Res 27-02RESOLUTION NO. 27-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH APPROVING AND
AUTHORIZING EXECUTION OF A LOCAL AGENCY
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, State of Florida Departmem of Transportation and the City of Delray Beach
desire to facilitate the expansion of the Downtown Pedestrian Network, as described in the Local
Agency Program Agreement; (project description); and,
WHEREAS, the State of Florida has requested the City of Delray Beach to approve, execute
and deliver to the State of Florida Departmem of Transportation a Local Agency Agreemem for the
aforementioned project, as attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Delray
Beach, Florida, that the City of Delray Beach is hereby authorized to make, enter into, execute and
deliver to the State of Florida Department of Transportation a Local Agency Agreement for the
aforementioned project.
PASSED AND ADOPTED in regular session on this the Ic] day of~ ,
2002.
MAYOR
City Clerk
[IT¥ OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Wnter's D~rect LAne' 561/243-7091
MEMORANDUM
March 11, 2001
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Downtown Pedestrian Network Approval - Authorization to Execute
the Local Aqency Agreement
Resolution 27-02 authorizes the City's participation and execution of an agreement
for a grant for the Downtown Pedestrian Network Project.
FDOT will contribute up to $330,000.00 and the City will contribute $46,200.00.
Please place Resolution 27-02, incorporating the Local Agency Program
Agree_ment, on the City Commission agenda for approval.
cc: Barbara Garito, City Clerk
Dick Hasko, Director of Environmental Services
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. delraye~ com
TO:
FROM:
SUBJECT:
Susan Ruby, City Attorney
Richard C. Hasko, P.E., Environmental Services Director
LOCAL AGENCY PROGRAM AGREEMENT
DATE: March 6, 2002
Attached is an original Local Agency Program Agreement (LAP) between the City and the Florida
Depm'tngnt of Transportation (FDOT) for state grant funding in the amount of $330,000 for
expansion of the Downtown Pedestrian Network. This is grant money that has been applied for in
prior years and is becoming available this fiscal year.
W'ah the LAP is a cover letter from FDOT and a sample resol~ion authorizing the execution of the
LAP. In the cover letter, Ron Holmes, District Program Coordinator, explains that he will require
five (5) original agreements and an original resolution from the City in order to encumber the grant
funding and have the agreement executed by FDOT. I would appreciate your preparing the
appropriate resolution for presentation to Commission at the next regular meeting so that we may
expedite the admini~ive process for encumbrance of the State funds.
Should you have any questions or require any additional back up fi'om me, please let me know.
State of Florida Department of Transl~ortat~on
LOCAL AGENCY PROGRAM AGREEMENT
FPN No Fund: FLAIR Approp:
Federal No: Org. Code. FLAIR Obj..
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. Contract No: Vendor No.:
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered ~nto this day of
by and between the STATE OF FLORIDA_DEPA~RT.MEN~T OF TRANSPORTA. TION a.qn a, genc.¥ of the State'of Flonda
hereinafter called the Department, and City of uelray t~each, 100 NW 1st Avenue, ue~ray t~each, Ft. 33444 '
hereinafter called the Agency.
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WITNESSETH:
WHEREAS, the Agency has the authority to enter ~nto said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately ~n all areas of appropriate jurisdiction including
the ~mplementation of an integrated and balanced transportation system and ~s authonzed under Section 334.044, Florida
Statutes toenter into th~s Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations hereto, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose oPX~,~greement ~s to provide for the Department's participation in
Downtown Pedestrian Network and as further described in Exhibit"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 conditions 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) N/A 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 descnbed ~n EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and ~n accordance w~th the prov~slons herein, and all
applicable laws. The project will be performed tn accordance with all apphcable Department procedures, guidelines,
manuals, standards, and directives as descnbed in the Department's Local Agency Program Manual, which by this
reference ~s made a part hereof as if fully set forth herein
A full time employee of the Agency, qualified to ensure that the work being pursued ~s complete, accurate, and consistent
w~th 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 September 30, 2004
If the Agency does not complete the project within thru time period, this Agreement will expire on the last day of sch~d~J'le~l
complebon as provided ~n th~s paragraph unless an extension of the t~me period ~s requested by the Agency and granted in
wntmg by the DEPARTMENT prior to the expiration of the Agreement. Exp~rabon of th~s Agreement wdl be considered
[er'ruination of the project. The cost of any work performed after the exp~rabon date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any elect~on, referendum, approval, permit, notice, or
other proceeding or authorization ~s requIsite under applicable law to enable the Agency to enter into th~s Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the prows~ons of the Agreement, the Agency
w~ll ~mbate and consummate, as provided by law, all actions necessary w~th respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to complebon all proceedings necessary, including
Federal-a~d requirements, to enable the Agency to provide the necessary funds for completion of the project.
