Res 69-99RESOLUTION NO. 69-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF D~/RAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF A LOCAL AGENCY AGREEMENT AND A
JOINT PARTICIPATION AGREEMENT; PROVIDING AN
EFFECTIVE DATE FOR THIS RESOLUTION.
WHEREAS, the State of Florida Department of Transportation and the City of
Dekay Beach desire to facilitate West Atlantic Avenue beautification; and
WHEREAS, an interlocal agreement with the Community Redevelopment Agency
for the improvements to West Atlantic Avenue was approved by the City Commission and was
executed by the City on September 29, 1999; and
WHEREAS, the State of Florida has requested the City execute and deliver to the
State of Florida Department of Transportation a Local Agency Agreement and a Joint Participation
Agreement for the aforementioned project; and
WHEREAS, the interlocal agreem'~nt dated September 29, 1999 provides that the
City shall enter into a Local Agency Agreement and a Jo/mt Participation Agreement in order to
effectuate the improvements to West Atlantic Avenue; and
WHEREAS, the City Commission of the City of Delray Beach de~tres to enter into
the Local Agency Agreement and the Jo/mt Participation Agreement and hereby approves the
agreements and authorizes the execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby incorporated as if fully set
forth herein.
Section 2. That this resolution shall take effect immediately upon passage.
1999.
ATrPSST:
- "city Cierk? '
PASSED AND ADOPTED in regnl~ session on this the 3'd day of November,
LOCAL AGENCY PROGRAM AGREEMENT
FIN No. 404842-1-54-01
Count~ No.
Fund SAMAS Approp.
Function SAMAS Obj.
Federal No. erg. Code
Contract No. Vendor No.
THIS AGREEMENT, made and entered into this day of , 1999
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda,
hereinaiter called the Deparb'nent, and The City of Delray Beach
hereinafter called the agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Deparb'nent has been granted the authority to function adequately in all areas of appropriate j~sdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as.
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
k~est Atlaatic lissutJ. Eicatioa and as further described in ExhibR 'A' attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and condi~ons upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A~H~R are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the wod~ being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before Hatch 15 t 2003
if the Agency does not complete the project within this time period, this Agreement will expire on the last day of
scheduled completion as provided in this paragraph unless an extension time period is requested by the Agency
and granted in writing by the Disbtct Secretary, District IV prior to the expiration ?the agreemenL
Expiration of this Agreement will be considered termination of the project,
2.03 Pursuant to Federal, State, end Local Law: In the event that any'eleclJon, referendum, approval, permit, notice, or
other proceeding or authorization is requisRe under applicable law to ~jnable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out,any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
'.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including
.~deral aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
AdministrstJon may require.
3.00 Project Cost:
3.01 Total Cost: The total esfimated cost of the project is $ 6 ]. 8,705./~0 . This amou'nt is based upon
the estimate summarized in Exhibit 'B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total estimated cost of the project and any delicits involved. The estimate may be
modified by mutual agreement as provided for in'4.00.
3.02 Department Participation: The Department agrees to pa~cipats, including contingencies, in the project cost to the'
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid pa~cipation.
3.03 Limits on Department Funds: Project costs eyble for Department pa~cipation will be allowed only from the date
of this Agreement. It is understood that Department par~cipation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents end all other terms of this
Agreement;
d) Department approval of the project scope and budget et the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 -,nd has a term for a pedod of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(e) The Department, during any fiscal year, shall not expend money, incur any liabilib/, 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 shall be paid on such conb'act. The Department shall require a
statement from the comptroller of the Departrnent that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
. incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000
dollars and which have · term for a period of more than one year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Local Agency has receive(~'a Not, ca to
Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate In any cost which is not incurred in
conformity with applicable Federal and State law, the regulations in 23 C.F.R. end 49 C.F.R., end policies and procedures
· prescribed by the,Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be ;mid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or pert
thereof involving such cost. (23 CFR 1.9 (a)) If FHVVA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall
notify the local agency, in writing, citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld
until compliance is obtained. Where non-complianca is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement, for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Pdor to the execution of this Agreement, a project estimate, shall
be prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry cut the
project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved estimate for the project. The estimate may be revised by mutual written agreement between the Department
and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the
Department's Federal Aid Program Office. No estimate increase or decrease shall be effective unless it complies with
fund participation requirements established ir, Exhibit'B' of this Agreement and is approved by the Department
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs Incurred under 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 includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all au~con~actors performing work on
the project, and all other records of the Agency end subcontractors considered necessary by the Department for s proper
audit of costs. If any litigation, claim, or audit is started before the expiration of the 5 year period, the ~'ecords shall be
retained until ell litigation, claims, or audit findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. '
Costs in excess of the latest approved estimate or attributable to actions which have not received the required approval of
the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: The Agency shall provide to the Department for each of ils fiscal years for which the project account
remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to
the project as required by the Department's Procedure #450-021-001, 'Recipient/Subrecipient Single Audit Procedures."
Audits shall be performed in accordance with generally accepted government auditing standards contained in the
Standards for Audit of Governmental Organizations, Programs, Activities and Functions, issued by the U. S. General
Accounting Office and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The
Agency shall require its auditors to include in their report a schedule of project assistance which shall include a schedule of
project assistance that will reflect the Department's contract number, WPI number, Job number, and the Federal
Identification number, where applicable, and the amount of state funding.
S.05 Inspection: The Agency shall permit, and shall require Its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the light to unilaterally cancel this Agreement for refusal by the Agency, or any contractor,
sub-contractor, or materials vendor, to allow public access to all documents, papers, letters, ~)r other material subject to
the provisions ol' Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
6.00 Requisitions and Payments: Requests for reimbursement fo; fees or other compensation for sen/ices or expenses
shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Flodda Statutes)
..:
Any request for reimbursement of travel expenses must be submitted in scoordsnoe with Section 1 t2.08t, Florid,
Statutes. The Department may estabflsh rates lower than the ma~dmum provided in SecUon 112.061, Flodda Statutes.
