1562 JPA: FDOT AQX35 - 17 Light Poles on 17-92FM# 427417-1-58-01
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Original Draft: 2/11/2013
Revised:
Financial Management No.:
Fund: ACSU Function: 200
FLAIR Approp: 088717
427417-1-58-01
FLAIR Obj.: 563007
Agency: City of Sanford
Contract Amount: $14,949.00
Org. Code: 55054010508
Contract No: Aax 3 5
Vendor No.: F 596000425002
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF SANFORD
This Agreement, made and entered into this 7 day of Ad aoch , 2013, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the DEPARTMENT) and the CITY OF SANFORD, a Florida
Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT),
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. �J 79 dated the
day of FP.Uo rU , 2013, a copy of which is attached hereto as Exhibit "D"
and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program, to undertake the Project described as the "Installation of Seventeen (17) Light Poles
and/or Fixtures for the Street Light System on State Road 15/600 (US 17-92) between South of
Lake Mary Boulevard and Airport Road", in Fiscal Year 2012/2013, said Project being known as
FM #427417-1-58-01, hereinafter referred to as the "Project"; and
WHEREAS, the Project is on the State Highway System, is not revenue producing and is'
contained in the adopted Five Year Work Program; and
WHEREAS, the implementation of the Project is in the interest of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious,
and economical for the LOCAL GOVERNMENT to perform, or cause to be performed, the
services to complete the Project.
WHEREAS, the intent of this Agreement is to establish the terms and conditions of the
funding and the production of this Project; and
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. TERM
A. The term of this Agreement shall begin upon the date of signature of the last party
to sign. The LOCAL GOVERNMENT agrees to complete the Project within 24 months from
the date of the execution of this agreement. If the LOCAL GOVERNMENT does not complete
the Project within the time period allotted, this Agreement will expire on the last day of the
scheduled completion as provided in this paragraph unless an extension of the time period is
requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior
to the expiration of the Agreement. Expiration of this Agreement will be considered termination
of the Project.
2. SERVICES AND PERFORMANCES
A. The Project consists of the: Installation of Seventeen (17) Light Poles and/or
fixtures for the Street Light System on State Road 15/600 (US 17-92) between South of Lake
Mary Boulevard and Airport Road. The LOCAL GOVERNMENT shall perform or cause to be
performed all necessary work to complete the Project, as specified in Exhibit "A", Scope of
Services attached hereto and by this reference made a part hereof. Nothing herein shall be
construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of
the scope of services of the Project.
B. Construction of the Project shall be in accordance with the terms and conditions
of a Utility permit that the LOCAL GOVERNMENT'S electric utility company contractor (the
"Contractor") will secure from the DEPARTMENT to allow the Contractor to enter onto the
DEPARTMENT'S right of way to perform the work required by the Project.
C. The LOCAL GOVERNMENT shall hire the Contractor using the LOCAL
GOVERNMENT'S normal procurement procedures to perform the construction work for the
Project.
D. The Contractor shall be responsible for obtaining clearances/permits required for
the construction of the Project from the appropriate permitting authorities.
E. The Contractor shall be responsible to ensure that the construction work under
this Agreement is performed in accordance with the terms and conditions of the Utility permit
issued by the DEPARTMENT.
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F. The LOCAL GOVERNMENT shall provide to the DEPARTMENT a copy of the
agreement that the LOCAL GOVERNMENT enters into with the electric utility company for
said work.
G. If the LOCAL GOVERNMENT utilizes its own work force for any services for
the Project, all costs and expenses thereof shall not be subject to reimbursement.
H. Upon reasonable request, the LOCAL GOVERNMENT agrees to provide progress
reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and
at reasonable intervals established by the DEPARTMENT. The DEPARTMENT will be
reasonably entitled to be advised, at its request, as to the status of work being done by the
Contractor and of details thereof. Either party to the Agreement may request and shall, within a
reasonable time thereafter, be granted a conference with the other party. Coordination shall be
maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT.
I. Upon completion of the work authorized by this Agreement, the LOCAL
GOVERNMENT (or the Contractor) shall notify the DEPARTMENT in writing of the
completion, the form of which is attached hereto as Exhibit `B," and the LOCAL
GOVERNMENT shall require that the Contractor comply with all terms and conditions of the
Utility permit associated with closing out the permit.
J. Upon completion of the Project, the LOCAL GOVERNMENT shall be
responsible for the maintenance of the Highway Lighting constructed under this agreement in
accordance with the terms of the "State Highway Lighting Maintenance and Compensation
Agreement" previously signed by the parties hereto.
3. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is $14,949.00 (Fourteen
Thousand Nine Hundred Forty Nine Dollars and No/100).
B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the
LOCAL GOVERNMENT in an amount not to exceed $14,949.00 (Fourteen Thousand Nine
Hundred Forty Nine Dollars and No/100) for actual costs incurred, excluding LOCAL
GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation
by the Florida Legislature. Travel costs will not be reimbursed.
i) Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient
for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Scope of Services. Deliverables must be
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received and accepted in writing by the DEPARTMENT'S Project Manager or designee prior to
payment.
ii) Supporting documentation must establish that the deliverables were received and
accepted in writing by the LOCAL GOVERNMENT and must also establish that the required
minimum level of service to be performed as specified in Paragraph 2. E. was met, and that the
criteria for evaluating successful completion as specified in Paragraph 2. I. was met.
iii) The DEPARTMENT will reimburse the LOCAL GOVERNMENT for
deliverables upon the completion of all Project services, receipt of final construction cost
documentation and proper submission of a detailed invoice, proof that the Contractor has been
paid by the LOCAL GOVERNMENT and when the Project has been inspected, approved, and
accepted to the satisfaction of the DEPARTMENT in writing.
iv) All costs charged to the Project by the LOCAL GOVERNMENT shall be
supported by detailed invoices, proof of payments, contracts, or vouchers evidencing in proper
detail the nature and propriety of the charges.
D. The DEPARTMENT shall have the right to retain all or a portion of any payment
due the LOCAL GOVERNMENT under this Agreement an amount sufficient to satisfy any
amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other
Agreement between the LOCAL GOVERNMENT and the DEPARTMENT.
E. The LOCAL GOVERNMENT which is providing goods and services to the
DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the
DEPARTMENT has twenty (20) working days to inspect and approve the goods and services.
The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the
Department of Financial Services. The twenty (20) days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected, and approved. If a
payment is not available within forty (40) days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice
amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL
GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL
GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within
the Department of Financial Services. The duties of this individual include acting as an advocate
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for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from
a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Division of Consumer Services at (877) 693-5236.
F. 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 (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the LOCAL GOVERNMENT'S general accounting records and the Project records,
together with supporting documents and records, of the Contractor and all subcontractors
performing work on the Project, and all other records of the Contractor and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies
revealed by any such audit shall be resolved by a corrected final billing from the LOCAL
GOVERNMENT to the DEPARTMENT.
G. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE
THOUSAND DOLLARS AND NO/100) and a term for a period of more than one (1) year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"The DEPARTMENT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the Department that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one (1)
year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of $25,000.00 and which
have a term for a period of more than one (1) year."
H. The DEPARTMENT'S performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the
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event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be
terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL
GOVERNMENT to that effect.
Audits: The administration of resources awarded by the Department to the
LOCAL GOVERNMENT may be subject to audits and/or monitoring by the Department, as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may
include, but not be limited to, on-site visits by Department staff, limited scope audits as defined
by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement,
the LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the DEPARTMENT. In the event the
DEPARTMENT determines that a limited scope audit of the LOCAL GOVERNMENT is
appropriate, the LOCAL GOVERNMENT agrees to comply with any additional instructions
provided by the DEPARTMENT staff to the LOCAL GOVERNMENT regarding such audit.
The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of
Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the
following criteria:
1. In the event that the LOCAL GOVERNMENT expends $500,000 or more
in Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or
program -specific audit conducted in accordance with the provisions of OMB Circular A-
133, as revised. If applicable, Exhibit "C" to this Agreement indicates Federal resources
awarded through the DEPARTMENT by this Agreement. In determining the Federal
awards expended in its fiscal year, the LOCAL GOVERNMENT shall consider all
sources of Federal awards, including Federal resources received from the
DEPARTMENT. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the LOCAL GOVERNMENT conducted by the Auditor General in accordance
with the provisions in OMB Circular A-133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph 1.
the LOCAL GOVERNMENT shall fulfill the requirements relative to. auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
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3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised, is not required. However, if the LOCAL GOVERNMENT
elects to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the
cost of such an audit must be paid from LOCAL GOVERNMENT resources obtained
from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the awarding
federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m),
Florida Statutes) are to have audits done annually using the following criteria:
1. In the event that the LOCAL GOVERNMENT expends a total amount of
state financial assistance equal to or in excess of $500,000 in any fiscal year, the LOCAL
GOVERNMENT must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If
applicable, Exhibit "C" to this Agreement indicates state financial assistance awarded
through the DEPARTMENT by this Agreement. In determining the state financial
assistance expended in its fiscal year, the LOCAL GOVERNMENT shall consider all
sources of state financial assistance, including state financial assistance received from the
DEPARTMENT, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received
by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph
1, the LOCAL GOVERNMENT shall ensure that the audit complies with the
requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the LOCAL GOVERNMENT expends less than $500,000 in state
financial assistance in its fiscal year, an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required. However, if the LOCAL
GOVERNMENT elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from LOCAL
GOVERNMENT resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the state
agency awarding it.
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PART III: OTHER AUDIT REQUIREMENTS
The LOCAL GOVERNMENT shall follow up and take corrective action on audit
findings. Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to Project records and audit
work papers shall be given to the DEPARTMENT, the Department of Financial Services,
and the Auditor General. This section does not limit the authority of the DEPARTMENT
to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with
OMB Circular A-133, as revised, and required by PART I of this Agreement shall be
submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the LOCAL GOVERNMENT directly to the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek -Audit Analyst
719 South Woodland Blvd. MS 4-524
DeLand, Florida 32720
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with
Sections .320 (e) and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by
PART I of this Agreement and conducted in accordance with OMB Circular A-133, as
revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to
Section .320 (e)(2), OMB Circular A-133, as revised, the LOCAL GOVERNMENT shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the
LOCAL GOVERNMENT'S audited schedule of expenditures of Federal awards directly
to the following:
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Florida Department of Transportation
Attn: Dianne Peek -Audit Analyst
719 South Woodland Blvd. MS 4-524
DeLand, Florida 32720
Original Draft: 2/11/2013
Revised:
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the
recipient shall submit a copy of the reporting package described in Section .320 (c), OMB
Circular A-133, as revised, and any management letters issued by the auditor, to the
DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek -Audit Analyst
719 South Woodland Blvd. MS 4-524
DeLand, Florida 32720
3. Copies of financial reporting packages required by PART II of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly
to each of the following:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek -Audit Analyst
719 South Woodland Blvd. MS 4-524
DeLand, Florida 32720
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly
to:
A. The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Dianne Peek -Audit Analyst
719 South Woodland Blvd. MS 4-524
DeLand, Florida 32720
5. Any reports, management letters, or other information required to be
submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
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6. Recipients, when submitting financial reporting packages to the
DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the LOCAL GOVERNMENT in correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its
compliance with the terms of this Agreement for a period of at least five (5) years from
the date the audit report is issued, and shall allow the DEPARTMENT, or its designee,
CFO, or Auditor General access to such records upon request. The LOCAL
GOVERNMENT shall ensure that audit working papers are made available to the
DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at
least five (5) years from the date the audit report is issued, unless extended in writing by
the DEPARTMENT.
4. COMPLIANCE WITH LAWS
A. The LOCAL GOVERNMENT shall allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the
LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
B. The LOCAL GOVERNMENT shall comply with all federal, state, and local laws
and ordinances applicable to the work or payment for work thereof. The LOCAL
GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex, or national
origin in the performance of work under this Agreement.
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL
GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a
result of this Contract.
5. TERMINATION AND DEFAULT
A. This Agreement may be cancelled by the DEPARTMENT in whole, or in part, at
any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT
also reserves the right to seek termination or cancellation of this Agreement in the event the
LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The
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DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an
assignment is made for the benefit of creditors.
B. If the DEPARTMENT determines that the performance of the LOCAL
GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a)
immediately terminating the Agreement, (b) notifying the LOCAL GOVERNMENT 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, or (c) taking whatever action is
deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other
than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall
notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the LOCAL
GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment, however, may not exceed an amount which is the same percentage
of the contract price as the amount of work satisfactorily completed is a percentage of the total
work called for by this Agreement. All work in progress will become the property of the
DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT.
6. MISCELLANEOUS
A. In no event shall the making by the DEPARTMENT of any payment to the
LOCAL GOVERNMENT 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 LOCAL
GOVERNMENT, and the making of such payment by the DEPARTMENT while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to
the DEPARTMENT with respect to such breach or default.
B. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or
any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be
severable and the remainder of this Agreement shall remain in full force and effect, provided that
the invalidated or unenforceable provision is not material to the intended operation of this
Agreement.
