852-Local Agency Program-FDOT FLORIDA D~PARTMENT O~ TRANSPORTATIO~''~''~
LOCAL AGENCY PROGRAM AGREEI~,_ IT
FIN No.: 240278-2-38-01 Fund: XA FLAIR Approp.:
Function: 215 FLAIR Obj.:
Federal No.: 8888-751 A County No.: 77 ~- . Org. Code:
Contract No.: ~/ ,,~ (~ Vendor No.:
Catalog of Federal Domestic Assistance Number: 20.205
08884g
790089
55053010541
596-000--425-002
THtS AGREEMENT, made a~d entered into this ~-~'~ day of ~)"~-~__.._~, "~ byand
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called
the Department, and CITY OF SANFORD. 300 North Park Avenue. P. O. Box 1788. Sanford. Flodda 32772-1788110
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the ,~lency has the authority to enter into said Agreement and to undertake the project hereinafter described,
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including..~:
implementation of an integrated and balanced transportation system and is authorized under Section 339.044, Florida Statu~
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 desian
ora mu~use trail/sidewalk 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" and ~B" are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence and complete the project as 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 ail applicable Department procedures, guidelines, manuals, standards,
and directives as described in the Department's Local Agency Program 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 June 30. 2002. 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 paried is requested by the Agency and granted in writing by the District Director
of Planning & Public Transportation, District Five, 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 autho~.ation 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 completion alt proceedings necessary including Federal-
aid requirements to enable the Agency to provide the necessary funds for completion of the project.
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2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data,
reports, records, contracis, and other documents relafing to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
3.01 Total Cost: The total estimated cost of the project is $ 583.333.00. This amount is based upon the estimate summarized
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 estimated cost of the project and any deficits involved. The estimate may be modified by mutual agreement as provided
for in 4.00.
3.02 Department Participation: The Department agrees to parUcipate, including contingencies, in the project cost to the extent
provided in Exhibit "B." This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid
participation.
3.03 Limits on Deparbnent Funds: Project costs eligible for Department participation will be allowed only from the date of this
Agreement. It is understood that D~partment participation in eligible project costs is subject to:
(al Legislative approval of the Department's appropriation 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 appropriafion authority becomes available.
3.04 Apprdpriation 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 period of more than
one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
(a) The Department, dudng 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 dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money shall be paid on such contract. The Department shall require a statement from the
comp~oller 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 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 dollars and which have a term for
a period of more than one 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 any 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., and policies and procedures prescribed by
the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any
cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such
cost (23 CFR 1.9 (al). If 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 requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is
not correctable, 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 Disbumement Schedule: Pdor to the execution of this Agreement, a project estimate shall be
prepared by the Agency and approved by the Department. The Agency shall maintain said estimate, carry out the project, and
incur obligations against and make disbursements of project funds only in conformity with the latest approved estimate for the
project. The estimate 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
estimate 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 Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: 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 yearn after tinal payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred include 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 proper audit of costs. If any litigation, claim
or audit is started before the expiration of the five-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 estimate or attributable to actions which 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, fime 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, the award
number and year, and the name of the awarding Federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, the award number and year, and the 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 during its fiscal year, an audit conducted in accordance with the
OMB CircularA-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and elects
to have an audit conducted in accordance with OMB CircularA-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 216.3491, Florida Statutes, and Chapter 10.600, Rules
of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section
216.3491, 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 216.3491,
Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds.
Repar~Jng packages and management letters generated from audits conducted in accordance with OMB ClrcularA-133 and
financial reporting packages generated in accordance with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules
of the Auditor General, shall be submitted to the awarding FDOT Office by the recipient within 30 days of receiving it. The
aforementioned items are to be received by the appropriate FDOT Office no later than 9 months after the end of the recipient's
fiscal year.
The recipient shall follow up and take correc'~ve action on audit findings. Preparation of a summary 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 the required audit documentation as follows:
(a) A reporting package and Data Collection Form for each audit conducted in accordance with OMB Circular 1-133
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East Tenth Street
Jefferson, IN 47132
(b) A financial reporting package of audits conducted in accordance with Section 216.3491, Florida Statutes, and
Chapter 10.600, Rules of the Auditor General, shall be sent to:
State of Florida Auditor General
Attention: Ted J. Sauerbeck
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, FL 32303-1450
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration 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 Deportment reserves the right to unilaterally cancel this Agreement for refusal by the Agency, any contractor, sub-contra ctor
or materials vendor, to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes)
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes)
Any request for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes.
The Department may establish rates lower than the maximum provided in Section 112.061, Florida Statutes. (Section
287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days
to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the
Department.
