1011-FDOT Joint Participationilllll
Florida Department of Transportation
JEB BUSH
GOVERNOR
719 South Woodland Boulevard
Deland, FL 32720 -6834
JOSE'ABREU
SECRETARY
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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
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Enclosures
cc: Ms. Christine Webb
Legal Department
Construction Department
Financial Services
File
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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
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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
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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).
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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By:
Name: George Gilhooley
Title: Director of Operations
Attest:
: five S c tary --Z , (SEAL)
Legal Review:
District Counsel
Financial Provision Approved on:
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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.