JOINT PARTICIPATION AGREEMENT - JURISDICTIONAL TRANSFER AGREEMENT
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CITY OF CLEARWATER
FPN: 411336 1 38/5801
JOINT P ARTICIP ATION AGREEMENT
This Agreement made by and entered into on this (p 1/1 day of LJCTtJeElV, 2006, by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, whose address
for purposes of this agreement is 11201 North McKinley Drive, Tampa, Florida, 33612-6456,
(hereinafter called the "DEP AR TMENT"), and the CITY OF CLEAR WATER, a municipal
corporation of the state of Florida whose address for purposes of this agreement is 100 South Myrtle
Avenue, Clearwater, Florida, 33758-4748 (hereinafter called the CITY);
WIT N E SSE T H:
WHEREAS, the DEPARTMENT is authorized to enter into agreements with governmental
entities in accordance with Section 334.044, Florida Statutes; and
WHEREAS, on August 21, 2000, the DEP AR TMENT and the City executed a Jurisdictional
Transfer Agreement, hereby attached by reference and made a part hereof, whereby the City would
own and maintain SR 60/Cleveland Street/Gulfto Bay Boulevard from 0.476 miles West of Pierce
Boulevard to Highland Avenue; and
WHEREAS, said Jurisdictional Transfer Agreement was amended on February 13, 2006 and
is hereby incorporated by reference herein, and the DEPARTMENT agreed to provide to the CITY,
funds in the amount of $436,000 (four-hundred thirty-six thousand dollars) for preliminary
engineering activities, as programmed in the DEP AR TMENT' s Adopted Five Year Work Program
as Financial Project Number 4113361 3801 in fiscal year 2006 and the amount of$I,857,670 (one
million eight-hundred fifty seven thousand, six hundred seventy dollars), as programmed in the
DEP AR TMENT' s Adopted Five Year Work Program as Financial Project Number 411336 1 58 01
in fiscal year 2008 as compensation to the CITY for its construction of the resurfacing of S.R.
60/Cleveland Street from Myrtle Avenue to Frederica Lane.
WHEREAS, the City by Resolution No. 0(" - :>-, , a copy of which is attached hereto,
and by reference made a part hereof, has authorized its officers to execute this Agreement on its
behalf.
NOW, THEREFORE, for and in consideration of the premises herein and other mutual
benefits to accrue to each of the parties hereto, it is mutually agreed as follows:
SECTION 1
OBLIGATIONS OF THE CITY
1.1 The City shall perform all phases of the project, including design, construction and
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construction engineering inspection.
1.2 The City shall be responsible for all costs associated with the project that may be above the
amounts currently programmed in the DEP AR TMENT' s Work Program and included in this
agreement.
1.3 The City 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.
1.4 Exhibit "A", Project Description and Responsibilities, is attached hereto and made a part of
this agreement.
SECTION 2
OBLIGATIONS OF THE DEPARTMENT
2.1 The DEP AR TMENT shall provide funds to the City as programmed in the DEPARTMENT's
Adopted Five Year Work Program as FPN 411336 1 3801 and 411336 1 5801.
SECTION 3
COMPENSATION AND PAYMENT
3.1. The CITY submitted a letter requesting payment of a single lump sum in the amount of
$436,000 (four hundred thirty six thousand dollars) to the DEP AR TMENT on August 24,
2006, as programmed under FPN 411336 1 3801.
3.2 The CITY shall submit a letter requesting payment of a lump sum payment to the
DEPARTMENT in the amount of $1,857,670 (one million, eight hundred fifty seven
thousand, six hundred seventy dollars) during State Fiscal Year 2007/2008, as programmed
under FPN 411336 1 5801.
3.3 The parties recognize and accept the funding restrictions set forth in Section 339.135
(6)(a), Florida Statutes, which provides 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 ofthe 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
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be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim
in all contracts of the DEP AR TMENT 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.
SECTION 4
AUDIT RESPONSIBILITIES
The administration of resources awarded by the DEPARTMENT to the CITY may be subject
to audits and/or monitoring by the DEPARTMENT, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular
A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the
recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
the DEPARTMENT staff to the CITY regarding such audit. The CITY further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's
Office oflnspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year,
the recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates
Federal resources awarded through the DEPARTMENT by this agreement. In determining
the Federal awards expended in its fiscal year, the recipient shall consider all sources of
Federal awards, including Federal resources received from the DEPARTMENT. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as
revised, will meet the requirements of this part.