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C. This Agreement shall be effective upon execution by both parties and shall
continue in effect and be binding on the parties until the Project is completed, any subsequent
litigation is complete and terminated, final costs are known, and legislatively appropriated
reimbursements, if approved, are made by the DEPARTMENT.
D. PUBLIC ENTITY CRIME INFORMATION AND ANTI -DISCRIMINATION
STATEMENT: A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
E. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree
to the following:
i) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland
Security's E -Verify System to verify the employment eligibility of all new employees
hired by the LOCAL GOVERNMENT during the term of the contract; and
ii) The LOCAL GOVERNMENT shall expressly require any contractors and
subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E -Verify System to verify
the employment eligibility of all new employees hired by the contractor/subcontractor
during the contract term.
F. All notices required pursuant to the terms hereof shall be sent by First Class
United States Mail. Unless prior written notification of an alternate address for notices is sent,
all notices shall be sent to the following addresses:
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Holly Lopenski
Contract Specialist
MS 4-524
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5520
holiv.lopenski@dot.state.fl.us
DEPARTMENT
Megan Reinhart
Design Project Manager
MS 2-546
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5252
megan.reinhartn,dot.state.fl.us
LOCAL GOVERNMENT
Robert Beall
Project Manager
Public Works Department
300 North Park Avenue
P.O. Box 1788
Sanford, Florida 32772-1788
407/688-5000 ext. 5423
Original Draft: 2/11/2013
Revised:
Vincent Vacchiano
Construction Project Manager
MS 3-506
719 South Woodland Boulevard
DeLand, Florida 32720-6834
(386) 943-5406
vincent.vacchiano a,dot.state. fl. us
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IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this
day ofL�C�{2G(«/L , 2013, and the DEPARTMENT has executed this
Agreement this 741" day of jVI ar --y- , , 2013.
CITY OF SANFORD I I
By: BOARD OF CIT MISSIONERS
By:
Name: Je I
Title: Mayor
As approved by the Board on:
4
Attest:
Legal Review:
6r lar
STATE OF FLORIDA
DEPARTMENT OF TRANSPO RATION
By:
Name: Frank J. O'Dea. P.E.
Title: Director of Transportation Development
es
Executive Secretary
Legal Review:
Financial Provisions Approval by
the Office of the Comptroller on:
�can�ac- 2 y,
Authorization Received from the Office of
the Comptroller as to Availability of Funds:
f\,\ ac -c; h I, 2 C 1 3
FM# 427417-1-58-01
Page 15 of 19
EXHIBIT "A"
Original Draft: 2/11/2013
Revised:
SCOPE OF SERVICES
Financial Management Number: 427417-1-58-01
Purpose:
LOCAL GOVERNMENT'S electric utility company shall install a roadway lighting system
within the Project limits of the State Road 15/600 (US 17-92) improvement Project within the
City of Sanford. The lighting system is a critical component of the DEPARTMENT'S roadway
widening project on State Road 15/600 (US 17-92) making it imperative that roadway lighting is
installed in a timely manner. The locations of the light poles and fixtures that need to be
installed are as follows:
Street Light Locations:
• Stations where poles and fixtures are being installed:
o SR 15/600
■ 836+50, LT
■ 838+60, LT
■ 842+45, LT
o W. Lake Mary
■ 306+25, RT
■ 308+40, RT
■ 310+60, RT
• Stations where light fixtures are being placed on existing poles:
o SR 15/600
■ 835+60, LT
■ 837+40, LT
■ 839+55, LT
■ 840+80, LT
■ 841+45, LT
■ 843+40, LT
■ 871+65, RT
o W. Lake Mary
■ 305+15, RT
■ 307+40, RT
■ 309+70, RT
■ 311+90, RT
FM# 427417-1-58-01 Original Draft: 2/11/2013
Page 16 of 19 Revised:
Maintenance of Illumination Equipment and Facilities
The following conditions shall apply to the equipment and facilities used to provide the
illumination services after illumination services have been installed and begun:
1. The equipment and facilities shall at all times remain the property of and be properly
protected and maintained by the electric Utility in accordance with the Utility
Accommodation Manual and current utility permit for the equipment and facilities.
2. The equipment and facilities shall be maintained pursuant to a separate agreement
between the Local Government and the electric Utility. In the event the Local
Government fails to comply with that separate agreement, the electric Utility may
terminate the illumination services, provided however, that the electric Utility shall first
notify the Department in writing and provide the Department with a reasonable
opportunity to cure the non-compliance prior to terminating the illumination services.
3. The electric Utility nor the Local Government shall not engage in any act or omission
which in any way interferes with the provision of illumination services including, without
limitation, granting rights to third parties with respect to the equipment and facilities
which interferes with the continued provision of illumination services.
FM# 427417-1-58-01
Page 17 of 19
EXHIBIT "B"
NOTICE OF COMPLETION
Original Draft: 2/11/2013
Revised:
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and the CITY OF SANFORD
PROJECT DESCRIPTION: Installation of Seventeen (17) Light Poles and/or fixtures for the
Street Light System on State Road 15/600 (US 17-92) between South of Lake Mary Boulevard
and Airport Road
FINANCIAL MANAGEMENT ID# 427417-1-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby provides notification that the work authorized by this Agreement is
complete as of . 20 and all terms and conditions of Utility permit
associated with closing out the permit have been met.
By: _
Name:
Title:
FM# 427417-1-58-01
Page 18 of 19
EXHIBIT "C"
Original Draft: 2/11/2013
Revised:
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement e se is s/ rp r sou must be used
for).
2. Second : pCt� e 1 liance u z ( i e ' ments for recipients of the
resourc
3. Etc.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) —
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) -
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
FM# 427417-1-58-01
Page 19 of 19
Original Draft: 2/11/2013
Revised:
EXHIBIT "D"
RESOLUTION
Financial Management Number: 427417-1-58-01
Resolution No. 2379
A Resolution of the City of Sanford, Florida providing for the approval of
and entering into a Joint Participation Agreement with the Florida
Department of Transportation (FDOT) for the project described as:
"Installation of 17 Light Poles for the Street Light System on State Road
500/600 (US 17-92) between South of Lake Mary Boulevard and Airport
Road, in Fiscal Year 2012/2013" and pertaining to the FDOT project
assigned Financial Management Number 427417-1-58-01; authorizing
implementing administrative actions and the expenditure of funds;
providing for a savings provision; providing for conflicts; providing for
severability and providing for an effective date.
Whereas, the State of Florida Department of Transportation (FDOT) and the City
of Sanford in Seminole County desire to facilitate the installation of 17 light poles for the
streetlight system on State Road 500/600 (United States Highway 17-92) between
south of Lake Mary Boulevard and Airport Road (the "Project") said Project planned to
be completed in Fiscal Year 2012/2013; and
Whereas, the FDOT has assigned the Project Financial Management Number
427417-1-58-01; and
Whereas, the City of Sanford desires to enter and to execute and deliver to the
FDOT a Joint Participation Agreement for the aforementioned Project.
Now, Therefore, Be it adopted and resolved by the City Commission of the
City Of Sanford, Florida as follows:
Section 1. Recitals Adopted; Authorization To Execute Joint Participation
Agreement And Implement As Appropriate.
(a). The above recitals (whereas clauses) are adopted by the City Commission
of the City of Sanford and made a substantive part of this Resolution.
(b). The Mayor of the City of Sanford is hereby authorized to execute make,
execute and deliver to the FDOT the Joint Participation Agreement relating to the
CERTIFIED COPY
installation of 17 light poles for the streetlight system on State Road 500/600 umtee"y
ity Clerk
City of Sanford, Florida
6y:��`�
l
Date: -Z,( Z-13
States Highway 17-92) between south of Lake Mary Boulevard and Airport Road in the
City of Sanford and relative to a project which the FDOT has assigned Financial
Management Number 427417-1-58-01.
(c). The City Manager is hereby authorized to take any and all necessary
administrative actions in order to implement the provisions of this Resolution and the
Joint Participation Agreement approved herein including, but not limited to, the
expenditure of $14,949.00.
Section 2. Savings.
The prior actions of the City of Sanford relating to the Project, as well as any and
all related matters and processes, are hereby ratified and affirmed.
Section 3. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 4. Severability.
If any section, sentence, phrase, word or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Resolution not otherwise determined to be invalid, unlawful or
unconstitutional.
Section 5. Effective Date.
This Resolution shall become effective immediately upon enactment.
2'Page
Passed and adopted this 11th day of February, 2013.
Attest:
C'�' hL t �/ ( � / O'�
4a --net R. Dougherty, ty Clem
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
Wdirn-L. Colbert, Cit- orney
City of Sanford City Commission
Jeff Triplett,
3a`ge