LOCALLY FUNDED AGREEMENT - FPN 437498 1 32 01 DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FM 437498 1 32 01
LOCALLY FUNDED AGREEMENT
This Agreement made by and entered into on this 17th day of February , 2022 by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
whose address for purposes of this Agreement is 11201 North McKinley Drive, Tampa,
Florida, 33612-6403, ("the DEPARTMENT"), and City of Clearwater, whose address for
purposes of this Agreement is 100 South Myrtle Avenue, Clearwater, Florida, 33756
("the CITY"); and
WITNESSETH
WHEREAS, the DEPARTMENT is authorized to enter into agreements with
governmental entities in accordance with Chapter 334.044, Florida Statutes; and
WHEREAS, the DEPARTMENT agrees to design the SR 60 (Courtney
Campbell) Pedestrian Overpass from Courtney Campbell Trail to Bayshore Trail project
as described in the DEPARTMENT's Five-Year Adopted Work Program as Financial
Project Number (FPN) 437498 1 32 01 ("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 "A."; and
WHEREAS, the CITY agrees to deposit funds with the Department of Financial
Services in the amount of $250,000.00 (two hundred and fifty thousand dollars) for the
PROJECT.
SECTION 1
OBLIGATIONS OF THE DEPARTMENT
1.1 The DEPARTMENT shall be responsible for performing all design activities for this
project.
1.2 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.
DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FPN: 437498 132 01
SECTION 2
OBLIGATIONS OF THE CITY
2.1 The CITY shall provide the funds needed to design the PROJECT in accordance
with the provisions hereunder in Section 3, Financial Provisions.
2.2 The CITY will be responsible for providing $250,000 to aid the design of
aesthetics and completion of the design phase 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 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 shall furnish the DEPARTMENT with a deposit in the amount of
$250,000.00 (two hundred and fifty thousand dollars) by March 15, 2022, for full
payment of the estimated project cost for Locally Funded project number 437498
1 32 01. The DEPARTMENT may utilize this deposit for payment of the costs of
the PROJECT.
3.3 If the actual cost of the PROJECT is less than the funds provided, the excess will
be applied to other phases on the project.
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DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FPN:437498 132 01
3.4 -VERIFY
The DEPARTMENT:
1. Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the DEPARTMENT during
the terms of the contract; and
2. Shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by SUBCONTRACTOR during the contract term.
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 mutual consent of the parties.
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.
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:
TO DEPARTMENT: TO CITY:
Ms. Marcia Haines Mr. Art Kader
FDOT City of Clearwater
1201 N. McKinley Drive, M.S. 7-350 100 S. Myrtle Ave, Room 220
Tampa, Florida 33612-6456 Clearwater, Florida 33756
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.
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DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FPN: 437498 1 32 01
5.5 Nothing herein shall be construed to create any third-party beneficiary rights in any
person not a party to this Agreement.
SECTION 7
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 al 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 representative.
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DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FPN:437498 1 32 01
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized representatives on the dates written below.
CITY OF CLEARWATER
9 � • 1
FRANK HIBBARD JON JENNINGS
MAYOR CITY MANAGER
APFRQVED AS TO FORM: ATTEST:
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I '
OWEN KOHLER ROSEMARIE CALLy
ASSISTANT CITY ATTORNEY CITY CLERK .earrr
STATE OF FLORIDA !
DEPARTMENT OF TRANSPORTATION IS110
DocuSigned by:
DocuSigned by:
ATTEST r` 4110 BY: A�A4 AUSS .-E.
EX TIVE SECRETARY UMGSS, P.E.
DIRECTOR OF TRANSPORTATION
DEVELOPMENT, DISTRICT SEVEN
2/17/2022 1 2:26 PM EST
DATE
DocuSignnedbjmy:
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°fi3MIMI- REVIEW
DEPARTMENT OF TRANSPORTATION
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DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Ciearwater
FPN:437498 1 32 01
EXHIBIT "A"
PROJECT BUDGET
This exhibit forms an integral part of that certain Locally Funded Agreement between
the State of Florida, Department of Transportation and City of Clearwater, dated
February 17 2022.
1, TOTAL ESTIMATED COST............................... $2,049,875.00
11. PROJECT PARTICIPATION
State Funds........................................................$1,799,875.00
Federal...............................................................$ 0.00
Local Funds.................................................$250,000.00
Ill. PROJECT funds are subject to legislative appropriation of available funds.
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DocuSign Envelope ID:99FAOA03-0492-4699-AE40-C744C4BCCE40
City of Clearwater
FPN:437498 1 32 01
EXHIBIT "B"
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 of Clearwater,
dated February 17 , 2022.
PROJECT LOCATION: SR 60 (COURTNEY CAMPBELL) PEDESTRIAN OVERPASS
FROM COURTNEY CAMPBELL TRAIL TO BAYSHORE TRAIL
PROJECT DESCRIPTION: The project consists of the design of a pedestrian/bicyclist
overpass on the east side of the intersection of SR 60 (Gulf to Bay) and Bayshore Blvd
to include aesthetic treatments as the request of the CITY.
SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY:
The CITY shall provide the funds needed to design the PROJECT in accordance with the
provisions hereunder in Section 3, Financial Provisions.
The CITY will be responsible for providing $250,000 to aid the design of aesthetics and
completion of the design phase of this project
The DEPARTMENT shall be responsible for performing all design activities for this
project.
All other provisions for the compliance of this Agreement shall remain in full force in
accordance with State of Florida and Federal Laws.
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