EXHIBIT A
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2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, recorc~s, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 376,200.00 This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses ~n excess of the total cost of the project and any deficits ~nvolved. The schedule of funding may be
modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, ~ncluding 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 participation.
3.03 Limits on Department Funds: Project costs ~.lig~ble for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in ehg~ble project costs is subject to
a) Legislative approval of the Department's appropriation request m the work program year that the project is
scheduled
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 and all other terms of this Agreement;
d) Department approval of the project scdp-e-~nd budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obhgation 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 and has a term for a pedod of more
than one year, the provisions of Section 339.135(6)(a), Flonda Statutes, are hereby incorporated:
"(al The department, dunng 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 wdtten, made m 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 entedng into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for ~n succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year"
3.06 Notice to Proceed: No cost may be ~ncurred under this contract until the Agency has received a Notice 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 w~th applicable Federal and State law, the regulations m 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal HIcjhway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred pnor to authonzabon by the FHWA to the Department to proceed with the prolect or part
thereof ~nvolwng such cost. (23 CFR 1 9 (al). if FHWA or the Department determines that any amount claimed ~s not
eligible, Federal participation may be approved ~n the amount determined to be adequately supported, the Department
shall notify the Agency tn wntmg c~tmg the reasons why ~tems and amounts are not eligible for Federal partm~pation.
Where correctable nonocomphance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance ~s obtained. Where non-comphance ~s not correctable, FHWA or the Department may deny participation
~n parcel or project costs ~n part or in total
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For any amounts determined to be ~neligsble for Federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts w~thm 90 days of wntten nobce
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of thts Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall ma~ntatn sa~d schedule of
funding, carry out the project and shall tncur obligattons against and make disbursements of project funds only ~n
conformity w~th the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual wntten agreement between the Department and the Agency. if rewsed, a copy of the revm~on should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies witl~ fund participation requirements established ~n Exhibit "B" of this Agreement and ~s
approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs ~ncurred under terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of th~s
Agreement and for five(5) years after final payment ~- made. Cop~es of these documents and records shall be furnished
to the Department upon request. Records of costs ~ncurred ~ncludes the Agency's general accounbng records and the
prolect records, together with supporting documents and records, of the Agency and all subcontractors pedormmg work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year penod, the records
shall be retained untd all 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 schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered el_iglble 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, ~nvo,ces, contracts or vouchers
evidencing in proper detad the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following cdtena:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding Federal agency. State awards wdl be idenbfied using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more ~n Federal awards in ~ts fiscal year, the recipient must have a
single or program specific audit conducted in accordance w~th the United States Office of Management and Budget
(OMB) Circular A-133.
If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with
the OMB Circular Ao133 is not required If a recipient expends less than $300,000 in Federal awards during its fiscal
year and elects to have an audit conducted ~n accordance w~th OMB Circular A-133, the cost of the audit must be pa~d
from non-Federal funds
In the event that a recipient expends $300,000 or more ~n State awards dunng ~ts fiscal year, the recipient must have a
state s~ngle or program specific audit conducted ~n accordance w~th Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General,
If a recipient expends Jess than $300,000 ~n State awards dunng ~ts fiscal year, an audit conducted ~n accordance w~th
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General ~s not required. If a recipient
expends Jess than $300,000 ~n State awards dunng its fiscal year and elects to have an audit conducted ~n accordance
w~th Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must
be paid from non-State funds.
Reporting Packages and management letters generated from audits conducted in accordance w~th OMB Circular A-133
and Financial Reporbng Packages generated ~n accordance w~th Section 215.97, Florida Statutes, and
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Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FOOT office, by the recipient, within 30
days of receiving it. The aforementioned items are to be received by the appropnate FOOT office no later than 9 months
after the end of the reclpient's fiscal year.
