LOCATED AT THE
INTERSECTION OF THE 1-95 INTERCHANGE AND WEST ATLANTIC
AVENUE AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Dekay Beach, Florida desires to approve the Maintenance
Memorandum of Agreement for certain landscaping, irrigation and related improvements to areas
located at the intersection of the 1-95 interchange and West Atlantic Avenue; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Dekay Beach authorizes the entry into
the Maintenance Memorandum of Agreement between the City and the Florida Department of
Transportation and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the _ day of
,2007.
MAYOR
ArrEST:
City Clerk
SECTION NO.:
FM NO.(s):
CONNECTED JPA No.:
COUNTY:
S.R. NO.:
93220
421280-1-74-01
Palm Beach
9 & 806 Interchange
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this _ day of ,20-, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency ofthe State of Florida, hereinafter called the DEPARTMENT and the CITY OF
DELRA Y BEACH, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY.
WIT N E SSE T H:
WHEREAS, the DEPARTMENT has jurisdiction over the State Road 9 & 806
Interchange as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements
within the right-of-way of State Road 9 & 806 Interchange; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has
constructed and does maintain a the highway facility as described in Exhibit A, attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if a County).of the
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contains
'landscape median~ and areas outside of the travel way to the right of way line, shall be maintained by
periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs,
and median concrete replacements as needed; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated ,20-,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so,
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The AGENCY hereby agrees to install or cause to be installed landscape, hardscape and/or
irrigation improvements on the highway facilities as specified in plans and specifications
hereinafter referred to as the Project, and incorporated herein as Exhibit B. According to the
following standards and conditions:
(a) The current Florida of Department of Transportation Design Standard Index 546 must be
adhered to.
(b) Clear zone/horizontal clearance as specified in the Plans Preparation Manual - English
Volume 1, Chapter 2 must be adhered to.
(c) Landscape shall notobstruct roadside signs or permitted outdoor advertising signs,
(d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as-built
plans of the system so if in the future there is a need for the DEPARTMENT to perform
work in the area, the system can be accommodated as much as possible.
( e) If it becomes necessary to provide utilities to the median or side areas (water/electricity),
it shall be the AGENCY'S responsibility to obtain a permit for such work through the
local maintenance office.
(f) During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTeD and the current
Department Design Standards (series 600).
(g) The AGENCY shall provide the local maintenance office, located at 7900 Forest Hill
Boulevard, West P aIm Beach, (561)434-4966, a twenty-four (24) hour telephone number
and the name of a responsible person that the DEPARTMENT may contact.
(h) If there is a ne~d to restrict the normal flow of traffic, it shall be done on off-peak hours
(9 AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT'S Public Information Office shall also be
notified.
(i) The AGENCY shall be responsible to clear all utilities within the project limits.
2
U) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to
the start of the project.
3. The AGENCY agrees to maintain the landscape improvements which may include hardscape
and irrigation within the medians and outside the travel way line, by periodic trimming,
cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup, and
necessary replanting as needed following the DEPARTMENT'S landscape safety and plant
care guidelines and as provided by Exhibit D. Hardscape shall mean any non-standard
roadway, sidewalk or median surface such as interlocking pavers, stamped asphalt and
stamped concrete.
The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median and areas outside the travel way to the right of way line, including sidewalks and
median concrete areas and shall include interlocking paver and header curb repairs or
replacements as needed. Such maintenance to be provided by the AGENCY is specifically
, set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants, which includes: (1) removing dead or diseased parts of plants; or
(2) pruning such parts thereof which present a visual safety hazard for those using the
roadway. To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project standards. All plants
removed for whatever reason shall be replaced by plants of the same size and grade,as
specified in the original plans and specifications. To maintain also means to keep the
hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to
cause a safety hazard. To maintain also means to keep litter removed from the median and
areas outside the travel way to the right-of-way line. To maintain also means to keep the
header curbs that contain the hardscape and the interlocking pavers in optimum condition.
Plants shall be those items, which would be scientifically classified as plants and include but
are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees, and
connections, as well as on-going cost of water are the maintaining agency's responsibility.