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 material 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;
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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: 'l:here has been any violation of the conflict of interest provisions contained herein; er
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting 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 estimate for the project, and costs attributable to goods or
services received under a contract or other arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 180 days after the
completion of the project. Invoices submitted after the 180-day 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) immediately 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 stag e
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: Upen 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 is to 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 carried out in conformity with the latest schedule, plan, and
estimate as approved by the Department or upon the bas~s of terms and conditions imposed by the Department upon the failure
of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this
Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise 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 Department.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that
participation bythe Department in a project with the Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent upon the ,~gency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants' Combetitive 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 Disadvantaged Business Enterprises 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 Disadvantaged Business Enterprises, as defined
in applicable Federal and State regulations, have the maximum opportunity to participate in the performance of contracts and
this Agreement. In this regard, the recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable Federal and State regulations to ensure that the Disadvantaged Business Enterprises have the maximum opportun~
to compete for and to perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of Department-assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA funding is a part
of this project, the Agency must comply with applicable Federal and State regulations.
11.00 Certification Regarding Deban~ent, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all Federal-
Aid Contracts - 49 CFR 29)
(a) By signing and submitting this Agreement, the prospective primary participant is providing the certification set out below.
(b) The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this
covered transaction. The prospective participant 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 or Agency's determination whether
to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation
shall disqualify such person from participation in this transaction.
(c) The certification in this clause is a material representation of fact upon which reliance was placed when the Department or
Agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the Department or
Agency may terminate this transaction for cause of default.
(d) The prospective primary participant shall provide immediate written notice to the Department or Agency to whom this
Agreement is submitted if at any time the prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
(e) The terms "covered transsction," "debarred," "suspended," ~inel~gible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," ~principal," ~proposed," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage Sections of the rules implementing Executive Order 12549. You may contact
the Department or Agency to which this Agreement is submitted for assistance in obtaining a copy of those regulations.
(0 The prospective primary participant agrees by submitting this Agreemtn that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the Department
or Agency entering into this transaction.
(g) The prospective primary participant further agrees by submitting this Agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transaction,"
provided by the Department or Agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
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(h) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals~ Each participant may, but is not required to, check the nonprocurement portrton of the "Lists of Parties Excluded from
Federal Procurement or Nonpr_ocurement Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
(i) 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 participant are not required to exceed
that which is normally possessed by a prudent person in the ordinary course of business dealings.
(j) Except for transactions authorized under paragraph "r' of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal government, the Department or Agency
may terminate this transaction for cause or default.
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 marital status.
Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or
recruitment adver'dsing; 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 Civil 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 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C.F.R. Part 29 or
otherwise determined to be ineligible, shall be prohibited from participating in the Federal-aid highway program. (23 C.F.R.
635.110 (e))
12.05 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 enUbJ 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shalt enter into any contract,
subcontract or arrangement in connection with the project or any property included or planned to be included in the project, in
which any member, officer or employee of the Agency or the locality during his tenure or for two years thereafter has any interest,
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direct or indirect. If any such presenf or former member, officer or employee involuntarily acquires or had acquired prior 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 tenure or for two years thereafter
shall have any interest, direct or indirect, in this contract or the proceeds thereof.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories or to
any agreement for utility se~ces the rates for which are fu(ed 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 will 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 maldng by the Department of any payment to the Age ncy
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 provision of this Agreement is held invalid, 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.
13.06 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid, and also agrees not
to pay, any bonus er 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 indemnity, defend, save, and hold harmless
the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the
Agreement, except that ne~er the Agency, its officers, agents or its employees will be liable under this paragraph for any claim,
loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of 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, Florida 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
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options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of
the Agency in the defense of the claim or to require the Agency defend the Department 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 trial,
that party is responsible for all expenses at tdal.
13.08 Ptans 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
pa~ons 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 wilt issue to the Agency
written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient ca use of nonpayment
by the Department.
13.09 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.
13.10 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.
13.11 Execution of Agreement: 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.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the 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
conb'act, 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 moditication 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 Joint Participation 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.
13.13 Maintenance: The Agency agrees to maintain any project not on the State system constructed under this Agreement.
If the Agency consti'ucts any improvement on Department right-of-way, the Agency (will) (;;'i=', r,~,t) maintain the improvements
made for their useful life.
13,14 Vendom Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should
be aware of the fotiowing time frames. Upon receipt, the Department has five working days to inspect and approve the goods
and services unless the bid specifications, purchase order or contract specifies othe~Nise. 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), Florida Statutes, will be due and payable in
addition to the invoice amount to the Agency. Interest penalties of less than one dollar 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 Depadment 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 Hotline, 1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
City of Sanfoj~l
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
As to form:
Attorney
As to form: ,,,)
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FIN NO. 240278-2-38-01
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 Nodh Park Avenue. P.O. Box 1788, Sanford, Florida
32772-1788.
Dated
PROJECT LOCATION:
The project is not on the National Highway System.
The project is not on the State Highway System.
PROJECT DESCRIPTION:
Design multi-use trail/sidewalk on the south shore of Lake Monroe along Seminole Boulevard from Mellonville Road
to French Avenue.
