LOCALLY FUNDED AGREEMENT - FPN 256881-1-52-01CITY OF CLEARWATER
FPN: 256881 1 52 01
LOCALLY FUNDED AGREEMENT
This Agreement made by and entered into on this day of , 2009, by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPO TATION, whose
address for purposes of this agreement is 11201 North McKinley Drive, Tampa, Florida, 33612-
6403, (hereinafter called the "DEPARTMENT"), and CITY OF CLEARWATER, whose address
for purposes of this agreement is Post Office Box 4748, Clearwater, Florida 33758-4748
(hereinafter called the CITY); and
WITNESSETH
WHEREAS, the DF,PARTMFNT is authorized to enter into agreements with
governmental entities in accordance with Chapter 334.044, Florida Statutes; and
WHEREAS the DEPARTMENT agrees to design and construct a 4' x 10' box culvert
under US 19 (SR 55), in the area of Tropic Hills subdivision as part of Financial Project Number
(FPN) 256881-1-52-01 from north of Whitney Road to north of S.R. 60 as described in the
DEPARTMENT's Five-Year Adopted Work Program as Financial Project Number (FPN)
256881 1 52 01 (hereinafter referred to as the "PROJECT"); and
WHEREAS, the DEPARTMENT and the CITY have determined that it would be in the
best interest of the general public and to the economic advantage of both parties to coordinate
and cooperate in their efforts to facilitate development of the PROJECT; and
WHEREAS, in order to complete the PROJECT, the CITY is prepared to provide
financial assistance as provided in Exhibit "B", for construction of the box culvert within the
project limits and within its corporate limits pursuant to Section 339.12 (1) Florida Statutes; and
WHEREAS, the CITY agrees to provide funds to the Department in the amount of
$1,114,000 (one million, one hundred fourteen thousand dollars) to construct a box culvert and
other costs associated with the PROJECT's construction; and
WHEREAS, the CITY by Resolution Number CR ' Z dated the a-1 St" day of
1'Y, 2009, a copy of which is attached hereto and made a part hereof, has authorized its
Mayor o enter into this Agreement.
SECTION 1
OBLIGATIONS OF THE DEPARTMENT
1.1 The DEPARTMENT shall construct the PROJECT, which is in the DEPARTMENT's
Five-Year Adopted Work Program as FPN 256881 1 52 01, as described in Exhibit "A"
attached hereto and by reference made a part of this agreement.
CITY OF CLEARWATER
FPN: 256881 1 52 01.
1.2 The DEPARTMENT shall utilize existing rights-of-way, and any rights-of-way obtained
by the CITY.
1.3 The DEPARTMENT shall keep complete records and accounts in order to record
complete and correct entries as to all costs, expenditures, and other items incidental to the
cost of the PROJECT. Exhibit "A" attached hereto and by reference made a part of this
agreement further delineates the DEPARTMENT's responsibilities.
SECTION 2
OBLIGATIONS OF THE CITY
2.1 The CITY shall provide the funds needed to construct the Project in accordance with the
provisions hereunder in Section 3, Financial Provisions.
2.2 Exhibit "A" attached hereto and by reference made a part of this agreement further
delineates the CITY's responsibilities.
2.3 The CITY shall allow the DEPARTMENT to use any existing CITY right-of-way or
easements for purposes of this project.
SECTION 3
FINANCIAL PROVISIONS
3.1 The parties recognize and accept the funding restrictions set forth in Section 339.135 (6)
(a), and Section 166.241, Florida Statutes, which may affect each of the parties'
obligations. Those provisions are as follows:
(a) "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 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 1 year." Section 339.135 (6) (a), Florida Statutes.
(b) "The governing body of each municipality shall adopt a budget each fiscal year. The
budget must be adopted by ordinance unless otherwise specified in the respective
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CITY OF CLEARWATER
FPN: 256881 1 52 01
municipality's charter. The amount available from taxation and other sources,
including amounts carried over from prior fiscal years, must equal the total
appropriations for expenditures and reserves. The budget must regulate expenditures
of the municipality, and it is unlawful for any officer of a municipal government to
expend or contract for expenditures in any fiscal year except in pursuance of
budgeted appropriations." Section 166.241, Florida Statutes.