The above named functions to be performed by the AGENCY may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
3
--
inspection findings will be shared with the A GEN CY and shall be the basis of all decisions
regarding repayment, reworking, or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
4. If at any time after the AGENCY has undertaken the landscape installation and/or
maintenance responsibility mentioned above, it shall come to the attention of the
DEPARTMENT'S District Secretary that the limits or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary, may at his
option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified
letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY
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, at
its option, proceed as follows:
(a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's
personnel and deduct the cost of such work from the final payment for said work or
part thereof, or
(b) Maintain the landscape or a part thereof, with DEPARTMENT or Contractor's
personnel and invoice the AGENCY for expenses incurred, or
(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and
remove, by DEPARTMENT or private Contractor's personnel, all of the
landscape/irrigation installed under this Agreement or any preceding Agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
5. It is understood between the parties hereto that the landscape/hardscape covered by this
Agreement may be removed, relocated, or adjusted at any time in the future, as determined to
be necessary by the DEPARTMENT in order that the adjacent state road be widened,
altered, or otherwise changed to meet with future criteria or planning of the Department. The
AGENCY shall be given sixty (60) calendar day's notice to remove said
landscape/hardscape after which time the Department may remove same. All permits
(including tree permits), fees, and any mitigation associated with the removal, relocation or
adjustments of these improvements are the maintaining AGENCY'S responsibility.
6. The DEPARTMENT and the AGENCY intend to enter into a separate agreement as further
described in Exhibit C. The DEPARTMENT shall be invited to assist the AGENCY in final
inspections before acceptance of the job by the AGENCY.
4
7. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
project, should the landscape areas fail to be maintained in accordance with the terms and
conditions of this Agreement.
8. This Agreement may be terminated under anyone (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10) days' written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY 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 the AGENCY in conjunction with this
Agreement.
9. The term of this Agreement cOIl1mences upon execution.
10. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to
indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands
liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents,
contractors, subcontractors, consultants, and/or employees, arising out of this contract or the
work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
11. The AGENCY may construct additional landscape within the limits of the rights-of-way
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscape shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate from said plans without written approval
by the DEPARTMENT.
(b) All landscape and irrigation shall be developed and implemented in accordance with
appropriate state safety and road design standards.
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed at no cost to the DEPARTMENT.
(d) No change will be made in the payment terms established under number five (5) of
this Agreement due to any increase in cost to the AGENCY resulting from the
installation of landscape added under this item.
5
12. This writing embodies the entire Agreement and understanding between the parties hereto,
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only
for the value ofthe 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 TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) and
which have a term for a period of more than one year.
14. The DEPARTMENT'S District Secretary shall decide all questions, difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions, and disputes shall be final and
conclusive upon the parties hereto.
15. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part,
without the written consent of the DEPARTMENT.
16. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the oontract and Florida law, the
laws of Florida shall prevail.
17. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department:
State of Florida Department of Transportation
Planning & Environmental Management
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
If to the Agency:
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Attention: Mr. Randal Krejcarek
City Engineer
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and
year first above written.
AGENCY
By:
Chairperson/Mayor
Attest:
Clerk
Approval as to Form
Attorney .,'..
(SEAL)
Date
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Transportation Development Director
Attest:
Executive Secretary
(SEAL)
Approval as to Form
Date
District General Co uns e1
7
[. PROJECT LOCATION:
SECTION NO.:
FM NO.(s):
CONNECTED JPA No.:
COUNTY:
S.R. NO.:
EXHIBIT A
93220
421280-1-74-01
Palm Beach
9 & 806 Interchange
State Road 9 and State Road 806 Interchange area, from M,P. 9.760 to M.P. 10.150
II. PROJECT LOCATION MAP:
PROJECT /
LOCATION
SITE LOCATION MAP
PALM BEACH COUNTY, FLORIDA
~
SECTION NO.:
FM NO.(s):
CONNECTED JPA,No.:
COUNTY:
S.R. NO.:
93220
421280-1-74-01
Palm Beach
9 & 806 Interchange
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project with a contractor in accordance with the plans and
speci fications attached hereto and incorporated herein,
Please see attached plans prepared by: PBS & J
Dated: September 11. 2006
SECTION NO.:
FM NO.(s):
CONNECTED JP A No.:
COUNTY:
S.R.NO.:
93220
421280-1-74-01
Palm Beach
9 & 806 Interchange
EXHIBIT C
(GENERAL)
PROJECT COST
fhis Exhibit forms an integral part of the DISTRICT FOUR (4 ) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
fransportation and the AGENCY.
Anticipated Terms of Separate Ae:reement
l.
FDOT PARTICIPATION:
$ 150,000.00
AGENCY PARTICIPATION:
$ 160,139.39
11.
APPROXIMA TE PROJECT COST:
$310,139.39
"Amounts are approximate"
8
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Date:
20 Feb 2007
AGENDA ITEM NUMBER:'~ . ~
,
"
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
06 Mar 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute a Joint
Participation Agreement (JP A) and Maintenance Memorandum of Agreement (MOA)
with Florida Department of Transportation (FDOT) for the installation of landscaping
at the intersection of 1-95 interchange and West Atlantic Avenue.
Staff Recommendation: ~::Q
Department Head Signatnre: _' . . +I
Z -'2..0- 01
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:~ No Initials: W-
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2003\2003-002\OFFI CIAL \2007 -03-06 agenda. doc