(Section 287.058(1)(b), Florida Statutes)
If, alter project completion, any claim is made bytfle Department resulting from an audit or for work Or set,cas performed
pursuant to this Agreement, the Department ma~ offset such amount from payments due for work or set,cas done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within sixty (50) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of'
contract by the Department.
7.00 The Department's Obligations: Subject to other provisions hereof, the Department wlti honor requests for
reimbursement to the Agency in amounts end st times deemed by the Department to be proper to ensure the csrr~ng out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of · material nature In Its application, or Shy
supplement thereto or amendment thereof, or In or with respect to any document of data furnished therewith or pu~usnt
hereto;
7.02 Litigation: There is then pending litigation with respect to the Performance by the Agency of any of its duties or '
obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
Without having been advised by the Department that same ars approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Del~srtment to be In default under Shy of the provis~ons of the
Agreement.
7.08 Federal Psrticipetion: The Department may suspend or terminate payment for that port]on of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate es ineligible for Federal..ald. (FAIN)
7.07 Disallowed Costs: In determining the amount of the payment, the Department Will exclude ell proJact~ co,ts
incurred by the Agency prior to the effects date of this Agreement er the date of authorization, costs Incurred alter the
expiration of the agreement, costs which ere not provided for in the latest approved estimate for the project, end costs
attributable to goods or senecas received under s contract or other arrangements which have not been approved in rotting
by the Department.
0.00 Termination or 8uspension of Project:
8.01 Termination or Suspension Generally: The Department may, by wriiten no~lce to the Agency, suspend any or ell of
its obligations under this Agreement until such ~lme es the event or condition resulting In such s~spenslon has ceased or
been corrected, ~r the Department may terminate this Agreement In whole or In part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfacto~/, the Department shall have the option
of (a) immediately terminating the agreement, or (b) suspending the agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time. otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactor/performance of the agency.
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specif,/the stage of work at which the agreement is terminated.
· If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactori y
performed. Payment is to be on the basis of substantiated costs. '
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include
any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which'
the financing is to be computed; (2) furnish a statement of the project act,,ffles and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and estimate as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimatq within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
g.o0 Contracts of tha Agency:
9.01 Third Party Agreements: Except as othenvise authorized in writing by the Department, the Agency shall not execute
any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the project without the written approval of.
the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The
Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section
287.055, Florida Statutes, Consultants Competitive NegotiatiOn Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall carl~y
to the Department that selection has been accomplished in compliance with the Consultant's CompetYdva Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 C.F.R. Part
23, as amended, shall have the maximum opportunity to perlicipete in the performance of contracts financed in whole or in
part with Department funds under this AgreemenL The DBE requirements of 49 C.F.R. Part 23, as amended, apply to tJds
Agreement.
10.02 DBE Obligation: The Agency and Its contractors agree to ensure that Disadvantaged B;~siness Enterprises es
defined in 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in the performance of conlracts
and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in
acco?dance with 49 C.F.R. Part 23, as amended, to ensure that the Disadvarttaged Business Enterprises have the
maxinfum opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color,
national origin or sax in the award and performance of Department assisted contracts.
10,03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with Subpart (E) of 49 C.F.R:, Part 23, as amended.
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11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:'
11.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
:sability or marital status. The Agency will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, age, religion, color, gender, national origin,
disability or marital status.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment o,
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual
relationship in all its contracts in connection with the development of operation of the proJect, except contracts for the
standard commercial supplies or raw materialsl and shall require all such contractors to insert a similar provision in all
subcontracts, except subcontracts for standard Commercial supplies or raw materials. When the project involves-
installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous
places available to employees and applicants for employment for project work, notices to be provided by the Department
setting forth the provisions of the nondiscrimination clause.
11.02 Title t/I o Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Ti'de VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d). the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third per,es that ensure complianc~ wit~ T'~e VI of the Civil Rights
Act of 1964; 49 C.F.R., Part 21; and related statutes and regulations.
11.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with stl the requirements as imposed by
the ADA, the regulations of the federal government issued thereunder, and aSsurance by the Agency pursuant thereto.
11.04 Debarment: Contractors who are currently sUspended, debarred or voluntarily excluded under 49 C.F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal-aid highway program. (23 C.F.R.
635.110 (e))
11.05 Public Entity Crime: 'A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity cdme may not submit s bid on a contract to provide any goods or eamtcea
submit · bid on s contract with a public enlJf~ for '. ....... .: ...... to s public entity, may not
submit bids on leases -. ..... ,,-=.u~.on or repair o7 s public budding or public work, may not
of real property to a public entity, may not be swarded or perform work as a contractor,
:xUc~es°sntra..ct~°r,.? co. ns.u. ltant under a contract with any public entity, and may not transact business with any public entity in
supplier,
=s of me mresno~o amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.'
11.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
conbact, subcontract, or arrangement in connection with the project or any property Included or planned to be included in
the project, in which any member, officer, or employee of the Agency or the locality dudng his tenure or for two years
thereafter has any interest, direct or Indirect. If any such resen
acquires or had acquired prior to the be,~i,,,,~-,- -, ,-,- · P t or.former member, officer, or emolovea
to the Agency, the Agency with prior ~' ..... u u..= ,anura any such interest, and if such Interest is
approval of the Department, may waive the prohibition Contained in this'l~ubsecfioni
Provided, that any such present member, officer or employee shall not participate In any action by the Agency or the
locality relating to s.uch contract, subcontract, or arrangement.
