LOCALLY FUNDED AGREEMENTCity of Clearwater
FPN: 437498 1 52 02
LOCALLY FUNDED AGREEMENT
This Agreement made by and entered into on this day of , 2024, 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 construct the architectural aesthetic
treatments of 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 52 02 ("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 $750,000.00 (Seven hundred and fifty thousand dollars and
zero cents) for the PROJECT.
SECTION 1
OBLIGATIONS OF THE DEPARTMENT
1.1 The DEPARTMENT shall be responsible for performing the construction activities of
the PROJECT as described in Exhibit B, attached hereto and by reference made a part
of this Agreement.
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.
1.3 Exhibit "B" attached hereto further delineates DEPARTMENT PROJECT
responsibilities.
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City of Clearwater
FPN: 437498 1 52 02
SECTION 2
OBLIGATIONS OF THE CITY
2.1 The CITY will provide $750,000.00 (Seven hundred and fifty thousand dollars
and zero cents) for the construction of the PROJECT in accordance with the
provisions hereunder in Section 3, Financial Provisions.
2.2 Exhibit "B" attached hereto further delineates CITY PROJECT responsibilities.
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 year. The
budget must be adopted by ordinance unless otherwise specified in the
respective 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 the 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.
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City of Clearwater
FPN: 437498 1 52 02
3.2 The CITY shall furnish the DEPARTMENT with a deposit in the amount of
$750,000.00 (Seven hundred and fifty thousand dollars and zero cents) by May
1, 2024, for full payment of the estimated project cost for Locally Funded project
number 437498 1 52 02. 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.
3.4 E -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 term of the contract; and
2. Shall expressly require any contractors or 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 a contractor and 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:
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City of Clearwater
FPN: 437498 1 52 02
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.
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 representative.
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City of Clearwater
FPN: 437498 1 52 02
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
BRIAN J AU
MAYOR
TSR.
APPROVED AS TO FORM:
BY:
JENNIFER POIRRIER
CITY MANAGER
ATTEST:
N KOHLER ✓ ROSEMARIE CALL
LEAD ASSISTANT CITY ATTORNEY
ATTEST
CITY CLERK
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
EXECUTIVE SECRETARY
FDOT LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
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BY:
JUSTIN HALL
DIRECTOR OF TRANSPORTATION
DEVELOPMENT, DISTRICT SEVEN
DATE
City of Clearwater
FPN: 437498 1 52 02
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
2024.
I. TOTAL ESTIMATED COST ... $750,000.00
II. PROJECT PARTICIPATION
State Funds $ 0.00
Federal $ 0.00
Local Funds $750,000.00
III. PROJECT funds are subject to legislative appropriation of available funds.
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City of Clearwater
FPN: 437498 1 52 02
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 , 2024.
PROJECT LOCATION: SR 60 (COURTNEY CAMPBELL) PEDESTRIAN OVERPASS
FROM COURTNEY CAMPBELL TRAIL TO BAYSHORE TRAIL
PROJECT DESCRIPTION: The project consists of the construction of the architectural
aesthetic treatments included in the pedestrian/bicyclist overpass on the east side of the
intersection of SR 60 (Gulf to Bay) and Bayshore Blvd.
SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY:
The CITY will provide $750,000.00 (Seven hundred and fifty thousand dollars and zero
cents) for the construction of the PROJECT in accordance with the provisions hereunder
in Section 3, Financial Provisions.
The DEPARTMENT is responsible for performing the construction and construction
engineering and inspection activities of the PROJECT.
The DEPARTMENT shall hire a qualified contractor to perform the PROJECT construction.
The DEPARTMENT shall invite the CITY to participate in project meetings and provide
periodic updates/status reports as requested.
Upon completion of the PROJECT, the CITY's maintenance obligations for the bridge in
general including cleaning, painting, repair/replacement of architectural elements, plus;
the DEPARTMENT'S maintenance obligations for the structural aspect are set forth in a
separate Maintenance Memorandum of Agreement to be executed for the 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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