MEMO - FINAL PROCESSING OF AGREEMENT
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\- .J~ _<-A L \ .L U 1\._, _ j~,_" J:.". LJ.L \
DATl~ September 24,
1975
Stule of Florida l.JepaI1nll,nt ot 'fren~:p()dl.lL'l),
TO FISCAL
COPIES TO
GEOl;FREY B, DOBSON, Gl;NERAL COUNSEL
BY: Frank II, King, Attorney f~
,CITY OF CLEARWATER, FLORIDA; R. A, Lavette; E. Hart; E, Owens; B,
Downs; D, Cox; C. W. Monts De Oca "
/iUBJEC1' FINAL PROCESSING OF AGREEMENT
FROM
( ) Standard Consultant Agreement
( ) Supplemcntil Consultant Agree,
( ) Standard Research Agreement
( ) Supplemental Research Agree,
( ) Maintenance Service Agree,
( ) Janitorial Service Agree.
( ) Traffic Signal Agreement
C<Xl Mis ce 11 aneous Agreemen t
Project No:
County:"
B. I. No:
15600-3905
Pine11as
Agreement for Pavement Marking Demonstration Program and to
provide certain statistical data in connection therewith,
Estimated cost of $2,158.57.
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Attached are four executed copies of an agreement between the
"Department and CIty OF CLEARWATER, F~ORIDA
(two originals and two Xerox copies) which are being submitted to
you for final processing and paymcnt,if the agreement calls for
payment. '
GBD:FHK:ml
" Attachments
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AGREHiENT
(Pavement Marking Demonstration- publif Body performs Work)
THIS AGRW~rH. ",ade and enter~d into this :l'lf2ay Of~.
197~t by and between the STATE OF FLORIDA DEPP,RTr-~ErlT OF TRArlSPORTATI01!, here-
inafter called the "Department", and CITY OF CLEARWATER, FLORIDA,
. a ~uhicipal ~orporation
hereinafter called the "Public Bodyll;
WIT N E SSE T H
WHEREAS, Department and Public Body desire to cooperate in a
Pavement r~arki ng Demonstrati on Progr~m, \'Ii th the Pub 1 i c Body to prov; de cer-
tain statistical data in connection thertwith.
NOW, THEREFORE, in consideration of the premises, the parties
hereto agree .as fo 11 Q';/S:
1. The Public Body will undertake a Pavement Marking Demonstration
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P'ogram, hereinafter referred to as Program, more particularly described in
E.:hibit flAil, attached hereto and made a part hereof, at an estimated cost of
$.?;,158.57. The Program estimated cost includes $ 00
for the Depa rt-
mf~ntls services as \'/e11 as $ 2,158.57 for \'lork to be accomplished by
Pllblic Body.
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2. In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorizaticn is requisite under applicable
1 a\'1 to enable the Public Body to enter into this Agreement or to undertake
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the Program hereunder, or to observe, aSSUr:l€ or carry out any of the provi-
sions of the I'\gt'ee~ent, the Public Body vzill initiate and consumrilate, as
provided by 1a\l, all actions necessary with respect to such matters so
requisite.
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3. The Public Body \'/i11 be reimbursed one hundred percent (100%)
of their cost of the Program \.,hichis estima.ted at $2, 158.57. In the
event the actual cost of the Program differs from the estimated cost, the
Department will pay to the Public Body all prior authorized expenditures not.
to exceed a total cost of $ 2,158.'57. Authorized costs to the Public Body
include preliminary engineering expenses incurred after
.N/A
, 1975;
but do !!.2! include any expenses incurred in the perfonnance of paragraph
fou r .