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 finding ~s required. Current year audit findings
require corrective action and status of ~inding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute ~s resolved. Access to project records and audit work papers shall be given to the FOOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted ~n accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter
10.600, Rules of the Auditor General shall be sent to:
State of Flodda Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302
5.05 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 pertaimng to the financing and development of the project.
The Department reserves the right to umlaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or matenals vendor to allow public access to all documents, papers, letters or other matedal subject to the
provisions of Chapter 119, Flonda Statutes, and made or received in conjunction w~th this Agreement.
(~ection 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional dght of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
actiwbes on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescnbed ~n 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for servicbs or expenses
incurred
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authonzed by the terms of this agreement, m accordance with Section 112.061 Flodda Statutes and
Chapter 3-Travel of the Department's O~sbursement Operations Manual, Topic 350-030-400
(Section 287 058(1)(b), Florida Statutes)
If, after prolect completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount fi, upon demand, payment of the amount ~s not made
within 60 days to the Department. Offsetting any amount pursuant to th~s section shall not be considered a breach of
contract by the Department
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7.00 The Department's Obligations: Subject to other provisions hereof, the Department wdl honor requests for
reimbursement to the Agency ~n amounts and at braes deemed by the Department to be proper to ensure the carrying 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 wnting not to make a payment If:
7,01 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature ~n its application, or any
supplement thereto or amendment thereof, or in or w~th respect to any document of data furnished therewith or pursuant
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 proiect;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the prolect, which under th~s
Agreement, requires the approval of the Department or has made related expenditure or recurred related obligations
w~thout having beenadwsed by the Department that same are approved;
7.04 Conflict of Interests: There has been any wolauon of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting ~n lieu of the FHWA, may designate as inehg~ble for Federal-a~d.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude ail projects costs
recurred by the Agency pdor to the effective date of th~s Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for ~n the latest approved schedule of funding for the project,
and costs attnbutable to goods or services received under a contract or other arrangements which have not been
approved tn wnting by the Department.
7.08 Final Invoices: The Agency must submit the final ~nvo~ce on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by wntten notice to the Agency, suspend any or all of
its obligations under this Agreement until such t~me as the event or condibon resulbng in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any t~me the ~nterest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating the Agreement or (b) suspending the Agreement and nobfymg the Agency of the deficiency
w~th a requirement that the deficiency be corrected w~thm a specified brae, otherwise the Agreement will be terminated at
the end of such time Suspension of the contract wdl not affect the brae period for complebon of the agreement.
If the Department requires term~nabon of the Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall not~fy the Agency of such termmabon, w~th ~nstructions as to the effective date of termination or
specify the stage of work at which the Agreement ~s terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the bas~s of substantiated costs.
8.0:2 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
nobce under th~s paragraph, the Agency shall proceed promptly to carry out the actions required thereto which may
include any or all of the following: (a) necessary acbon to terminate or suspend, as the case may be, project actiwties and
contracts and such other action as may be required or desirable to keep to the mm~mum the costs upon the basis of which
the financing is to be computed; (b) furmsh a statement of the project act~vlbes and contracts, and other undertakings the
cost of which are otherwise Includable as project costs The termination or suspension shall be camed out ~n conformity
w~th the latest schedule, plan, and cost as approved by the Oepartment or upon the bas~s of terms and conditions
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~mposed by the Department upon the failure of the Agency to furmsh the schedule, plan, and estimate w~thJn a reasonable
time. The closing out of Federal financial participation ~n the prolect shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authonzed In wntlng by the Department, the Agency shall not
execute any contract or obligate ~tself ~n any manner requ~nng the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, w~th any third party w~th respect to the project w, thout the wntten
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto ~tself 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 partic~pabon by the Department in a project w~th an Agency, where said project involves a consultant contract for
engineenng, architecture or surveying services, ~s contingent on the Agency complying in full w~th provisions of Section
287.055, Fionda Statutes, Consultants Compet~bw. Negotiation Act. At the d~scret~on of the Department, the Agency w~ll
revolve the Department ~n the Consultant Selecbon F-ocess for all projects. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished ~n compliance w~th the Consultants' Competitive
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 ~n 49 C.F.R.
Part 26, as amended, shall have the opportunity to participate ~n the performance of contracts financed m whole or in part
w~th Department funds under th~s Agreement. The DBE requirements of applicable Federal and State regulations apply to
this Agreement.
