JOINT PARTICIPATION AGREEMENT RE REPAIRS/DEBRIS RE HURRICANE JEANNE
Financial Project No.{s): 420262-1-78-01
Federal Aid No.:
Contract No.: ~J, q
Vendor No.: F596000289-046
State of Florida Department of Transportation and
City of Clearwater City Council
Joint Participation Agreement
This agreement, entered into this r day of f;hro"r\I , 2006, by and between the State
of Florida Department of Transportation here~ed the Department, and the City
of Clearwater City Council, located at 112 South Osceola Avenue, Clearwater, FL,
hereinafter called the City.
WITNESSETH
WHEREAS, the Department and the City are desirous of having the City reimbursed for
certain repairs/debris removal to the Federal Highway Administration (FHWA)
functionally classified City road(s) damaged by Hurricane Jeanne. These repairs are
located within the City of Clearwater and are hereinafter referred to as the Project; and,
WHEREAS, the Department is prepared to allocate funds towards the reimbursement
for the removal of debris and/or repair of City roads in accordance with the Executive
Order 04-217, dated September 24,2004 and President George W. Bush subsequent
Disaster Declaration, dated September 26, 2004 under the Robert T. Stafford Disaster
Emergency Act, to provide for the reimbursement of FHWA eligible costs of for Financial
Project Number(s): 420262-1-78-01. All FHWA non-participating costs shall be borne
by the City; and,
WHEREAS, the debris removal/repairs of these FHWA functionally classified City
road(s) damaged by Hurricane Jeanne were in the interest of both the Department and
the City and it was more practical, expeditious and economical for the City to perform
such activities; and,
"
"WHEREAS", the City Council approved this agreement on 1~/b, 2005, as
evidenced by a city resolution or certified copy of the minutes taken at the Board's
meeting attached hereto; and,
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the Project, the parties agree to the following:
1 . The recitals set forth above are true and correct and are deemed incorporated
herein.
2. The City has provided all design services necessary for completion of the
Project.
3. The City has obtained any permits necessary to complete the Project.
4. The City assured that the Project complies with all Federal Highway
Administration (FHWA) and Department standards.
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5. The City shall make available to the Department upon request any existing plans
(if applicable) relevant to the City's design and construction activities. Prior to
construction, the Department shall approve plans which reflect the restoration work
replaces the pre-storm conditions except as approved in the FHWA Detailed Damage
Inspection Report for betterment. The City will be responsible for verifying the accuracy
of any Project related plans prepared on the City's behalf, and the City shall revise them
as necessary to reflect 'as-built' conditions upon completion of construction. Project
plans that have been modified to reflect 'as-built' conditions shall be provided to the
Department.
6. The Department agrees to reimburse the City only for eligible costs as stated in
the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto
and made a part hereof. All other costs are to borne by the City.
7. The Department shall have ten (10) working days to approve any invoice
submitted by the City. Project costs eligible for Department participation will be allowed
only from the date of final execution of the Agreement. The City shall submit invoices
for fees and other compensation for services or expenses in detail sufficient for a proper
per-audit and post-audit thereof. Invoice(s) shall be submitted to State Department of
Transportation, Procurement, MS 7-710,11201 N. McKinley Drive, Tampa, FL 33612-
6456, Attn: Romona Burke
8. The Agreement and any interest herein shall not be assigned, transferred or
otherwise encumbered by the City under any circumstances without the prior written
consent of the Department. However this Agreement shall run to the Department and its
successors.
9. This Agreement shall continue in effect and be binding to both the City and the
Department until the Project is completed and appropriate reimbursements are made.
10. The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contracts which by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during the fiscal
year. Any contract, verbal or written, made in violation of this subsection is null and
void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to
entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding 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 in
excess of $25,000 and which have a term for a period of more than one (1) year.
11. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the Department at all times during the period of this
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Agreement for three years after final payment is made. Copies of these documents and
records shall be furnished to the Department upon request. Records of costs incurred
include the Contractor's general accounting records and the project records, together
with supporting documents and records of the Contractor and all subcontractors
performing work on the project, and all records of the Contractor and subcontractors
considered necessary by the Department for the proper audit of costs.
12. The Department may cancel this Agreement for refusal of the City to allow public
access to all documents, papers, letters, of other material subject to the provisions of
Chapter 119 of the Florida Statutes, made or reviewed by the City in conjunction with
this Agreement and shall make provisions in its Agreements with its consultants and
sub-consultants to terminate for failure to comply with this provisions.
13. The City warrants that it has not employed or obtained any company or person,
other than bona fide employees of the City, to solicit or secure this Agreement, and it
has not paid or agreed to pay any company, corporation, individual or firm, other than a
bona fide employee employed by the City. For breach or violation of this provision, the
Department shall have the right to terminate the Agreement without liability.
14. To the extent allowed by the Laws of Florida, the City hereby agrees to
indemnify, defend, save, and hold harmless the Department from all claims, demands
liabilities, and suits of any nature arising out of, because of, or due to any negligent or
international act and/or occurrence, omission, or commission of the City, its agents, or
employees. It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the Department for its own negligence.
15. This Agreement is governed by construed in accordance with the laws of the
State of Florida.
16. The Agreement is governed by and construed in accordance with the laws of the
State of Florida.