4. The Public Body snall obtain traffic ~ounts of all streets
within the Program limits prior to ppplication of t~e pavement markings and
also annually for a b'lO year period commencing on t.1e date of the Department's
approval of the pavement marking application. Traffic counts are to be
obtained in a manner approved by the Department. The Public Body shall obtain
hard copies ~f the accident reports for a period of 12 months prior to the
application of any pavement marking and 24 months f~llowing the paverr.ent marking
application. The accident record periods may be any consecltive 12 ~ontb
period; hm'lever, the before and after periods must:e ident'cal. The Public
Body shall report to the Department by July 15th of each ye,r~ the number of
accidents, the number of injuries, and the number of fatalities occurring
during the accident record periods and the traffic count for that accident
record period. By July 15th of each year, the Public Body shall also complete
U. S. Department of Transportation Form FHHA 1451 as shown in Exhibit lie".
5. AccountinQ Records
(a) The Public Body shall establish for the Program, in con-
formity with uniform requirements established by th~ Department to facilitate
the administration of the financing program, separate accounts to be maintained
within its existing accounting system or set up independently. Such accounts
are referred to herein as the "Program Account". The Program Account shall
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,be made availablclupon request by the Department ]lr Federal High\'Jay Adminis-
tration any time during the period of this ~greement and, for three years after
final payment is made.
(b) The Public Body'sha 11 charge to the Program Account all
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eligible costs of the Prograin~',~,o-sts in excess of $ 2,158.57 must have the
prior approval of the Department. Charges attributable to actions which have
not received the required appro~al of the ~epartment shall not be considered
eligible costs. Determination of eligible costs shall meet all requirer.;ents
of Federal Procurement Regulati~ns.
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. . (c) All costs, charged to the Program, including any approved'
servi ces contri buted by the Pub 1 i c Body 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. All
cos t records 'submi tted to the Department mus t cOl71ply \1i th the Federal Hi g!;~':ay
Administration Pol icy and Procedure 1.1emorandum 30-6 "Reimbursement Vouchers
PR-20 and PR-2l" and its revisions.
such check or order is drawn. All checks, payrolls, invoices, contracts,
vouchers, order~, or other accounting documents pertafnin~ in whole or in
part to the Program shall be clearly identified, readily accessible and to
the extent feasible, kept separate and apart from all other such documents.
(e) At the request of the DeparbT.ent or Federal Highway
Administration, the Public Body shall provide for each of its fiscal years
for which the Program Account remains open, an audit report prepared either
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by its official atidi~or or a~dit agency or an independent certified public
accountant, reflecting in detail the use of the funds of the Public Body,
and those from any other source with respect to the Program.
6. Payments
(a) The Department shall make a lump sum payment to the
Public Body for all eligible costs at the completion of the Pavement Harking.
Subsequent lump sum payments will be made annually for two years for approved
maintenance of the Program. HO'Ilever, notwithstanding any other provi sian of
this Agreement, the Depart~ent may elect by notice in writing not to make
a payment on the total cost or any portion of the cost of the Program if:
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(1) There is then pending litigation with respect to the
performance by the Public Body of any of its duties or obligations \.;hich may
jeopardize the Program, this Agreement, or payments to the Program.
(2) The Public Body shall have taken any action pertain-
ing to the Program which under the established procedures requires the prior
. ipproval of the Department or shall have proceeded to make related expendi-
tures or incur related obligations without having been advised by the Depart-
:nent that the same are satisfactory.
(3) There has been any violation of the conflict of
interest provisions contained herein.
(4) The Public Body shall be in default under any of the
provisions of the Agree~ent.
(b) In determining the amount. of the payment, the Dep~rtIr.ent
will exclude all Program costs incurred by the Public Body prior to the
effective date of this Agreement and cost attributable to goods or services
received under a contact or other arrangements which have not been approved
in \-lr; ti n9 by the Department.
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7. Tennination or Suspension of Deparfr.lcnt's Obliqations
(a) If the Public Body abllndonsor, before completion. finally
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discontinues the Program; or if, by reason of any of the events or conditions
set forth in paragraph (6) hereof, or fo'r any other reason, the cOIrmencement,
prosecution, or timely completion of the Program by the Public Body is
rendered improbable, infeasible. impossible. or illegal. the Department nay.
by written notice to the Public Body. suspend any or all of its obligations
under thiS Agreement until such time as the event or condition resul ting in
such suspension has ceased or b~en corrected. or the Departme~t may terminate
any or all of its obligations under this ^greement.
out in conformity with the latest schedule as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the
failure of the Public Body to furnish the schedule within a reasonable time.
lhe acceptance of a remittance by the Public Body or the closing out of Federal
financial participation in the Program shall not constitute a waiver of any
claim \'Jhi eh the OepartIr.ent may othenli se have ar; sing out of thi s Agreement.