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2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB
Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required. However, if the recipient elects to have an audit conducted in accordance with the
provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes)
are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or
in excess of $500,000 in any fiscal year, the recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules of the DEP AR TMENT of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance
awarded through the D EP AR TMENT by this agreement. In determining the state financial
assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the DEPARTMENT, other state
agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. However, if the recipient elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
nonstate entity's resources (Le., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
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4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title
and number, award number and year, and name of the state agency awarding it.
P ART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary
schedule of prior year audit findings, including corrective action and current status of the audit
findings is required. Current year audit findings require corrective action and status of findings.
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 FDOT, the DEP AR TMENT of Financial Services, and the Auditor General. This section does
not limit the authority of the DEP AR TMENT to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by P ART I of this agreement shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf ofthe recipient directly to
each of the following:
A. The DEPARTMENT at each of the following addresses:
Florida DEP AR TMENT of Transportation
Lawrence Taylor, District JP AlLAP Administrator
11201 North McKinley Drive, Mail Station 7-500
Tampa, FL 33612
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
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2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the DEP AR TMENT for reasons pursuant to section .320 (e )(2),
OMB Circular A-133, as revised, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures
of Federal awards directly to each of the following:
Florida DEP AR TMENT of Transportation
Lawrence Taylor, District lP AlLAP Administrator
11201 North McKinley Drive, Mail Station 7-500
Tampa, FL 33612
In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133,
as revised, and any management letters issued by the auditor, to the DEP AR TMENT at each
of the following addresses:
Florida DEPARTMENT of Transportation
Lawrence Taylor, District JP AlLAP Administrator
11201 North McKinley Drive, Mail Station 7-500
Tampa, FL 33612
3. Copies of financial reporting packages required by P ART II of this agreement shall be
submitted by or on behalf of the recipient directly to each of the following:
A. The DEPARTMENT at each of the following addresses:
Florida DEP AR TMENT of Transportation
Lawrence Taylor, District JP AlLAP Administrator
11201 North McKinley Drive, Mail Station 7-500
Tampa, FL 33612
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by P ART III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. The DEPARTMENT at each of the following addresses:
Florida DEP AR TMENT of Transportation
Lawrence Taylor, District lP AlLAP Administrator
11201 North McKinley Drive, Mail Station 7-500
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Tampa, FL 33612
5. Any reports, management letter, or other information required to be submitted to the
DEP ARTMENT pursuant to this agreement shall be submitted timely in accordance with
OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
P ART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of at least five years from the date the audit report is issued, and
shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such
records upon request. The recipient shall ensure that audit working papers are made
available to the DEP AR TMENT, or its designee, CFO, or Auditor General upon request for a
period of at least five years from the date the audit report is issued, unless extended in
writing by the DEPARTMENT.
SECTION 5
INDEMNIFICATION
5.1 To the extent provided by law, the City shall indemnify, defend, and hold harmless the
DEP AR TMENT and all of its officers, agents, and employees from any claim, loss, damages,
cost, charge, or expense arising out of any act, error, omission, or negligent act by the City,
its agents, or employees, during the performance of the Agreement, except that neither the
City, its 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 DEP AR TMENT or any of its officers, agents, contractors, or employees during the
performance of the Agreement.
5.2 When either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim, and
report its findings to each other within fourteen (14) working days and jointly discuss options
in defending the claim. A party's failure to promptly notify the other of a claim will not act
as a waiver of any right herein.
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SECTION 6
COMMENCEMENT AND TERMINATION OF AGREEMENT
6.1 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 two hundred forty (240) days after
final acceptance of the Project; or in accordance with the provisions found in Section 3.1 (c).
SECTION 7
MISCELLANEOUS PROVISIONS
7.1 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.
7.2 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:
Ms. Mahshid Arasteh, P.E.
Public Works Administrator
City of Clearwater
P. O. Box 1100
Clearwater, FL 33758-4748
(727) 562-4757
Mr. Lawrence Taylor
District JP AlLAP Administrator
Florida DEPARTMENT of Transportation
11201 N. McKinley Drive, MS 7-350
Tampa, Florida 33617-6403
(813) 975-6434
7.3 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.