The Ag?ncy shall insert in all contracts entered Into in Connec~on with the project or any property included or planned to
included in any pro!act, and shall require its contractors to insert in each of their subcontracts, the following provision: be
'No member, officer, or employee of the Agency or of the localib/during his tenure or for two years thereafter shall have
any interest, direct or indirect, In this contract or the proceeds thereof.'
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are t'~xed or controlled by a Governmental agency.
11.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United State.~
shall be admitted to any share or part of the Agreement or any benetit arising therefrom.
12.00 Miscellaneous Provisions:
12.01 Environmental Pollution: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for
any loss incurred in connection therewith. The Agency will be responsible for secudng any applicable p~rmits.
12.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to am/
party other than the Agency.
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12.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then
exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall e)dst shall in no way impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
12.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law. ' '
12.0S Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
12.06 State Law: Nothing In the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law:. Provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the department in writing in
order that appropriate changes and modifications may be made by the department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
12.07 Contractual Indemnity: To the extent permitted by law, the Agency shall Indemnify. defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission, or negligent act by the Agency, its officers, agents, or employees during the
performance of the Agreement, except that neither the Agency, its officers, agents, or its employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense adsing out of any act, error, omission, or negligent act by
the Department or any of its officers, agents, or employees dudng the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes or any
simila~- provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working
days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine
whet. her to require the participation of the Agency in the defense of the claim or to require the Agency defend the
Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim
shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The
Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, end trial, if any.
However, if only one party participates in the defense of the claim et trial, that party is responsible for all expenses at trial.
12.08 Plans and Specifications: In the event that this Agreement involves constructing and equippihg of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will revfew all plans and specifications and will issue to the Agency wdtten approval
with any approved portions of the project and comments or recommendations covering any remainder of the project
earned appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this wriften
approval shall be sufficient cause of nonpayment by the Department.
12.09 Agency Certification: The Agency ~ll ca~ in ~ting p~or to project closaout that the project' ~s completed Jn
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate titJe is in the Agency
and that the project is accepted by the Agency as suitable for the intended purpose.
12.10 Agreement Format: All words used her~in in the Singular form shall extend to and include the plural. All Words
used in the plural form shall extend to and include the singular. All words seed in any gender shall extend to and include
all genders. .
12.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such Counterparts together shall constitute one in the
same instrument.
12.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress In Connection wfth the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any.
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of · Member of Congress in connection with this Joint Paritcipa§on Agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions.
The Agency shall require that the language of this section be included In the award documents for ell aubawards at all fiefs
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received PUrsuant to this contract may be expended for lobbying the Legislature or a state agency.
12.13 Maintenance: The Agency agrees to maintain any project, not on the State SYStem, constructed under this
Agreement. If the Agency constructs any Improvement on Department right-of-way, the Agency (wilt) (will not) maintain the
improvements made for their useful life.
12.14 Vendors Rights: Vendors (in this document identified as Agency) providing goods and ssr~ces to the Depertment
should be aware of the following time frames. Upon receipt, the Department has five ($) working days to inspect and
approve the goods and een~tcas unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 d~,YS to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the nvmce is received or the goods or sen~fces are received, inspected end
approv~id.
If a Payment is not evadable within 40 days alter receipt of the invoice and receipt, inapecifon end approval of goods end
services, a separate interest penalty in accordance with Sec§on 215.422(3)(b), Floricla Statutes will be due and payable, in
addition to the invoice amount to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s! frum the
Department. The Vendor Ombudsman may be contacted at (850.1410-g724 or by calling the State Comptrollers Hotline,
1-800-848.3792.
wr~en.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:. By:
T~e:
'~e: By:.
DistriCt Secretary
Executive Secretary
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FIN NO.
EXHIBIT A
Projec~ De$crlplion and Respons/bililie$
This exhibit forms en integral part of'that certain Raimbursmant Agreement between the State of Florida, Deparlrnent of
Trensport~qion end
Dated
PROJECT LOCATION:
This project 0 is
This project ~) is
PROJECT DESCRIPTION:
~) Is not on the Na~onal Highway System.
O is not on the State Highway System.
Beautification of SE 806, ~est Atlantic Avenue, between NI~/S~ let Avenues and
NN/S~ 4th Avenues. Project involves installation of' brick paver Sidewalks and
crosswalks, street lights, undergroundin8 electric, landscape nodes, drainage,
landscaping, and irrigation in the public right-of-way.
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
GENCYNAME&BILLING ADDRESS
ity of Delray Beach
TTN: David Harden
00 l~ let Avenue
elray Beach, FL $34&4
AGREEMENT
EXHIBIT
ESTIMATE OF FUNDING
IFIN. NO,
404842-1-54-01
PROJECTDE$CRIPTION
Name West Atlantic Beautification, Phase II
Termini From NW/SW 1st Avenues to l~/SW 4th Avenues
Length
ESTIMATE OF FUNDING
TYPE OF WORK (1) (2) (3)
ESTIMATEDTOTAI ESTIMATEDAGENCY ESTEdATEDFEDERAL
PROJECT FUNDS FUNDS FUND;:
P.E. a. Agency Wo~
b. Other Design 90,000 ~.~ ~ UUO ~), UUU
c. Dedar~ent
d. Total PE Ce~t E~/~'ttata (a+b+c) ,
Right-of-Way e.
tother
It
Constzucflon i C~ntr,~ 491,036, 66~036, 425,000
J. Ot~ -- ·
k. Other
L Ot~er
n. Agency
o. Other ..Construction Engineering . :51,,blU ~0 30tO00
r. Tolal
a. TOTAL COST E&¥iMATE OF THE
· PROJECT (d~.h~r) 6 ! 8,705 ! ! 8,705 500,000
'F~ii-: ~&~k~;;on in Cor,~,-uction Engineering (q) is imitod to 15% ofl~e Total Contract C~_.~_, (line m, ,column 3)
.... , .--,. ,--~g~-71Fl~gt~lgr~eme~tiltm~r, wlth~Jt rllytngul~lnympru~ntati~nby~S~te
mmda mANde of thi~ contract' or Wed heroin' ~ to what tbs Federd I~a~tictPatJen rata v~l be. E further agrN~ Utat It miff n~ cefldition any futura
amount of Federal Participation c~nnot ex~d ~e amour~ ~ in line a., cMumn (3)..Al coM~ not reimbursed by the Federal Go~mm~n~ ~all be
the. _m~_~_.,~ of lbs Agency.