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,8. The t u~liC BP~Y' sha'l1 permit the Federal High\'/ay Administra-
t10n and the Department's authorized represe.ntatives to inspect all \'lOrk,
materials, payrolls, records; and to audit the books, records, and accounts
of the Public Body pertaining to the financing and development of the
Program.
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9. The Public Body shall not execute any contract or obligate
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itself in any manner requiring the disbursement of Program financing,funds
.i~cluding consultant or construction contracts, with any third person with
respect to the Program.
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10. Restrictions, Prohibitions, Controls and Labor Provisions
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(a) In connecti on \'lith the carrying out of any Program, the
Public Body shall not discriminate against any em~loyee or applicant for
employment because of race, creed, color, sex, or national origin. The Public
Body will take affirmative action to insure that applicants are employed, and
that emp 1 oyeec; are treated duri 09 employment, \.,i thout regard to thei r race,
creed, color, sex, or national origin. Such action shall include, but not be
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limited to, the follovling: Err )loyment upgrading, der.1otion or transfer,
recruitment or recruitment advt!rtising; layoff or termination; rates of pay
or other forms of comp'ensation. and selection for training, including apprentice-
ship.
(b) The Public Body \.,111 comply \.Jith all the requirements imposed
by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations
of the U. S. Department of Transportation issued thereunder, and the assurance
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by the Pub 1 i c Body thereto.
(e) The Public Body shall not enter into any contract, or arrange-
ment in connection with the Program, in which any member, officer, or employee
of the Public Body or the locality during his tenure or for one year thereafter
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has any interest) direct or indirect. If.any such present or former member,
officer) or employee invol'Jntarily acquires or had.acquired prior to the begin-
ning of his tenure any such interest, and if such interest is immediately dis-
closed to the Public 'Body and such disclosure is entered upon the minutes of
the Public Body, the Public Body \'lith the prior approval of the Department,
may waive the prohibition contai~ed in the subsection: Provided) that any
such present member, officer or employee shall not participate in any action
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by the Public, Body or the locality relating to such contract or arrangement.
The Provisions of this subparagraph shall not be applicable to
any agreement bet\'/een the Public Body and its fiscal depositories, or to any
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agreement for utility services the rates for which are fixed or controlled by
a Governmental agency.
(d) No member of or delegate to the Congress of the United
States sha 11 -be admitted to any share or pat~t of thi s Agreement or to any
benefit arising therefrom.
(e) In the evert this Agreement is in excess of $25,000) the
apprentice employment requirenents of ChaDter 446.101(3L Florida Statutes
are hereby incorporated as st2ted in Attachment ~. .
11. In the event this contract is in excess of $25,000, or has a
term for a period of more than one year, the provisions of 334.21(8)(a),
Florida Statutes, are hereby incorporated:
"(A) The Department shall not, duririg any fiscal year, expend
money, incur any liability, or enter into a~y contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as avail-
. able for expenditure during such fiscal year. Any contract, verbal or written,
~de in violation of this subsection shall be null and void, and no money
shall be paid thereon. The Department shall require a statement from the
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/. comptroller of the ~~partmcnt that. fun~s are avai1~lc p.rior to.entering
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into any such contract or other' binding conmitmcnt of funds. Nothing
herein shall prevent the making of contracts for a period exceeding one
year, but any contract so n1ude shall be executory only for the value of the
the services rendered or agreed to be paid for in succeeding fiscal years,
and this paragraph shall be incorporated verbatim in all contracts of the
Department in excess of h/enty-five thousand dollars and having a term of
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more th an one yea r. II
12. The Public Body hereby agrees to indemnify, defer.d, save ~nd
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hold harmless the Department from all claims, demands, liabilities and suits
of any nature whatsoever arising out ~f, because of, or due to the breach of
this Agreement by the Public Body, its agents or employees, or due to any
act or occurrence or omission or commission of the Public Body, its ag'::nts
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or employees; It is specifically understood and agreed that this indemnifi-
cation agreement does not cover or indemni fy the Departr.:ent for i ts o~m ne91 i-
gr.nce or breach of contract.