7.4 This Agreement shall be governed and construed in accordance with the laws of the State
of Florida.
7.5 Nothing herein shall be construed to create any third party beneficiary rights in any person
not a party to this Agreement.
SECTION 8
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
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Agreement shall be binding upon the parties, their successors, assigns and legal representatives.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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, ' . ,
CITY OF CLEARWATER
FPN: 411336138/5801
IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives,
have caused these presents be executed, the day and year first above written.
CITY OF CLEARWATER
DEPARTMENT OF TRANSPORTATION
~~
William B. Home II, City Manager
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SC~LLISTER' P.E., CPCM
DIRECTOR OF TRANSPORTATION
DEVELOPMENT
Countersigned:
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---Ffunk V. Hibbard, Mayor
~1. ~& , 2a1y
DA E f
It) lIP /1) (p
.
DATE
Reviewed as to form:
LEGAL REVIEW
~J2~
Carlos F. Col , ssistant City Attorney
CITY OF CLEAR WATER
/1/
ATTORNEY
DEPARTMENT OF TRANSPO
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EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, DEPARTMENT of Transportation and the City of Clearwater dated /() /u
.
_, 2006.
PROJECT LOCATION: SR 60/Cleveland Street/Gulf to Bay Boulevard within the corporate
limits of Clearwater, Florida, from West of Pierce Boulevard to Highland Avenue.
PROJECT AGREEMENT DESCRIPTION: The project agreement provides funding to the
City of Clearwater to resurface the above referenced area.
SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY
The DEPARTMENT will provide funds to the CITY in lump sum payments, upon written request,
during the fiscal years in which funds are programmed in the Adopted Five Year Work Program
under FPN 411336 1 3801 and 411336 1 5801.
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RESOLUTION NO. 06-51
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING EXECUTION OF A JOINT
PARTICIPATION AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION,
DISTRICT SEVEN, TO PROVIDE FUNDING TO THE CITY
OF CLEARWATER TO RESURFACE SR 60/CLEVELAND
STREET/GULF TO BAY BOULEVARD WITHIN THE
CORPORATE LIMITS OF THE CITY OF CLEARWATER,
FLORIDA FROM WEST OF PIERCE BOULEVARD TO
HIGHLAND AVENUE; PROVIDING AN EFFECTIVE DATE
WHEREAS, the Florida Department of Transportation (FDOT) is authorized to
enter into agreements with governmental entities in accordance with Section 334.044,
Florida Statutes; and
WHEREAS, on August 21, 2000, the FDOT and the City executed a
Jurisdictional Transfer Agreement, hereby attached by reference and made a part
hereof, whereby the City would own and maintain SR 60/Cleveland Street/Gulf to Bay
Boulevard from 0.476 miles West of Pierce Boulevard to Highland Avenue; and
WHEREAS, said Jurisdictional Transfer Agreement was amended on February
13, 2006 and is hereby incorporated by reference herein, and the FDOT agreed to
provide to the CITY, funds in the amount of Four Hundred Thirty-six Thousand and
no/100 Dollars ($436,000.00) for preliminary engineering activities, as programmed in
the FDOT's Adopted Five-Year Work Program as Financial Project Number 411336 1
38 01 in fiscal year 2006 and the amount of One Million Eight Hundred Fifty-Seven
Thousand Six Hundred Seventy and no/100 Dollars ($1,857,670.00) as programmed in
the FDOT's Adopted Five-Year Work Program as Financial Project Number 411336 1
58 01 in fiscal year 2008 as compensation to the CITY for its construction of the
resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to Frederica Lane.
WHEREAS, the City Council wishes to authorize an office of the City to enter into
a Joint Participation Agreement with the State of Florida Department of Transportation,
District Seven; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF CLEARWATER, CITY OF
CLEARWATER, FLORIDA:
Section 1. The Mayor is hereby authorized to execute a Joint Participation Agreement
for a portion of S.R. 60/Cleveland Street/Gulf to Bay Boulevard.
Resolution 06-51
Section 2. City staff is authorized to make payment requests for the $436,000 this
fiscal year and for the $1,857,670 after July 1,2007.
Section 3. This resolution shall take effect immediately upon adoption.
day of
2006.
PASSED AND ADOPTED this
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
~cp~P..-~
Carlos F. Colon
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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Resolution No. 06-51