EXHIBIT M
Land~capa Maintenance Agreement
Arllcle 12.13 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the Project is removed from the Project Highway pursuant to Paragraphs 3 and 5 hereof, the Agency
at all limes ma,nra n the Project in a reasonable manner and vv~ due c~re ~n eccordsnca with sil applicable Depa~ment guidslines.
standards and procedures (Project Standards")· Specifically, the Agency agrees to:
(a) Properly water and fer~ize all IMants, keeping them as free as prectcabia from disease and harmful insects;
(b) Properly mulch plant beds; ' "
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass ~ the proper length;
(e) Properly prune all plants which respecaiblli'(y includes (i) removing dead or dgsaessd partl of plants or (i) pruning such p~
thereof which present a v~bla h~Zard for those using the roadway:, and
(f) Remove or replace dead or diseased plant~ in their anlirat7, or remove or rapiase those paints that f~ll below original Project
Stlndsrds.
The Agency agrees to repair, remove or replace at its own expense eli or part of the Project that f'a,, beiow Project ~t~ndards c~uasd by
the Agency's failure to msinta n the same in accordance vv~h the provMicna of ~ paragraph. In the event any parf or pe~ of the
Project. including plan~s, have to be removed and replaced for whatever reason, then they ahall be raptaced by parts of the esme grade,
size and apeciScation as provided in the original Plans for the ProjecL Furthermore, the Agency agraas to keep r~ar removed from the
Project Highway.
2. Maintenance of the Project shall be subject to periodic Inspeclions by the Department. In the event that any of the
efuremeot~oned responsiblli~ea are not carried out or are othenMse determined by the Department to be not in conformance w~th the
appiicable Project standards, the DeparLmeot, in addison to ~ right of termin~on under Paragraph 4(a), may at its o~on pan(olin =Jny
necessan/maintenance vvfthout need of any prior nolica and charge the cost thereof to the Agency.
3. It is understood between the perties hereto that any or 'ati of the Project may be removed relo
the future es determined to be neceses~, by the Depart~nent In or-4-- .. ..... cated or erl~itmed et any lime b
changed to .,=. ,,,.~ me ao. lscent state road be widened, altered or ofhanNi~e
meet vv~th the futore criteria or planning of the Depa~'nent. The Agency ahal be given nol~e regar(~ng such removal,
relocation or adjustment and ahM be allowed sixty ($0) days to remove M or
part of the Project i~ removad. Af~erthesi~v; n&.4 ................. pa~ of the Projast mt ~ own coat. The eo
-.. ,6., ,....;,,,,~,,a~ penoo, me ue=aro'nen~,U. ~ ..... Ag cy wi own that
line project end the Department then may remove, reiocate or adjutt the Project es It deems best. v/~ the Agency being respon~ble for
the cost incurred for the removal of the Project.. ,- · ..- ,~,-,~,,,e me owner or the unremoved porlion of
· 4 Thl Agr,eement may be terminated under -,ny one of the folowtng condWons.'
(a) By the Department, if the Agency fmls to perform Its dut~ under ~ Agreement folc~g Ilaeen (1S) days'vv~n no~,e.
(b) By either par~ following ~ ($0) calendar days' Vv~n notice.
5. In the event this Agreement is terminated In accordance with Per'graph 4, the Agency IhM have ~xty (60)'dsys after the date
upon which this Agreement is elTec~ely terminated to remove all or art of ' ·
will own that part or the Project i~ removed· After the aix~ (60& ,, ..P~..,_, ~_e~.e~al~?g Project at ~ own cost and expense, The gency
any aclion with the Project Highway or ~. , da~ ....... o, ~,t=,,o~ pomon of the Project, t~e Department then may take
all or part of the Project it deems best. with the Agency being responsible for any removal costs
Incurred.
EXHIBIT M
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
A~Cla 12.13 is expanded by the following:
The parties mutual/agree and covenant ee follows:
1. When the District Traffic OperationS Engineer of the Department has served a request order on the Age'ncy, and tile
~.:uge:n:t:r~:r,c.r of the Agency ri.mad in th. R.o,u~on .ccomp.nying this Agr.em.nt ha. favorably acknowledged the r.uest order,
the Agency shaa undertake the rasponsibi~es to malntnln and operate ex~sfing or new traffic signals and signal ays!eml mentioned in the
2. The proposed functional de~gn and operation of new traffic Ngnalo and signal lysteme shall be reviewed by the Agency in
conjunction ~ the Department prior to installation. Such design and operation wil be as energy efficient as pebble.
3. The installation of signals or signal systems Ihal not endanger highway travel and shal be ~onducted in accord wi~ Pelt V1 of
the Manual on Uniform Traffic Control Deck:es (MUTCD) as amended, and ~ all epl:~cable Department standards, aPaniftc~on~ and
plans governing traffic control for street and highway conattucllon and maintenance.