(c) The parties agree that in the event funds are not appropriated to the DEPARTMENT
or the CITY for the Project, this Agreement may be terminated, which shall be
effective upon either party giving notice to the other to that effect.
3.2 The CITY agrees that it will, at least fourteen (14) calendar days prior to the
DEPARTMENT's advertising the project for bid, furnish the DEPARTMENT an
advance deposit in the amount of $1,114,000 (one million, one hundred fourteen
thousand dollars) for the full payment of the estimated project cost for locally funded
project number 256881 1 52 01. The DEPARTMENT may utilize this deposit for
payment of the costs of the project.
3.3 The payment of funds under this Locally Funded Agreement will be made directly to the
DEPARTMENT for deposit.
SECTION 4
COMMENCEMENT AND TERMINATION OF AGREEMENT
4.1 This Agreement shall take effect upon being executed by the parties and shall be
terminated upon the earlier of the mutual consent of the parties or as otherwise provided
in this agreement; or three hundred sixty (360) days after final payment has been made to
the contractor and all reimbursements made to the CITY.
SECTION 5
MISCELLANEOUS PROVISIONS
5.1 Any amendment to or modification of this Agreement or any alteration, extension,
supplement, or change of time or scope of work shall be in writing and signed by both
parties and may include approval by the City of Clearwater Board of City
Commissioners.
5.2 Any notice or other document which either party is required to give or deliver to the other
shall be given in writing and served either personally or mailed to:
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CITY OF CLEARWATER
FPN: 256881 1 52 01
TO DEPARTMENT:
Mr. Lawrence Taylor
Special Projects/LAP Administrator
11201 N. McKinley Drive
M.S. 7-500
Tampa, Florida 33612-6456
TO CITY:
Mr. Michael Quillen
Engineering Director
Post Office Box 4748
Clearwater, Florida 33758-4748
5.3 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the
remainder of the Agreement would continue to conform to the intent of this Agreement.
5.4 This Agreement shall be governed and construed in accordance with the laws of the State
of Florida.
5.5 Nothing herein shall be construed to create any third party beneficiary rights in any
person not a party to this Agreement.
SECTION 6
ENTIRE AGREEMENT
This document embodies the whole Agreement of the parties. There are no promises, terms,
conditions, or allegations other than those contained herein and this document shall supersede all
previous communications, representations and/or agreements, whether written or verbal between
the parties hereto. This Agreement may be modified only in writing executed by all parties.
This Agreement shall be binding upon the parties, their successors, assigns and legal
representatives.
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CITY OF CLEARWATER
FPN: 256881 1 52 01
IN WITNESS WHEREOF, the CITY has caused by Agreement to be executed in its
behalf this ? ay of, 2009, by the CITY Manager, autl}orized to enter into and execute
same by Resolution Numb r 09 - Uo of the 3L i 2?1 City Commission on the
day of M24-2009, and the Department has executed this Agreement through its District
Director of Transportation Development for District Seven, Florida Department of
Transportation, this ?;114-- day of , 2009.
CITY OF CLEARWATER
A Florida MunkiR4LCorporation:
ATTEST: BY:_
C Y CLERK y Y MANAGER
Cv hia E. Goudeau °s'??. .pa lliam B. Horne IT
Date Approved by Commission: v5r o2I APPROVED AS TO FORMxJND.
x? RSffi&V=
?;sistant ATTORNEY
PAR MENT OF TRANSP AT N
ATTEST E L B tE1 < <'Gd1?`
CUTIVE SECRETARY OT COLLISTER, P.E., CPCM
DIRECTOR OF TRANSPORTATION
DEVELOPMENT, DISTRICT SEVEN
ter igned: r
CITY OF CLEA ATER
Fr k V. Hibbard, Mayor Leslie K. Dougall-Sides
DATE:
Coun STATE OF FLORIDA
DATE
ATTORNEY
DEPARTMENT OF TRANSPORTATION
CITY OF CLEARWATER
FPN: 256$$1 1 52 01
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Locally Funded Agreement between the
State of Florida, Department of Transportation and the CITY, dated a 8' ,
2009.