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It is mutually agreed that the Depart~ent's Director of Road
Orerations shall decide all questions, difficulties and disputes of whatever
ncture which may arise under or by reason of this Agreement, the prosecution
and fulfillment of its services hereunder, and the character, quality, a~ount,
and value thereof and his decision upon all c1ai~s, questions and disputes
shall be final and conclusive upon the parties hereto.
IN WITNESS lJHEREOF, the Public Body has caused this contract to
be duly executed in its behalf, and thereafter the Department has' caused the
same to be duly executed, all as of the day and year first above written.
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APPROVED:
~.~
own, Director of oa
Operations
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Countersigned:
~~:/--;<~./~#--t~
Mayor-Commission
AfPROVED AS 10 FORM, LEGALITY
AtlO EXECUTION, FLORIOP-.
OEPARTI.1EiH OF TRi\:lSPO?TATIml
BY: ~ t. tl~
ss ~ant ttorney
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STATE OF FlORIOA
DEPARH1Ern OF TRAi~SPORTATIO:1
_ BY: a~ ~ .
~ mlnlstratlon
ATTEST: (&^-~ ~o.A,iSEAL)
Public Body
. . CITY O~CLEARWATER, FLORIDA
BY: illitE '1 ~)
TITLE: Cibe 1Y1an,ag-er
ATTEST: t~U~ (SEAL)
TITLE: City Clerk APR 29' -j975 ,
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RESOLUTION
No. 7S - 60
A RESOLUTION AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT BETWEEN THE
DEPARTMENT OF TRANSPORTATION AND THE CITY
OF CLEARWATER REQUESTING PARTICIPATION IN
THE 1973 HIGHWAY SAFETY ACT, SPECIFICALLY
SECTION 205, PAVE1v1ENT ~AARKING.
. WHEREAS, the Department of Transportation of Florida has offered
the City of Clearwater the opportunity to participate jointly with the Florida
Department of Transportation and the F. H. W. A. in The 1973 Highway Safety
Act Program, specifically Section 205, Pavement Marking; and
WHEREAS, it is the desire: of the City of Clearwater to accept the
offer of the Department of Transportation of Florida and to enter into the
Pavement Marking Program of The 1973 Highway Safety Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION REGULARLY AND DULY ASSEMBLED, AS
FOLLOWS:
1. That the Mayor-Commissioner, City Manager, City Clerk and
Act ing City Attorney of the City of Clearwater be and they are hereby authorized
anf directed to execute that Memorandum of Agreement between the Department
of Transportation of Florida and the City of Clearwater providing for a
Pa'\ ement Marking Program under Section 205 of The 1973 Highway Safety
Act, which Agreement is attached hereto and made a part hereof.
Z. That a certified copy of this Resolution be forwarded to the
Department of Transportation of Florida in order that it may be advised of
the City. s intent and authorization of this Commission to enter into such 1973
Highway Safety Act Program for Safety Improvements on City streets.
PASSED AND ADOPTED this 21st day of April, A.D. 1975.
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Attes,t: .' ~./~}
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y/~ <' 4[<~/
r- Clerk
~[~~~"i/Pr:t;J /L.t?Y
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:Mavor-Commiss,-ioner .
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I, R. G. Whitehead, duly appointed City Clerk of the City
of Clearwater, Florida, certify the foregoing to be a true and
correct copy of Resolution ao.
75-60
adopted by the
April
City Co~~ission on the 21st
day of
A. 'D. 1975 .
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Witness my hand and the seal of the City of Clearwater,
this
8th
May
, 19 75
.
day of
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