4. The Agency shall be responsible for the maintenance and continuou~ operation of the traffic signals and signal systarn~, and
the payment of electricity and etecthcal charges incurred in connec~on with operation of such traffic signals and signal systems upon
completion of their installation. In the case of construction contracts, the Agency shal be responsible for the payment of electricity and
siec~cal charges ~ncurred ~n connection ~ the operation of the traffic signals and signal systems beginning ~ the bum-in Period
following conditional acceptance of the signal installation by the Department, and shall undertake the maintenance and continuoue
operation of said franc signals and signal sYStems upon final acceptance of the installation by the Department Repair or replacement
and other respon~bllities of ~e installa~on conlzactor and t~e Department~ during the burn-in period between Condi~ona] end final
acceptance, are contained in the Deperl~nent's Standard Spec~lications for Road and Bridge Construction.
5. The Agency shall maintain and operate the lraffic signals a'nd signal systsm~, in a manner that wi~ ensure safe and e~:dent
movement of highway traffic and that agrees with maintananca practical prescribed by the International Municipal Signal Aesoc=~ation '
(IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibili~es shall include, but not be
limited to. prevan~va maintenance (periodic inapec~on, sea/fca and routine repairs), and emergency maintenance (trouble shooting in the
event of equipment malfunction, failure, or damage). The Agency shall record its maintenance activ~es in · traffic eJgnal maintenance log
which shall contain, as a minimum, traffic signal log details recommended by the IMSA.
.6. The Agency .may remove any component of the installed equipment for repair, however, it shall not make any permanent
moditical~one and/or equipment replacement~ unlese the equipment provided is the same age or newer and is capeb4e of pedorming the
lame fun~ons. The Department shall not make any modifications and/or equipment replacements without prior written notice to the
Agency.'
7. The Agency shall set end maintain the timing -,nd pha~ng of the traffic signals in accordance with the Depedmant's liming
and pha~ng ~ans, specifications, or special proviaiona. The Agency may make mo~ralcationa in phasing of signals and signal systems to
accommodate changing nesd~ of traffic provided prior written approval ls obtained from Ihe Deparbnent. Department approval ~hall be
contingent upon in engineering report prepared by. or for, the Agency in accordance wi~ Section 1A--4 of the MUTCD recommending
such changes and signed and sealed by a qualified Professinnal Engineer registered in the State of Florida. The Agency may make
changsl~ in the signal timing provided these changes are made under the dare.on of a qualified Professional Engineer. The Agency Ihal
send a signed/sealed copy of the timings to the Department immediately after installation. The Deper~ent reserves the right to examine
equipment' timing and Phasing at any time and. ifter conlultation with the Agency. may ebecify modi~cationa. If the Debertmant abedifies
modification in liming and/or phasing, implementation of such mocrflication$ shall be coordinated with, or made by. the Agency.
a. The Agency sh~ note in the maintenance tog any time/phasing cha~ges and keep a copy of the timings and any approval
documentation in a file.
$. The Agency may enter into Agreements with other parties braining to traffic signals end signal sYStems incuding but not
imited to. agreements relating to costs and ,
expenses incurred in connection with the operation of traffic signals and signal sYStems on the
State Highway System, provided that ouch Agreements are consistent wffh the mutusi covenants contained in this Agreement. The
gency shall furnish a copy of such Agreements to the Department.
10. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement
equipment installed wffh the mutual consent of the parties hereto.
6. This Agreement embodies the entire egreement and undir~tanc~ng between the perlie~ hereto end there-Ire no other
egreements or unde~tan~ngs, or~ or ~n, ~ reference to ~e subje~ ml~er hlrlOf ~it Ire not merged herein and su~ed
hereby.
7. This Agreement may not be ~signed or b'ensf'erred by the Agency in whole or in pert without consent of the Depa~nent.
8. This Agreement iha]l be governed by Ind con~teq in Iccordlnce wi~ b~e Ilvvl of Ihl $l~te of Floridl.
g. All no~ices, demands, requests or other inslrument/Ihll be g~v~n by dspnsWng the lime in the U.S. M-a, IX~t~ge Ixep~id,
reg~tereq or cef~fied wflh return rec~l:X r~que~ted, or by t~ex or tdegmm:
(a) If ~ Ihs Depa~ment. addrlilid to:
,Florida Departmen~ of Traaspor~ation~ District IV "
3~00 ~est Co~ercial Boulevard
Fort Lauderdale, FL 33309-3~21
'A~N:
or ~ ~uch o~ ~dr~ ~ ~e Oep~e~ m~ ~om ~me ~ ~me ~n~ ~ ~n no,ce ~ ~e ~en~ ~d
(b) ~ ~e Agent, addr~ ~:
C~Z o~ ~1~a7 }each
100 ~ 1st Avenue
~elray Beach, FL 33444
ATTN: David T. Harden, City Hana$~r
or et such other address li the Oepir~snt may from time to lime dliIgn~te by wfleen notice to the Dipwlment
All time limits prov{deq hereunder Ihell run from the dire et' receipt of el such nol~ce~, dsmlnds, requlsl~ and other instrument-,.