PROJECT LOCATION: US 19 (SR 55), from north of Whitney Road to north of SR 60.
PROJECT DESCRIPTION: The project will include the construction of a 4' x 10' box culvert
to replace existing cross drain under US 19 within the projects limits and other cost associated
with the projects construction.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The DEPARTMENT shall perform all phases of the project construction and inspections.
The DEPARTMENT shall hire a qualified consultant and contractor to perform the project.
The DEPARTMENT shall invite the CITY to participate in project meetings and provide
periodic updates/status reports as requested.
The DEPARTMENT shall obtain applicable permits prior to the start of construction.
The DEPARTMENT shall provide the CITY all billing information for its review and
concurrence, prior to the DEPARTMENT's release of final payment to contractors.
In the event that construction conflicts with a CITY utility is encountered during construction,
the DEPARTMENT will immediately stop work and safely contain the work area. Then the
DEPARTMENT and CITY will formulate a plan to address short term and long term solutions to
the issues. Implementation of such plan shall require concurrence by both the DEPARTMENT
and CITY.
Upon substantial completion of the project, representatives from the DEPARTMENT and the
CITY will inspect the work. The DEPARTMENT will allow the CITY to provide the
DEPARTMENT any comments for inclusion with the DEPARTMENT's checklist for
completion.
SPECIAL CONSIDERATIONS BY CITY:
The CITY will furnish the DEPARTMENT with a deposit in the amount of $1,114,000 (one
million, one hundred fourteen thousand dollars) for the estimated cost of the PROJECT.
The CITY shall grant the DEPARTMENT, its agents, employees, consultants and contractors
right of entry on the CITY's right of way easement for the purpose of the PROJECT.
CITY OF CLEARWATER
FPN: 256881 1 52 01
The improvements within the CITY'S right of way will be maintained by the CITY. The
remaining improvements will be maintained by the CITY for their useful life.
The CITY agrees to work with Imperial Cove Apartments and Bay Cove Apartments regarding
the removal of encroachments, gates and other features associated with the PROJECT prior to
the start of construction.
All other provisions for the compliance of this agreement shall remain in full force in accordance
with State of Florida and Federal Laws.
CITY OF CLEARWATER
FPN: 256881 1 52 01
EXHIBIT "B "
PROJECT BUDGET
This exhibit forms an integral part of that certain Locally Funded Agreement between the State of Florida,
DEPARTMENT of Transportation and CITY, dated Mwa -a , 2009.
1. TOTAL ESTIMATED COST ............................ $1,114,000
11. PROJECT PARTICIPATION
State ..................................................................$0.00
Federal ...............................................................$ 0.00
Local Participation ...................................$1,114,000
III. PROJECT funds are subject to legislative appropriation of available funds.
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RESOLUTION NO. 09-26
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF LOCALLY
FUNDED AGREEMENT- BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY
OF CLEARWATER FOR THE DESIGN AND
CONSTRUCTION OF A BOX CULVERT UNDER US 19 IN
THE TROPIC HILLS AREA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the DEPARTMENT and the CITY have mutually agreed on a set of
plans for the construction of a box culvert as part of the US 19 improvements from
North of Whitney Road to north of SR 60.
WHEREAS, funding is being provided by the City in the amount of $1,114,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Locally Funded
Agreement between the Florida Department of Transportation and the City of
Clearwater and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of May , 2009.
rank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougal des Cy i
Assistant City Att ey City
^E. Goudea ? Lor r?F
?TEl
Resolution No. 09-26