17. Section 215.422(5), Florida Statutes, request the Department to include a
statement of vendor rights in the Agreement. The City is hereby advised of the
following time frames. Upon receipt, the Department has five (5) days to inspect the
goods and services provided by the City. The Department has twenty (20) days to
deliver a request for payment to the Department of Financial Services. The twenty days
are measured from the latter of the date the invoice is received or the goods and
services are received, inspected and approved by the Department.
If payment is not available with forth (40) days a separate interest penalty at a rate as
established pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and
payable, in addition to the invoice amount, to the City. Interest payments of less than
one (1) dollar will not be enforced unless the City requests payment. Invoices which
have been returned to the City because of invoice preparations errors will result in delay
3
in the payment. The invoice payment requirements do no start until a properly
completed invoice is provided the Department.
A Vendor Ombudsman has been established with the Department of Financial Services.
The duties of this individual include acting as an advocate for the City in the event that
the City 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 Department of Financial Services Hotline 1-800-848-3792.
18. This document incorporates and includes all prior negotiations, correspondence,
conversations, Agreements, or understanding applicable to the matters contained
herein, and the parties agree that there are no commitments, Agreements or
understanding 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. It is
further agreed that no modification, amendment, or alteration in the terms and
conditions contained herein shall be effective unless contained in written document
executed with the same formality and of equal dignity herewith.
19. The Department agrees to reimburse the City for the services herein described
on the DDIR(s). Payment shall be made only atter receipt and approval of goods and
services unless advance payments are authorized by the Department of Financial
Services 215.422 (14), Florida Statute, or by the Department's Comptroller under
section 334.044(29), Florida Statutes.
20. 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 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 or real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or a 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.
21. The Department's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature.
22. The Department will consider the employment by any contractor of unauthorized
aliens a violation of Section 274Age) of the Immigration and nationality Act. If the
participant knowingly employees unauthorized aliens, such violation shall be cause for
unilateral cancellations of this agreement.
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23. Any or all notices (except invoices) given or required under this Agreement shall
be in writing and either personally delivered with receipt acknowledged or sent by
certified mail, return receipt requested. All notices delivered shall be sent to the
following address:
If to the Department:
Florida Department of Transportation
Procurement, MS 7-710
Attn: Romona Burke
11201 N. McKinley Drive
Tampa, FL 33612-6456
If to the City:
City of Clearwater City Council
P.O. Box 4748
Clearwater, FL 33758-4748
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In Witness Whereof, the City has caused t is Joint Participation Agreement to be
executed in its behalf this l6:,tL day of 2005, by City of Clearwater
City Council, and the Department has executed this Joint Participation Agreement
thro1ih its Director of Transportation Operations, Florida Department of Transportation,
this day of ~20". The effective date of this Agreement shall be the
date the last party to this ~greement has signed.
City of Clearwater City Council
COuntersigned: ~
By: -L#t~;:
'--Pfank V. Hibbard .
Mayor
Department of Transportation
~. ~.
. Moulton, Jr., .
of Transportation Operati
CITY OF CLEARWATER, FLORIDA
BY: ~a~~--:lt
William B. Horne, II
City Manager
Attest:
.'\.; . ..~....,.,
- ~ ~
"" -,-.-
r-'~c.~.r..'.nt~'G!J.-.. ~deau +-+
.~y ~erk.: _
-'~. -~~ .- "-. ' .-
Approved as to form:
By: w~~~
Robert J. Sur t
Assistant City orney
6
If ~ 0 ~c'od-/:' g - 01
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u.s. Department
ofTranspcirtation
Federal Highway
Administrat~
Location (Nam~ of Road and Milepost)
City of Clearwater
.
Report,'N.~mb~r y
."':,..~
DETAILED DAMAGE INSPECTION REP()~T
JE15-'013
(Title 23, Federal-aid Highways)
Sheet
1
_of_
FHWA .Disaster Number
De$criplion of Damage
Debris Removal, First PaS13 only (pick-up and disposallwithin the
right-of-way. Hurricane Jeanne
FL-04-04
Inspection Date
3-26-2005
Federal-aid Route Number
Various SR/US Routes
State County
FL pinellas
Cost Estimate
Desci:iption of \Norkto Date
(Equipment. Labor. and Materials)
I:.a.Por & eauiomertt cost on Federal-aid
roads Citv of Clearwater: 341.40 mi total LS
/ 22.05 mi Federal-aid - 6.46% ea
Unit U nit Price
Quantity
Cost
Completed Remilining
1
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Subtotal .
PElCE
Emergency Repair Total Sf./. 2-':;9. 0 ()
.
o Local Forces
o State Forces
o Contract
o Local Forces
o State Forces
o Contract
Subtotal 5'1 2 qq, 0 0)
PElCE
Right-of-Way
Perm. Repair Totals
Method
Concurrence
o Yes
DNa
Estimated Total
FH~I/t nglneer /) t "\,,1 Y 1 .
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if ~ ",&F .C..... CLf5_
'lo~1 Agen~Representa~ _
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Concurrence
[ljYes
Form FHWA-1547 (Rev. 4-98)
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7i
EXHIBIT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence either directly or indirectly an officer or employee of
any state or federal agency, a member of the Florida Legislature, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
L. "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification 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.
This certification is a material representative of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any persons who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
B~tJt-7f
Signature
William B. Horne II, City Manager
Typed or Printed Name and Title