EXHIBIT R
ADVANCE PROJECT REIMBURSEMENT
A~cle 2.02° llCond and third Itlltance Ira deleted and the following ·ubS·d:
This ·gresment shall continua In effect and be binding on all pares untl th· project is compiet·d, any ·ubs·quant litigation is compieta
Ind terminated, final coats ere known, and legialaUvely appropriated reimburses·nra, b' approved, are made by th· Department
A~ltde 7.00, ~ sentence is deleted and the following substituted:
The Department ·gracc to rltmbume fie Agency In accordance ~ Section 33g.12 of the Fledda Statutes en am~;unt not to exceed ~e
t°tal ~metad co~ ·pacitied In Article 3.O1 beginning In the Department'· F~scal Year 2003 If the funda programmed by the
Depa~m~ent are programmed over a mulli-year pedod. '
an annual amount ·qua· to the amount programmed'v~l be reimbumed in each of
the~e yearn. If In annual ·mount appropriated for the project end payable to the Agency is ~ than $2,000,000, the ps,relent will be
made in · lump sum in the year the project is scheduled in the Department's Work Program as of the data of tile agreement. If an annual
amount appropriated for the project and payable to the Agency is $2.000,000 or greater, payment w~ be made in equal quarterly
payments over 10 qua~tar~ beginning in September of the year the project is scheduled in the Department's Work Program as of the date
of me agrees·rtL
The Department further agree~ to request appropriation of ~ald amounts from the Legislature prior to each ~ year in question.
Approved:
Comptroller
Florida Department of Transporlation
S25-010-300 ' '
Local A eec Pro ram Manual Atlgmt 20, 1997, Rev: April IS, 1999
Chater 2 Section 2
INSTRUCTIONS FOR PREPARING LOCAL AGENCY PROGRAM AGREEMENT
.01 FIN. - Leave blank. FDOT will
.03 Fund. J.~avc blank. I:DOT will ea~r fxu~f cede.
.04 Function. Leave blank. I:DOT will eater fun~on co~.
.0S Federal No. - Leave blank. FDOT will ,~t~ fedaxl aid pmla'p~ou number supplied by FHWA.
.06 Contract Number. Leave blank. FDOT wii/,,~*~ coetract nmnber. · ·
.07 Obj. - Leave blank. FEOT will enter SAMAS object oode.
.08 Approp.. Leave blank. FDOT will eater SAMA$ appropriatien code.
.09 Org Code - Leave blank. FDOT will eate~r organization code.
.I0 Vendor Number. Leave blank. FDOT will cnte~ SAMAS vead~ cudc.
.11 Date on which FDOT executes agreement. (To be eu~z~f by District al~er dl s~s me complete.
Date must not be eadler than date of fired approval.) -
.12 Offir/al Legal Descr/ptlon of the Agency. - Include address.
.13 Se.c..1.00 - Enter De~ription of Work in ~asiJy understood
s~acc ~s inadcq~,a~¢ provi~ ea attachn~nt. Do not rctype tbe page) Include any special requirun~ts. (If
.14 Sec 1.00 - Let~ de~ignat/on of attached exh/bits other than Exh'bits
' a~LAPAgree~ts' AddedF-~ibitsaddeanditiunstoormodi~lheLAPAgr~ngnt. Ifanythingiseat~red
it sbotdd be initialed by both par~e~.
.IS Sec 2.02 - Expiration d~,t,, of Agrecmmt.
.16 Sec 2.02 - Appropfiat~ district number.
.17 Sec 3:01 - To~! cost Must be in agreement with Exhibit
.18 Sec 12.13 DesPot**,...L..t._, ...... .
· - "'~ ~-a~ ~tgem'y wil/or will not m.,~.;~ · . .
M. amteaancc Agreement attached es an ~ 't .q,.,- ,es · ._ ~._ ,.__. !,~ p?ject. Or if there will be ·
eaould init/a/ t'bl ...... ~.u ~ ,me~__ tire,ugh, h either case '
· both pera~
.19 Agency. Name ofAgeacy shotdd be typed above the signal~e line. Signetu~ ofindivldual desig~nt~
to act on behalf of Agency. __
Attach a COpy of R~solution or Certified l~finut~s, ffaeces.~O,'
Ezkibft H-2-2 - lo~tructlons for Propartog Lee. a/Agency Program Agreement 2-2-18
SAMAS
WP1 No. F.A.
Approp.
Fund Code SAMAS Object
Job No. Contract No. Or~. Code
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PLANN3NG AND PROGRAMS
JOINT PARTICIPATION AGREEMENT
LOCAL ADVANCE REIMBURSEMENT PROJECT
9
THIS AGREEMENT, entered into this thc. day of ,19~, by and bctwecn
thc State of Florida Department of Transportation hereinafter called thc "Department" and
The City of De lray Beach , hereinai~er called the "Agency".
WITNESSETH:
WHEREAS, thc Department is prcpared in accordance with it~ Adopted Work Program to fund the
West Atlantic Beautification, Phase I Project,~$t~P~o]t~t FIN #229894-1-54701
W%~~ , in Fiscal Year 2000 ; hereinaflc~ referred to as the "Project";
and
WHEREAS, the Department as a governmental antity may enter into an agreement whereby the
government entity aJg~cs to pcrfonn a Project or Project phase in thc Department's Adopted Work Program
under Chapter 339.12 F.S.; and
WHEREAS, thc Department may commit state funds for thc reimbursement of the actual cosls for the
Project or Project phase contained in thc Adopted Work Program, subject to the appropriation of funds by the
Legislature; and
~'IEREAS, said Project is on the State Highway Systan~ is not revenue producing and is contained in
thc Dcpamnant's Adopted Work Program; and
WHEREAS, in order to expedite thc Project in advance of thc Department's schedule, thc Agency is
prepared to provide funding/n fiscal year 2000 for ~he conslruction of the Project; and
WHEREAS, the Project is in the interest of both the Department and the Agency and it would bc most
practical, expeditious and economical for the Agency to provide funding and perform design and construction
for the Project; and
WHEREAS, the Agancy by resolution dated the
attached hereto and made a part herenf, has authorized the
9
dayof ,19~, a cupy of which is
to enter into this Agreement.
NOW, THEREFORE, in consideration of thc mutual benefits to be derived from joint participation on
the Project, the pmies agree to thc following:
1. The Agency will prepare the plans,.specificatinns and t'~tlmstt's fof StYe Project No.
22989/+-1 ,W.P.I. No. /+118938 . These shall conform to the Department standards.