10.02 DBE Obligation: The Agency and ~ts contractors agree to ensure that D~sadvantaged Business Enterpnses as
defined in applicable Federal and State regulabons, have the opportunity to participate in the performance of contracts
and this Agreement. In th~s regard, all recipients and contractors shall take all necessary and reasonable steps ~n
accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have
the opportunity to compete for and perform contracts. The Agency shall not discnmmate on the bas~s of race, color,
national ong~n or sex ~n the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit AdministratJon or FHWA Funding ~s a
part of th~s proiect, the Agency must comply w~th applicable Federal and State regulabons.
· I 1.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By s~gnmg and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result ~n den~al of participation in
this covered transaction. The Agency shall submit an explanabon of why ~t cannot provide the certJficabon set out below.
The certification or explanabon will be considered ~n connection w~th the Department's determination whether to enter
into th~s transaction. However, failure of the Agency to furmsh a certification or an explanation shall d~squahfy such the
Agency from participation ~n th~s transaction
The certification ~n th~s clause is a matenal representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If ~t ~s later determined that the Agency knowingly rendered an erroneous
certification, ~n add~bon to other remedies avadable, Department may terminate th~s transaction for cause of default.
The Agency shall prowde ~mmediate written not~ce to the Department ~f any time the Agency learns that ~ts certification was
erroneous when submitted or has become erroneous by reason of changed c~rcumstances. The terms "covered
'debarred," "suspended," ineligible," "lower t~er covered transaction," "partm~pant," "person," pnmary covered transaction,"
"pnnc~pal," "proposal," and "voluntanly excluded," as used ~n th~s clause, have the meanings set out in the Defin~bons and
Coverage sections of rules ~mplemenbng Execubve Order 12549. Contact the Department for assistance m obtaining a
copy of those regulations
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The Agency further agrees by submitting this Agreement that ~t shall not knowingly enter into any contracts with a person
who ~s debarred, suspended, declared ineligible, or voluntanly excluded from participation ~n th~s covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting th~s Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, w~thout modification, ~n all contracts and ~n all solic~tabons for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended,
meliglble, or voluntarily excluded from the covered transacbon, unless it knows that the certification is erroneous. The
Agency may dec~de the method and frequency by whmh it determines the eligibility of ~ts sub-contractors. The Agency
may, but ~s not required the nonprocurement portion of the "L~sts of Parties Excluded From Federal Procurement or
Nonprocurement Programs" (Nonprocurement List) which is comp~led by the General Serwces Administration. to, check
the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"
Nothing contained ~n the forecjo~ng shall be construed to require establishment of a system of records ~n order to render
~n good faith the certificabon required by this clau. ~. The knowledge and reformation of the Agency ~s not required to
exceed that which is normally processed by a prudem person ~n the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor ~ts pnnc~pals is presently debarred, suspended,
proposed for debarment, declared ineligible, or-voluntarily excluded from part~c~pabon In this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to th~s
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrymg out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, rehg~on, color, sex, national ongm,
disability or marital status. The Agency w~ll take affirmabve action to ensure that apphcants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or mantal status. Such action shall include, but not be limited to, the followmg: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termmation; rates of pay or other forms of
compensation; and selection for training, including apprenbcesh~p The Agency shall msert the foregoing provision
modified only to show the particular contractual relationship m all ~ts contracts ~n connection with the development of
operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such
contractors to ~nsert a similar prowslon ~n all subcontracts, except subcontracts for standard commercial supplies or raw
matenals. When the project. ~nvolves ~nstallat~on, construction, demohbon, removal, s~te ~mprovement, or s~milar work, the
Agency shall post, ~n conspicuous places available to employees and applmants for employment for project work, notices
to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U S.C. 2000d), the Regulations of the Federal Department of Transportation ~ssued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall ~nclude provisions ~n all contracts w~th third pames that ensure compliance w~th Title VI of the Civil
R~ghts Act of 1964, 49 C F R., Part 21, and related statutes and regulations
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government ~ssued thereunder, and assurance by the Agency pursuant thereto
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12.04 Public Entity Crime: A person or affiliate who has been placed on the conwcted vendor list following a conwction
for a public enbty cnme may not submit a b~d on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public budding or pubhc work, may not
submit b~ds on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract w~th any public entity, and may not transact business w~th any public entity ~n
excess of the threshold amount provided in Section 287 017, Flonda Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Oiscrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the
Oiscnminatory Vendor List, kept by the Flonda Department of Management Serwces, may not submit a b~d on a contract
to provide goods or services to a public entity, may not submit a b~d on a contract with a public enbty for the construction
or repair of a public budding or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any pubhc entity,
and may not transact business w~th any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter ~nto any
contract, subcontract, or arrangement in connectlo¢ ,v~th 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 during his tenure or for two years
[hereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntanly
acquires or had acquired pdor to the beginning of his tenure any such interest, and if such interest ~s ~mmediately
disclosed to the Agency, the Agency with pdor approval of the Department may waive the prohibition contained in th~s
subsection, provided, that any such present member, officer or employee shall not participate ~n any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require ~ts contractors to ~nsert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality dunng 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 ~ts fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the Umted
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any I~abdity arising from non-compliance w~th these regulations and will reimburse the
Department for any loss incurred ~n connectton therewith. The Agency will be responsible for secunng any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or hable hereunder to any
party other than the Agency.