SPECIAL CONSIDERATION BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the FIN number, the Federal identification 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.
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.
SPECIAL CONSIDERATION BY DEPARTMENT:
Federal-aid funds for this project total $500,000.00; City of Sanford funds for this project total $83,333.00.
FORM 525-310-40
CONSTRUCTION
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Page 12 or 12
AGENCY NAME & BILLING ADDRESS
CITY OFSANFORD
300 No~h ParkAvenue
P. O. Box1788
San~rd, Flodda 32772-1788
STATE OF FLORIDA DEP~TMENT OF T~$~RTATION
LOCALAGENCYPROGRAMAGREEMENT
EXHIBIT "B"
ESTIMATE OF FUNDING
FIN. NO.
240278-2-38-01
PROJECT DESCRIPTION
Name: Desian of Lake Monroe Riverwalk
Termini: Seminole Boulevard from Mellonville Road to French Avenue
Length: ~ 1.0 Mile
ESTIMATE OF FUNDING
TYPE OF WORK (1) (2) (3)
TOTAL AGENCY STATE & FEDERAL
P.E.
a. Agency Work
b. Other (Consultant $ 583.333,00 $ 83.333.00 $ 500.000.00
c. Department Se~ices
d. Total PE Cost Estimate (a+b+c) $ 583,333.00 $ 83,333.00 $ 500,000.00
Right-of-Way
e. Agency Work
f. Other
g. Department Services
h. Total RNV Cost Estimate
Construction
L Contract
j. Other
k. Other
I. Other
m. Total Contract Costs (i+j+k+l)
Construction Engineering
n. Agency
o. Other
p. Department Forces
q. Total Construction Engineering (n+o+p)
r. Total Construction Cost Estimate
s. TOTAL COST ESTIMATE OF THE
PROJECTJd+h+r) $ 583~333.00 ~ 83~333.00 $ 500~000.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 3/99
RUSH (Needed by __/__/. (date))
Reason for RUSH :
__ Advertise (Letting Date) Termination/Cert of Comp
__ Award __ LOA Supplemental __ Renewal Correction
X New __ Addition __ court order __ overrun
Contract NO.: AJ246 Contract Type: AH Method of Procurement: G
vendor Name: CITY OF SANFORD vendor ~D: F596-000-425-002
Has written/verbal Approval from a Participating Federal Agency
been received __ Yes _x_ No
Fed Agmt Amt: $500,000.00 State Funds: $0 Local Funds: $83,333.00
Beginning date of th~s Agmt: 10/10/00(Must be after fund approval)
Ending date of this Agmt: 06/30/2002 (Estimate if necessary)
Execution date of this Agmt: 10/10/00(Only on original agreements)
Has 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:
Ooes this agreement and/or change order include provisions for
.reimbursement to D.O.T. from other entities? Yes _x_ No
Brief Description of work/Comments: DESIGN OF MULTI-USE TRAIL/
SIDEWALK ALONG LAKE MONROE IN SANFORD
ORG-CODE *LO * OB3ECT * AMOUNT *FIN PRO] or 3OB # *FCT
(FISCAL YEAR) (FUND) alpha
55 053010541 * PO * 790089 * $ 500,000.00 * 240278-2-38-01 * 215
(00/01) ( XA )
55 05 * * * $ * *
( ) ( )
55 05 * * * $ * *
( ) ( )
TOTAL AMOUNT * $ 500,000.00 *
Originator: M.B. TAKACS DATE SENT: lO/04/o0 PH/SC: 335-7859
E-mail USERID(S): PL530MT
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY _100100 CATEGORY __.088849
WORK PROGRAM VERIFICATION .OK
ALLOTMENT YEAR 01__ DATE CHECKED
CZ _NEW/04 0001__
FUNDS APPROVED BY JOHN FAIN.
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: _10-09-2000__
Florida Department-of Transportation
JEB BUSH
GOVERNOR
133 South Semoran Blvd.
Orlando, FL 32807
THOMAS E BARRY, JR.
SECRETARY
October 31, 2000
Mr. Jay R. Marder, AICP
Director of Engineering and Planning
City of Sanford
P. O. Box 1788
Sanford FL 32772-1788
Dear Mr. Marder:
SUBJECT: LOCAL AGENCY PROGRAM AGREEMENT
FM No.: 240278-2-38-01
Contract No.: AJ246
Project: Lake Monroe Riverwalk
This letter will serve as the City's Notice to Proceed with the design of the above
project. A fully executed LAP Agreement is enclosed, and funds in the amount of
$500,000.00 have been encumbered for this project.
If you have any questions, please call Marianne Takacs at (407) 482-7859.
Sincerely,
r~ [.ennon Moore
Planning Manager
District Five
enclosure
cc: J. Martin
J. Harley
V. Vacchiano
a:240278x.ltr
www.dot.state.fl.us 1~ RECYCLED PAPER