2. The Agency will obtain construction bids and administer the Project.
3. The parties agree that the estimated cost of the Project is ~ 4:3/+ ~ 1:36 . Project
costs in excess of the esti,~,t~ will not be eligible for rdmbursement and shall be bom by the Agency.
4. A final Project accounting shall be done by the agency after all construction activities
are complete and the AGENCY will be reimbursed for all Project associated expenses not to exceexl the Adopted
Work Program amount. In that the exact costs of construction, CEI s~'vices, claims and contingencies for
Project ar~ not known, the parties reco~tmiTe that adjRstm~nt.S to such COSTS may bc required in thc futurc. In thc
event that adjustments arc required, the parties agree to consider contributions of additional funds for thc
Project. Additional fund conUibutions beyond thc amounts described in thc AGREEMENT will require a
written amendment to this AGREEMENT prior to thc AGENCY incurring the obligation.
Upon final payment to the Conlractor for thc entire Project, thc Agency shall, w/thin
one hundred eighty (180) days, furnish the Dcparnnent with two (2) copies of its final and complete billing of
ali costs incurred in connection with thc work performed hereunder, such statement to follow as closcly as
possible thc order of items contained in thc job estimate. The t'mll billing shall show the description and site of
thc Project; the date on which the first work was performed or the date on which thc earliest item of billed
expense was incurred; thc date on which thc last work was performed or thc last item of bill expense was
2
incurred; and the location where records and accounts billed can be audited.
6. The Agancy agrees to provide status ropers to thc Department, at its request, as to the
status of work being done for the Project.
7. Thc Department agrees to reimburse the Agency in accordance with Section 339.12,
Florida Statutes and subject to legislative appropriation in an amount equal to the actual costs for thc Project in
an amount not to e. xceod Four hundred thirty-four thousand one ($434~136 ),in
hundred thirty-six and no/100
accordance with and under thc tmns of this Agreement.
8. This Project is also the subject of other agreements, as applicable, between the
DcparUnent and the Agancy being executed simultaneously with this Agrecment. One agreement is referred to
as a Local Agency Participation Agreement which is used to establish Federal Participation eligibility status.
The second agreement is a Maintenance Agreement for State Highway Beautification Projects, which will
provide thc terms and conditions for raaintensuce ofth¢ Project. The third agreement is the Lighting
Agrecmsut, which is for thc installation and maintenance for ama lighting on the Project.
9. This Agreement or any in~St ~ shall not be assigned, ffansfe~red or othen,vise
encumbered by the Agency under any circumstances without the prior written consent of the Department.
However, this Agreement shall mn to the Department and its successors.
I0. This Agreement shah continue in effect and be binding to both the Agency and the
Depnnment until the Project is c~m.nle-ted and appropfiata reimbursements are ma&.
I 1. In the event this Agreement is in excess of Twenty Five Thousand Dollars
($25,000.00), or has a term for a period of more thnn one year, the provisions of Chapter 339.135(7)(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, but 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 thls subsec~on shall be 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 sha// prevent the
mai~ng of contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess ofTWENTY FIVE THOUS.4ND
($25,0000. OOJ DO£LARS and which have a term or period of more than one year."
12. The Agency agrees to keep complete records and accounts in order to record complete
and correct enUies as to all costs, expenditures and other items incidental to the offmdng for public bid and
consmaction of thc Project.
13. Such books and records shall bo available at all reasonable tim~s for examination and
audit by the Agency as w~ll as other State and Federal auditors and shall b~ keep for a period of five (5) years
after the c~mpletioa of all work to bo perf~ pursuant to this Agreement
14. The Agency warrants that it has not employed or obtained any company or person,
other than bona fide employees ofthe agency to solicit or secure this Agreement and it has not paid or agreed to
pay any company, corporation, individual or £unn, other than a bona fide employee employed by the Agency.
For breach or violation of this provision, the Department shall have the fight to tearminate the Agreement
without liability.
This Agreement is gnverned by ~nd construed in accordance with the laws of the State
15.
of Florida.
16.
This doc. men* incorporates and incl!ldes all prinr 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 ere not contained in this document. Accordingly, it is agreed that no deviation from the tmns hercof shall
bo predicated upon any prior tepr~entntions or a~ents whether oral or written. It is further agreed that no
modification, amendment, or alteration in the ~rms and conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity herewith.
17.
addressees:
For the Department
District Secretary
Notices pursuant to this Agreement shall bo sent by U.S. Mail to the following
4
For the Agency
City Manager
100 N.W. let Avenue
Delray Beach, ~L 33444
3400 W. Commercial Boulevard
Fort Lauderdale, FL 33309-3421
IN WITNESS WHEREOF, the Agency has caused this Joim Participation Agreement to be
9
executed on its behalf on this the __ day of ,19~, by the Chairperson
authorized to enter into and execute same by Resolution No. 1997-108 ! of the Board on the
9
day of ,1995 The effective date of this Agreement shall be the date the last party
to this Agreement has signed.
State of Florida
Department of Transportation
BY:
District Secretary
ATTEST:
Agency
BY:
ATTEST:
Approved: State of Florida
Department of Transportation
BY:
District Legal Counsel
Funds Approved:
Date:
Office of the Comptroller
Approved:
Approved as to form and
legal sufficie ~,~¥: ~
Blt:
~s'l. fiff~A~orney
5
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR CONSTRUCTION OF IMPROVEMENTS TO WEST ATLANTIC AVENUE
THIS
AGREEMENT
is
made
and entered into this ~ day of.~_~_, 1999 by
and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter
referred to as the "CITY", and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as the ~ CRA".