13.03 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 exmt on the part of the Agency and the making of such payment by the Department, wh~le any such breach or default
shall exist, shall in no way ~mpalr or prejudice any nght or remedy available to the Department w~th respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of th~s Agreement ~s held invalid,
the remainder of this Agreement shall not be affected In such an ~nstance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 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 apphcat~on for the financing
hereunder
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13.06 State L~,w: Nothing ~n the Agreement shall require the Agency to observe or enforce compliance w~th any provision
thereof, perform any other act or do any other th~ng ~n contravention of any apphcable State law, prowded, that if any of
the prowslons of the Agreement v~olate any applicable State law, the Agency wdl at once notify the Department m writing
tn 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 w~th the prolect.
13.07 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 adsing 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, ~ts officers, agents or tts employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of ~ts officers, agents or employees dunng the performance of the Agreement.
The parties agree that th~s clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
s~mdar prowsion of law.
When the Department receives a not~ce of cla~.' for damages that may have been caused by the Agency in the
performance of services required under th~s Agreement, the Department will ~mmed~ately forward the claim to the Agency
The Agency and the Oepartment will evaluate the claim and report their findings to each other within 14 working days and
wdl jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department ~n such
claim as described m this secbon. The Department's failure to promptly not~fy the Agency of a claim shall not act as a
waiver of any right here~n to require the participation m or defense of the claim by the Agency. The Oepartment and the
Agency wdl each pay ~ts own expenses for the evaluation, settlement negotiabons, and thai, ~f any. However, ~f only one
party participates m the defense of the claim at thai, that party ~s responsible for all expenses at thai.
13.08 Plans and Specifications: In the event th~iCt~'~s Agreement ~nvolves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covenng the project. The Department will rewew ail plans and specifications and will issue to the Agency written approval
w~th any approvedportions of the protect and comments or recommendations covedng any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency wntten approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of nght of way activities on the project, the Agency must certify
compliance w~th all applicable federal and state requirements. Certification {s required pnor to advertisement for or
solicitation of bids for construcbon of the prolect, including those projects for which no right of way ~s required.
13.10 Agency Certification: The Agency wdl certify in wnbng, prior to project doseout, that the project was completed in
accordance with applicable plans and spec~ficabons, ~s m place on the Agency facdity, that adequate t~tle is m the Agency,
and that the project ~s accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used hereto 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 used m any gender shall extend to and include
all genders.
13.12 Execution of Agreement: Th~s Agreement may be s~multaneously executed m a minimum of two counterparts,
each of which so executed shall be deemed to be an ongmal, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropnated funds have been pa~d, or will be pa~d by or on behalf of the
Agency, to any person I=or 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 m connection w~th the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperabve agreement, and the extension, contmuabon, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
CONSTRUCTION
OC~2.01/02
If any funds other than Federally appropriated funds have been pard 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 a Member of Congress in connection w~th this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," m accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subreclpients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under th~s
Agreement. If the Agency constructs any tmprovement on Department nght-of-way, the Agency ,J~ wdl O w;ll not
maintain the ~mprovements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upcn receipt, the Department has five 5 working days to inspect and
approve the goods and services unless the bid spec, Scations, purchase order or contract specifies otherwise. The
Department has 20 days 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 invoice ~s received or the goods or services are received, inspected,
and approved.
If a payment ~s not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), FIonda Statutes, will be due and payable,
m addition to the invoice amount to the Agency Interest penalties of less than one $1 wdl 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 invo,ce 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 expenencmg problems in obtaimng timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY CITY OF DELRAY BEACH
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Title: Mayor Title:
Attest: Attest: ·
Title: Clerk Title:
As to form: As to form.
Attorney D~str~ct Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FPN NO,
CONSTRUCTION
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EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Flodda, Department
Transportation and
City of Delray Beach
Dated
PROJECT LOCATION: Downtown Area (See Attached Map)
The project O is J~' is not on the National Highway System.
The project O is j~ is not on the State Highway System.
PROJECT DESCRIPTION:
This project involves the planning, engineering design and construction of missing sidewalk links within
the downtown area. Included are approximately 13,800 feet of concrete sidewalk in the downtown area
as directed by policy D-3.10~ in the Traffi.c Element o.f the City's Co, mprehensive Plan. The purpose of
the project is to improve and complete in[ermodal linkages to the aowntown core district, by completing
!he sidewalk net~/ork. The p, roject also i.ncludes ped. estrian .railro~ad crossing gates at thre,e (3) intersec-
tions. The projec[ will provide a means ~or improve(~ peoes[rian flow throughout the down[own area.
All of the proposed sidewalks fall within the confines of road rights-of-way dedicated to the City of Delray
Beach via plat, no additional rights-of-way are required.
SPECIAL CONSIDERATION BY AGENCY:
The project will be designed in-house by the City of Delray Beach Planning and Engineering
Departments. Each department is staffed with available personnel to implement a project of this size.
Ad. ditio..nally, the construction adm.inist, ration will be performed by the .City of Delray Beach. _The City
~s familiar w~th both State and Fe(]eral requirements for ISTEA projects. After completion of the
project the City will be responsible for any and all maintenance associated with the sidewalks.
SPECIAL CONSIDERATION BY DEPARTMENT:
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AGENCY NAME & BILLING ADDRESS
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl. 33444
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIGIT "B'
SCHEDULE OF FUNDING
FPN NO
Tem~m
Downtown Pedestrian Network
PROJECT DESCRIPTION
Sidewalk construction throuqhout the downtown area.
Length 13,800 L.F.
FUNDING
(~) (2) (3)
TOTAl. AGENCY
~'PE o~ WORK ..OJECT ;UNOS ;U.OS ;EO;".~. ~UNOS
P.e. a. A~ancV Wo~ 15.000 1,900 1 :~, 100
b O~er
c. Department Se~lce$
d To, al .S cost (a+~+c) 15,000 1,900 13,100
Rlght..of.Way · Agency Work
t' Other-
g. Department Sew~cea
h Total ~ght-o~'-Way Coat
Co..tm~uo., Co.~ct 316.200 38.800 277,400
j OMar
k Other
I O~her
m Total Conmact Costs (i+l+k+i) 316-200 38,800 277,400
Conatmct~on Engmeenng
n Agency 45r000 5,500 39,500
o Diner
p. Department Forces
q. Total Constmctmn Engmeenng (n',-o+p) ~1.5.000 5,500 39,500
r Total Construction Cost (m+q) 316.200 44,300 316,900
$ ESTIMATED TOTAL COST OF THE
. PROJECT (d*~*r) 376,200 46,200 330,000
RESOLUTION NO. 27-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH APPROVING AND AUTHORIZING EXECUTION
OF A LOCAL AGENCY AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, State of Florida Department of Transportation and the City of Delray Beach desire to
facilitate the expansion of the Downtown Pedestrian Network, as described in the Local Agency Pro.am
Agreement; (project description); and,
WHEREAS, the State of Florida has requested the City of Delray Beach to approve, execute and
deliver to the State of Florida Department of Transportation a Local Agency Agreement for the
aforementioned project, as attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Delray Beach,
Florida, that the City of Delray Beach is hereby authorized to make, enter into, execute and dehver to the
State of Florida Department of Transportation a Local Agency Ageement for the aforementioned project.
PASSED AND ADOPTED in regular session on this the ~ day of
,2002.
ATTEST:
MAYOR
City Clerk