956-FDOT Local Agency ProgramFlorida Department of Transportation
JEB BUSII
GOVERNOR
THOMAS E BARRY, JR.
SECRETARY
719 South Woodland Boulevard
DeLand, Florida 32720-6800
October 17, 2002
Mr. Tom George
Public Works Director
The City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
Dear Mr. George:
SUBJECT: LOCAL AGENCY PROGRAM AGREEMENT
FM No.: 412141-1-A8-01
Contract No.: AM883
Project: 16th Street Sidewalk
This letter will serve as the City's Notice-to-Proceed with the above project; two fully
executed LAP Agreements are enclosed.
This project is being done under Advance Reimbursement. Funds in the amount of
$127,000 will be encumbered in Fiscal Year 2003/2004 and will be available for
reimbursement after July 1,2003.
you have any questions, please call Marianne Takacs at 386-943-5444.
Sincerely,
,/,~',~Thoma s Moscose/
Special Projects Supervisor
enclosure
cc: J. Harley M. Szunyog
V. Vacchiano
www.dot.state fl us ~ R£CYCLrO pAPER
RESOLUTION NO: 1919
W~EREAS, the State of Florida Department of Transportation and ~he City of
Sanford desire to facilitate the 16t~ Street Sidewalk Project and,
WI~REAS, the State of Florida Department of Transportation has requested the
City of Sanford to execute and deliver to the State of Florida Department of
Transportation the Local Agency Program Agreement for the aforementioned
project, FPN 412141-1-A8~01.
NOW, TrlI~.RFORE, BE IT RESOLVEJ) by the Board of~
Commissioners that Tony VanDerworp, City Manao~er is hereby authorized to
make, execute, and deliver to the State of Florida Depa~hncnt of Transportation the
Local Agency Program Agreement for the aforementioned project, FPN 412141 - 1-
AS-01.
DONE AND RESOLVED this 'afl'day of ~ ,20Q~.
BOARD OF CITY OF SANFORD COMMISSIONERS OF SAN-FORD, FL
v (County C'lerk) - -(./
(Date)
(Affix City SeaO
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
FORM525-OIO-40
CONSTRUCTION
OGC -01/02
Page loll2
FPN: 412141-1-A8-01 Fund: ACSE FLAIR Approp:
Federal No: 4043-067-C Org Code: 55054010508 FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No: 77 Contract No: ,~ ~,~.~, Vendor No:
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
088717
790092
596-000-425-002
THIS AGREEMENT, made and entered into this _L~___~_ ayof ~ , ~,,~-- by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the S~da, hereinafter
called the Department, and CITY OF SANFORD, 300 North Park Avenue, P.O. Box 1788, Sanford, Florida 32772-178R
hereinafter called the Agency.
WlTNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in alt areas of appropriate jurisdiction 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 the
construction of a sidewalk alonq westbound 16th Street 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) "A," "B," and "R" are attached hereto and bythis 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 Aqency Proqram 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 work 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 February 28, 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 of the time period is requested by the Agency 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.
The cost of any work performed after the expiration 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 election, referendum, approval, permit, notice or other
proceeding or authorization is requisite under applicable law to enable 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.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to comple~on all proceedings necessa~, including Federal-
aid requirements, to enable the Agency to provide the necessar~ 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
Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $127,000.00. 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 in excess of the
total cost of the project and any deficits involved. The schedule of funding may be moditied by mutual agreement as provided for
in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent
provided in Exhibit "B." This amount includes Federal-aid funds that are limited to the actual amount of Federal-aU pafficipation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only Eom the date oft~is
Agreement. It is understood that Department participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropdation 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 and all other terms of this Agreement;
(d) Department approval of the project scope and budget at 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 and has a term for a pedod of more than 1
year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any con~act
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 1
year, but a ny contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of $25,000 and which have a term for a pedod of more than 1
year.
3.06 Notice to Proceed: No cost may be incurred 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 a.ny cost which is not incurred in conformity with
applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., an~t policies and procedures prescribed by the
Division Administrator of the FHWA. Federal funds shall notbe paid on account of any cost incurred pdor to authorization bythe
FHWA to the Department to proceed with the project or part thereof involving such cost (23 CFR 1.9 (a)). If the FHWA 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 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 require-
ments exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, the 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: Prior to the execution of this Agreement, a project schedule of funding
shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry
out the project, and incur obligations against a nd make disbursements of project funds only in conformity with the latest approved
schedule of funding for the project. The schedule of funding 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 increase or decrease shall be effective unless it complies with fund participation
requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Recordsofcosts incurred under terms ofthisAgreement shall
be maintained and made available upon request to the Department at all times during the period of this Agreement and for 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 includes the Agency's general accounting records and the project records, together with supporting
documents and records of the Agency and all subcontractors performing work on the project, and all other records of the Agency
_and subcontractors considered necessary by the Department for a preper audit of costs. If any litigation, claim or audit is started
before the expiration of the 5-year period, the records shall be retained until 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 that 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: Recipients of Federal and State funds are to have audits done annually using the following criteria:
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 will be identified 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 in Federal awards in its fiscal year, the recipient must have a single or
program specific audit conducted in accordance with the United States Office of Management and Budget (OMB)Circular A-
133.
If a recipient expends less than $300,000 in Federal awards dudng its fiscal year, an audit conducted in accordance with the
OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards dudng its fiscal year and elects
to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-Federal funds.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state
single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of
the Auditor General.
If a recipient expends less than $300,000 in State awards dudng its fiscal year, an audit conducted in accordance with Section
215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, is not required. If a recipient expends less than
$300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with 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 with OMB Circular A-133 and
Financial Reporting Packages generated in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of
the Auditor General, shall be submitted to the awarding Department office by the recipient within 30 days of receiving it. The
aforementioned items are to be received by the appropriate Department office no later than 9 months after the end of the
recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a summa~ schedule of prior year audit
findings, including corrective action and current status of the audit finding, is required. Current year audit findings require
corrective action and status of finding.
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 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 in accordance with OMB Circular A-133 shall be sent
to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East Tenth 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 Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the FHWA to inspect all work, workmanship, materials, payrolls, and records, and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right 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 or other material subject to the provisions
of Chapter 119, Flodda Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)(c), Flodda
Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-of-
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities 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 prescribed in 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 services er expenses
incurred shalt be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agel~cy, must submit bills for anytravel expenses,
when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3 -"Travel"
of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Flodda Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or se~ces 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 if, upon demand, payment of the amount is not made within 60 days
to the Department.
Department.
Offsetting any amount pursuant to this section shall not be considered a breach of contract ~,,,
the
7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times 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 writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its application or any
supplement thereto or amendment thereof, or in or with 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 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 are 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 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 that the FHWA
or the Department, acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the
Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to
goods or services received under a contract or other arrangements which have not been approved in writing bythe Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120~lay time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or 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 satisfactory, the Department shall have the option of:
(a) im mediately 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 unsatisfactory performance of the Agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify 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 satisfactorily 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: (a) 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 isto be
computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise
includable as project costs. The termination or suspension shall be carded out in conformity with the latest schedule, plan, and
costs approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure ofthe
Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federal finandal participation in
the project shall not constitute a waiver of any claim that the Department may otherwise have arising out of this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise 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 Deparb'nent.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the dght 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 sen/ices, 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 certify to the Department that
selection has been accomplished in compliance with 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 DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this
Agreement. The DBE requirements of applicable Federal and State regulations apply to this Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that DBE's, as defined in applicable Federal and State
regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients
and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations to
ensure that the DBE's have the opportunity to corn pete for and perform contracts. The Agency shall not discriminate on the basis
of race, color, nationaJ origin or sex in the award and performance of Department-assisted contracts.'
10.03 DBE Obligations: If the Federal Transit Administration or FHWA funding is a pa rt of this project, the Agency must comply
with applicable Federal and State regulations.
11.00 Certification Regarding Debam~ent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid Contracts - 49 CFR 29):
By signing 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 in denial of participation in this
covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such Agency from
participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification,
in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,"
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of
those regulations.
The Agency further ag rees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from paflicipation in this covered transa~on unl~ authodzc~:t
by the Department.
The Agency further agrees by submitting this Agreement th at it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" 3rovided by the Department, without
modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective subcontractor that the person is not debarred, suspended, ineligible
or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide
the method and frequency by which it determines the eligibility of its subcontractors, The Agency may, but is not required to,
check the nonprocurement portion of the ULists of Parties Excluded from Federal Procurement or Nonprocurement Programs'
(Nonprocurement List) that is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which
is normally processed by a prudent person in 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 cerlifies, by execution of this Ag reement, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible or voluntadly excluded from participation 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 this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 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, disability 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 madtal status. Such action
shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or 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 materials, 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.
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 issued thereunder, and the
assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the CMl Rights 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 issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: 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 apu blic entity, may not be awarded or perform work as a contractor, su pplier, subcontractor or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the th reshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List kept by the Florida Department of Management Services may not submit a bid on a contract to
provide 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.
12.06 Prohibited Interests: Neither the Agency nor any ofits contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the project er 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 2 years thereafter has any interest,
direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired pdor to the
beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior
approval of the Department may waive the prohibition contained in this subsection provided that any such present member,
_officer or employee shall not particiPate in 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 its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenu re or for 2 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 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 United 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 liability arising from non-compliance with these regulations and wilt reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making bythe 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 exist, shall in no
way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any prows~on of th~s Agreement ~s held mvahd, 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.
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 application for the financing hereunder.
13.06 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.
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, less, damage, cost, charge or expense arising out of any
act, error, omission or negligent act by the Agency, its officers, agents or employees dudng 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 during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Flodda Statutes, or any similar
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 14 working days and will 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 to 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 dght 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, and trial, if any. However, if only one party participates in the defense of the claim at tdal,
that party is responsible for all expenses at tdal.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping 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 review all plans and specifications and will issue to the Agency written approval with any approved
portions of the project and comments or recommendations covering 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
written 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 right-of-way activities on the project, the Agency must certify compliance
with all applicable Federal and State requirements. Certification is required prior to advertisement for or solicitation of bids for
construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and
that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein 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 in any gender shall extend to and include all genders.
13.12 Execution of Ag reement: 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalfofthe 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 with 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 Federally 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 a Member of Congress in connection with this 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 all subawards at all tiers
(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.
13.14 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 (will) ('M!! v, ct) maintain the improvements
made for their useful life.
13.15 Vendo rs Rig hts: Vendors (in this document identified as Agency) providing goods and se~ces to the Depar~nent should
be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and
services unless the bid specifications, 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 is received or the goods or services are received, inspected, and approved.
_If a payment is 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), Flodda Statutes, will be due and payable in
addition to the invoice amount to the Agency. Interest penalties of less than one $1 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) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotiine, 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 ~anf~d)
Title. C±ty Hana~
'J~tl~: City Cie~'k
STAT/~OF FLORIDA DEPARTMENT OF TRANSPORTATION
Title: District~/~to~ P(~n/oi~g & ~ Transpo~afion
Ti~ Adminis~ve Assistant
As to form:
Attorney
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller,
FPN 412141-1-A8-01
EXHIBIT "A"
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and CITY OF SANFORD, 300 North Park Avenue, p.O. Box 1788, Sanford, Flodda 32772-1788.
Dated
PROJECT LOCATION:
City of Sanford, Seminole County
The project
The project
is not on the National Highway System.
is not on the State Highway System.
PROJECT DESCRIPTION:
16th ·
Construction of sidewalk along Street from Roosevelt Avenue to Lake Avenue which includes replacing some sections of
existing sidewalk; total project length is 0.78 miles long.
SPECIAL CONSIDERATION BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will ~eflect the Departmenrs
contract number, the FPN, the Federal identitication number, where applicable, the amount of State funding action (receipt and
disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the
project.
SPECIAL CONSIDERATION BY DEPARTMENT:
This project is being done as an Advance Reimbursement. The Department's funds are programmed in F'~cal Year 2003/2004
and will be available for reimbursement after July 1,2003.
~NAME & BILLING ADDRESS
CITY OF SANFORD
300 North Park Avenue
P. O. Box 1788
Sanford, Florida 32772-1788
Name: Construction ot 16t* Street WB Sidewalk
Termini: from Roosevelt Avenue to akeAvenue
LOCAL AGENCy PROGRAM
AGREEMENT
EXHIBIT "8"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
FPN
412141-I-AS-01
Length: ~0.78 Miles
TYPE OF WORK
P.E. a. Agency Work
b. Other
c. Depart~S -- -.
~ d. Total PE C~
Right.of. Way e. Agency Work
f. Other
g. Depart~
h. Total PECost e+f+g)
Construction i. Contract
J. Other
k. Other
L Other
m. Total ~ont~+j+k+l~'~-------~ --
Construction Engineering
n. Agency
o. Other
P. Department Forces
q. Total Construction Engineering (n+o+p)
~ Total Construction Cost m+
· ~ TOTAL COST OF THE PROJECT d+h+r
TOTAL
PROJECT FUNDS
~ 27.000.00 --
$100000.00
$121 000.00
FUNDING
~)
AGENCY
(3)
STATE &
FEDERALFUNDS
---~ 100.000 O0
~ ~ ,000.00
EXHIBIT "R"
ADVANCE PROJECT REIMBURSEMENT
Article 2.02, second and third sentences are deleted and the following substituted:
This Agreement shall continue in effect and be binding on alt 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.
Article 7.00, first sentence is deleted and the following substituted:
The Department agrees to reimburse the Local Agency in accordance with Section 339.12,
Florida Statutes, an amount not to exceed the total estimated cost specified in Article 3.01
beginning in the Department's Fiscal Year 2003/2004. If the funding is from the Federal Highway
Administration (FHWA), the payment will be made in a lump sum in the year(s) the project is
scheduled in the Department's Work Program as of the date of the Agreement. If the FHWA
funding is programmed in the Department's Adopted Work Program over a multi-year period, an
annual amount equal to the amount programmed will be reimbursed in each of these years. If the
project is for resuffacing, is estimated over $2,000,000 and is State funded, payments will be
made in 6 equal quarterly payments beginning in the year the project was originally programmed.
For all other State-funded construction contracts estimated over $2,000,000, payments will be
made in 10 equal quarterly payments beginning in the year the project was originally
programmed. All payments will be made in accordance with Section 6,00 of the Agreement.
If there is a required local match of the non-Federal share, the reimbursement will be reduced by
the required amount.
The Department further agrees to request appropriation of said amounts from the Legislature prior to
each fiscal year in question.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 9/99
RUSH -- Needed by / /__ (date))
Reason for RUSH :
Advertise (Lettin~ Date) Termination/Cert of Comp
Award LOA Supplemental Renewal Correction
X New Addition Court Order Overrun
Contract _AM883 Contract Type AH Method of Procurement _G_
Vendor Name CITY OF SANFORD Vendor ID F596-000-425-002
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes X NO
Fed Agmt Amt $127,000.00 State Funds $0 Local Funds $0
Be~innin~ date of this A~mt: 10/25/2002 (Must be after fund
approval)
Ending date of this A~mt: 02/28/2003 (Estimate if necessary)
Execution date of this Agmt: 10/25/2002 (Only on original
agreements)
~as work been authorized to begin? Yes _X_ No
Have standard financial provisions been altered by contract terms?
Yes X No If so, show Revision date:
Does this a~reement and/or chan~e order include provisions for
reimbursement to D.O.T. from other entities? Yes X No
Brief Description of Work/Comments:
CONSTRUCTION OF SIDEWALK ALONG WB 16TH STREET, BEING DONE AS LAP
ORG-CODE * EO * OBJECT * AMOUNT * FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
55 054010508 * HC * 790092 * $ 127,000.00 * 412141-1-A8-01 * 215
( 03/04 ) ( ACSS )
55 Xofxxxxxxx * xx * xxxx_xx * $ * xxxxxxx2fxxx * xxx
(xx/xx) ( xx )
55 xxxxxxxxx * xx * y~xxxo(x * $ * xxzfxxxxxxxx * Xxx
(xx/xx) ( xx )
TOTAL AHOUNT * $ 127,000.00 *
Originator: M.B. TAKACS DATE SENT: 10/10/02 PH/SC: 375-5444
E-mail USERID(s) : PL530MT (FDOT)
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY CATEGORY
WORK PROGRAM VERIFICATION
ALLOTMENT YEAR 03/04 DATE CHECKED
CI 6S LINE
FUNDS REVIEWED BY J. JONES CONTINGENT UPON LEGISLATURE APPROVAL__
FOR ROBIN M. NAITOV~, CPA, COMPTROLLER DATE: _10/11/2002
MI~RJTES
l~r-C-mmm'~mongg l~sard Aye
Commisdon~ Ecistein Ay~
Commlnlon~ 9/{nlsn~ Aye
Conm~ssion~ Woodruff Ay~
Comndssion~ Jo~s Aye
Mayor-Commls~on~ Lessard Aye
Conm/miom~ F.+-t~;~ Aye
C.~mmissix~t W~kms Ay~
~ Woodruff Aye
Co~a.k~oner ~ Aye