WITNESSETH:
WHEREAS, CRA has been awarded funding under two grants pursuant to the
lntermOdal Surface Transportation Efficiency Act (ISTEA), a program of the U.S. Department
of Transportation, for improvements to be made to the 100 - 500 blocks of West Atlantic
Avenue; and
WHEREAS, CRA has issued $4.1 million in bonds to fund, among other things, the
improvements at the present time, with reimbursement pursuant to the ISTEA program to
occur in three to five years; and
WHEREAS, the improvements contemplated under the ISTEA grants include installing
brick sidewalks and crosswalks, landscaping, irrigation, underground electric utilities, and
providing streetlights and pedestrian signalization; and
WHEREAS, CRA has been additionally awarded two grants from Keep Palm Beach
County Beautiful, Inc. for landscaping improvements to be made to certain blocks of West
Atlantic Avenue; and
WHEREAS, the CITY has been certified to sul~ervise and coordinate the design and
construction of improvements pursuant to the ISTEA program; and
WHEREAS, the Florida Department of Transportation (FDOT) requires that the CITY
enter into a Joint Participation Agreement and a Local Agency Program Agreement in order
for funding to be transferred for an ISTEA project.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. Funding for ISTEA Project. The CRA shall provide funding, in no event to
exceed the amounts set forth in Exhibit "A" attached hereto and fully incorporated herein, for
the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of
West Atlantic Avenue (See map attached as Exhibit "B' for location). CRA shall be
reimbursed by the FDOT for its expenditures pursuant to the regular FDOT schedule. The
CITY shall not be responsible for any funding un~ler the ISTEA project.
3. Funding for Keep Palm Beach County Beautiful Prq[ect. The CRA shall
provide funding, in no event to exceed the amounts set forth in Exhibit "A' atttached hereto
and fully incorporated herein, for the design and installation of landscaping and irrigation
pursuant to the grants from Keep Palm Beach County Beautiful for the 200-900 Blocks of
West Atlantic Avenue (See map attached as Exhibit "B' for location). The CITY shall not be
responsible for any funding under the Keep Palm Beach County Beautiful project.
4. CITY's obligations to enter into Agreements with FDOT. The CITY shall
enter into a Joint Participation Agreement and a Local Agency Program Agreement with the
FDOT with regard to the ISTEA improvements to be conducted on the 100 - 500 blocks of
West Atlantic Avenue.
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5. CITY's obligations under ISTEA pro. iect. The CITY shall direct and
supervise the design and construction of the ISTEA improvements to be made to the 100-500
Blocks of West Atlantic Avenue. This design and construction may be subject to the advice
and consultation of CRA. However, if any disputes arise regarding design or construction,
the CITY shall make the final determination with regard to the design and construction
appropriate in any given ease.
6. CITY's obligations under the Keep Palm Beach County Beautiful Pro.[ect.
The CITY shall direct and supervise the design and installation of the Keep Palm Beach
County Beautiful improvements to be made to the 200-900 Blocks of West Atlantic Avenue.
This design and construction may be subject to the advice and consultation of CRA.
However, if any disputes arise regarding design or installation, the CITY shall make the final
determination with regard to the design and inst.allation appropriate in any given case. The
CITY shall be responsible for maintaining the plantings. However, the CITY shall have the
sole right to determine the specifics of such maintenance.
7. Severability. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof of this contract shall have no effect upon the validity of any
other part or portion hereof.
8. Venue. To the extent allowed by law, the venue for any action arising from
this contract shall be in Palm Beach County, Florida.
9. Governing laws. This contract shall be governed by and in accordance wi~h
the laws of the State of Florida.
10. Assignment. Neither the CITY, nor the CRA, shall assign, convey or transfer
any rights or interest in this Agreement without the written consent of the other.
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11. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
12. Entire Agreement. This Agreement shall constitute the entire agreement of
the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
13. Arae~rlments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of
the parties hereto.
14. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under 'or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons to any party to this
Agreement, nor shall any provision thereof give any third person any right of subrogation
or action over or against any party to this Agreement.
ATTEST:
CITY OF DELP~Y BEACH, FLORIDA
fAlp~in, J~yor
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ATTEST:
Prink~Name: I~'l'l(' ti P~ C. w dwdt
By: k~/~%~-'"x~ _
Print Name: ~.~..¢~:¥hz-~ --F/~,~m~,/
State of Florida (SEAL)
County of Palm Beach
The foregoing instrument was acknowledged before me this,~_~day of September,
1999 by ~"/,t-~,,~7'o~/ff~;~ ,,J..2~_.oto,t/ , who is personally known to me er v,'~e Eas
as identification.
Signature of Notary Public -~ate
of Florida
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E~IIBIT ~A#
CITY OF DELRIIV BEI11'H
CITY ATTORNEY'S OFFICE
~ DATE:
1993 TO:
October 26, 1999
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/2a3-7090o FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-70~0
City Commission
Jay T. Jambeck, Assistant City Attorne~
Resolution authorizing execution of a~'Local Agency Agreement and a
Joint Participation Agreement to effectuate improvements on West
Atlantic Avenue.
Attached is a resolution authorizing the City to execute a Local Agency
Agreement and a Joint Participation Agreement that allows the City and CRA to go
forward with improvements to West Atlantic Avenue as contemplated by the interlocal
agreement between the City and CRA dated September 29, 1999 (also attached).
The two agreements essentially allow the City to take certain actions and provide
oversight for the improvements to West Atlantic without the need for FDOT to be
directly involved. Approval of the resolution would allow the City to execute the
agreements and for the improvements to move toward fruition.
Please do not hesitate to contact me if you should have any questions.
Attachments
CCi
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer