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1011-FDOT Joint Participationilllll Florida Department of Transportation JEB BUSH GOVERNOR 719 South Woodland Boulevard Deland, FL 32720 -6834 JOSE'ABREU SECRETARY m eh d Q E Q o O N January 27, 2004 Mr. Mark Hultin City of Sanford P.O Box 1788 Sanford, Florida 32772 SUBJECT: JOINT PARTICIPATION AGREEMENT FM#: 416387- 1 -58 -01 DESCRIPTION: Landscaping Improvements on SR 46, from Towne Center Blvd. To US 17 -92 CONTRACT NUMBER: ANI95 Dear Mr. Hultin: Please find enclosed the executed Joint Participation Agreement on the project reference above, dated February 25, 2004, between the City of Sanford and the Florida Department of Transportation. The Project Manager you will be working with concerning this project will be Ms. Christine Webb. You can reach Ms. Webb at 386/943 -5298. If you should have any questions, please feel free to contact me at (386) 943 -5520. Sincerely, 4� / Holly Lopenski JPA Section District Five hl Enclosures cc: Ms. Christine Webb Legal Department Construction Department Financial Services File v✓ww.dot.state.fl.us C0lV -ho FM#416387- 1 -58 -01 Page 1 of 13 Financial Management No: Fund: DS Function: 215 FLAIR Approp: 088717 416387- 1 -58 -01 Federal No.: NA FLAIR Obj.: 563007 Agency: CITY OF SANFORD Catalog of Federal Domestic Org. Code: 55054010508 Contract No: A lJ T 9 5 Assistance No.: NA Vendor No.: F596000425002 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF SANFORD This AGREEMENT, 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), and is based on the following premises: WHEREAS, the parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the project generally described as: Landscaoinct Improvements on State Road 46 in the Citv of Sanford, from Towne Center Boulevard to US 17 -92 in the DEPARTMENT'S Fiscal Year 2003/2004. Said project being known as, Financial Management Number 416387- 1- 58 -01, Seminole County, Lump Sum Amount of $75,000.00 (Seventy Five And No /100 Dollars), hereinafter referred to as, the "PROJECT "; and C+7 x s Q [Y Q 4 O FM#416387- 1 -58 -01 Page 2 of 13 WHEREAS, the PROJECT is on the State Highway System, is not revenue producing and is contained in the Adopted Five Year Transportation Plan; 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 DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL GOVERNMENT to perform the services to complete the PROJECT; NOW THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT suitable for reproduction, together with a complete set of specifications covering all construction requirements for the PROJECT. A detailed scope of the project is attached hereto as Exhibit "A ". Five (5) copies of the Design Plans shall be provided to the DEPARTMENT. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility within forty -five (45) days of delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final, corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT. The expenditure of funds pursuant to this Agreement shall comply with the terms of §334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal regulation and to the extent practical, a minimum of 50% of these funds shall be used to purchase large plant materials (large plant FM#416387- 1 -58 -01 Page 3 of 13 materials have been defined by the Florida Department of Transportation to be five (5) gallon or larger containers as defined by the Florida Department of Agriculture's "Grades and Standards for Nursery Plants ") with the remaining funds for other plant materials. All of the plant materials purchased shall be purchased from Florida -Based Nurseryman stock on a uniform competitive bid basis. The DEPARTMENT'S payment as required herein shall only be utilized by the LOCAL GOVERNMENT to pay the cost of purchase of plant materials for said PROJECT and for the installation of said plant materials. 2. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT. The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph three (3) herein is conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans. 3. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for the actual direct cost, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and subject to legislative approval and appropriation in a one -time, maximum limiting amount of $75,000.00 (Seventy Five Thousand and No /100 Dollars). FM#416387- 1 -58 -01 Page 4 of 13 4. Payment to the LOCAL GOVERNMENT is conditioned on the following: A. That the LOCAL GOVERNMENT has incurred the amounts specified in Paragraph Three (3) for the purchase and installation of landscaping materials, in accordance with the landscaping plans and contract documents developed under this Agreement; and B. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof; and C. That the LOCAL GOVERNMENT has completed construction of the PROJECT. D. The LOCAL GOVERNMENT must have used the funds for purchasing and installing the landscaping for this PROJECT prior to a two year period from the date this Agreement was executed or this Agreement may be unilaterally terminated by the DEPARTMENT. 5. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. 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 payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3) (b) , Florida Statutes, will be due FM8416387- 1 -58 -01 Page 5 of 13 and payable, in addition to the invoice amount, to the participant. Interest penalties of less than one dollar ($1.00) will not be enforced, unless the participant requests payment. Invoices, which have to be returned to a Participant because of participant 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 for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services Hotline, 1- 800 - 848 -3792 or by calling 1- 850- 410 -9724. 6. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and be granted a conference. 7. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as the landscaping is needed to be removed from the Right of Way, the LOCAL GOVERNMENT shall, at all times, maintain the FM#416387- 1 -58 -01 Page 6 of 13 PROJECT in a reasonable manner and with due care in accordance with all applicable DEPARTMENT guidelines, standards and procedures (Project Standards) and as herein below specified. a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping installed on the project as specified in the Landscape Plan(s). Such installation shall be in conformance with Florida Administrative Code Rule 14- 40.003, as it may be amended from time to time. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed by the PROJECT in accordance with the Landscape Maintenance Plan(s). Said maintenance will be in accordance with Florida Administrative Code Rule 14- 40.003, as it may be amended from time to time. The LOCAL GOVERNMENT'S responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14.40.003(5), as it may be amended from time to time. The maintenance functions to be performed by the LOCAL GOVERNMENT shall be subject to periodic inspections by the DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate from said plan(s) without written approval of the FM#416387- 1 -58 -01 Page 7 of 13 c.) All landscape installation and maintenance activities undertaken by the LOCAL GOVERNMENT shall be in accordance with the Maintenance of Traffic Plan(s). d.) If at any time after the LOCAL GOVERNMENT has assumed the landscaping installation or maintenance responsibility above - mentioned, it shall come to the attention of the DEPARTMENT that the PROJECT, as will be designed by the LOCAL GOVERNMENT, or a part thereof is not properly installed or maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof. Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may terminate the Agreement, in which case the LOCAL GOVERNMENT shall at its own expense and within sixty (60) calendar days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the Right -of -Way to its original condition. The LOCAL GOVERNMENT will own such materials it removes and the DEPARTMENT shall own any materials remaining. When the DEPARTMENT determines that it is reasonably necessary, the DEPARTMENT may remove, relocate or adjust the landscaping materials. FM#416387- 1 -58 -01 Page 8 of 13 e.) This Agreement supercedes the normal requirements of separate Department permits for Right of Way utilization and this Agreement is deemed to constitute such a permit. 8. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND AND N01100 DOLLARS) or has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "The DEPARTMENT during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that 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 a period 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 FM#416387- 1 -58 -01 Page 9 of 13 in excess of $25,000.00 (TWENTY FIVE THOUSAND AND N01100 DOLLARS) and which have a term for a period of more than one (1) year." In addition, in accordance with Florida Law, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the PROJECT, this Agreement may be terminated, which shall be effective upon either party giving notice to the other to that effect. 9. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT for a period of three (3) years after final billing by the LOCAL GOVERNMENT to the DEPARTMENT, which audit may include, but shall not necessarily be limited to, such verifications as to the amount and validity of all costs of the PROJECT. 10. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 11. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all proper negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree FM#416387- 1 -58 -01 Page 10 of 13 that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 12. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. 13. The terms of this Agreement shall begin upon the date of the signature of the last party to sign and shall remain in full force and effect through completion of all services required of the LOCAL GOVERNMENT. The DEPARTMENT may, at any stage, amend or terminate the PROJECT in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. 14. All notices required pursuant to the terms hereof shall be sent by first class United States Mail. Unless is sent, all notices shall be sent to the following addresses: STATE Florida Department of Transportation Attn: Holly Lopenski /Assistant JPA Coordinator 719 South Woodland Boulevard Mail Station 4 -522 Deland, Florida 32720 -6834 FM #416387- 1 -58 -01 Page 11 of 13 CITY OF 3ANFORD Attn: Mark Hultin 300 North Park Avenue P.O. Box 1788 Sanford, Florida 32772 15. PUBLIC ENTITY CRIME INFORMATION 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. FM #416387- 1 -58 -01 Page 12 of 13 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this fO4-�, day of has executed this Agreement LOCAL GOVERNMENT CITY OF SANFORD �pcv+.os 2004, and the DEPARTMEW this as J day of ' 2004 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: b CAarce� Attest: By. ,� , — Jallel� . DU�i QL{' 'AL) Name:` J Title Legal Review /V • &WO7 By: Name: George Gilhooley Title: Director of Operations Attest: : five S c tary --Z , (SEAL) Legal Review: District Counsel Financial Provision Approved on: co C0 C*� x a. Q Cq N 11/ 19/0'3 FM#416387- 1 -58 -01 Page 13 of 13 EXHIBIT "A" SCOPE OF WORK Financial Management Number 416387- 1 -58 -01 The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed landscaping improvements along State Road 46 in Seminole County, from Towne Center Boulevard to US 17 -92 (mile post 5.223 to mile post 8.929) and have construction inspection done. The Florida Department of Transportation shall review such plans and Cost Summary Sheet and shall perform such inspections as may be required by the Department of Transportation.