LOCALLY FUNDED AGREEMENT - FPN 454711-1-12-01CITY OF CLEARWATER
FPN: 454711-1-12-01
LOCALLY FUNDED AGREEMENT
This Agreement made by and entered into on this day of
2026, 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
and CITY OF CLEARWATER, whose address for purposes of this Agreement is
One Clearwater Tower, 600 Cleveland Street, 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 administer the planning phase of the SR 60
from E of Shore Dr to E of N Rocky Point Drive project as described in the
DEPARTMENT's Five -Year Adopted Work Program as Financial Project Number (FPN)
454711 1 12 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 lin Exhibit "A."; and
WHEREAS, the CITY agrees to deposit funds with the Department of Financial
Services in the amount of $200,000.00 (two hundred thousand dollars and zero cents) for
the PROJECT.
SECTION 1
OBLIGATIONS OF THE DEPARTMENT
1.1 The DEPARTMENT shall hire a qualified consultant to perform the project.
1.2 The DEPARTMENT shall invite the CITY to participate in project meetings and will
offer periodic status updates as requested 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.
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CITY OF CLEARWATER
FPN: 454711-1-12-01
SECTION 2
OBLIGATIONS OF THE CITY
2.1 The CITY shall provide the funds needed to administer the preliminary
engineering of the PROJECT in accordance with the provisions hereunder in
Section 3, Financial Provisions.
2.2 The CITY shall review the DEPARTMENT's recommendations and offer
comments for the DEPARTMENT's consideration.
2.3 The CITY will be responsible for providing $200,000.00 (two hundred thousand
dollars and zero cents) to aid the preliminary engineering 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 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
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CITY OF CLEARWATER
FPN: 454711-1-12-01
to that effect.
3.2 The CITY shall furnish the DEPARTMENT with a deposit in the amount of
$200,000.00 (two hundred thousand dollars and zero cents) by June 15, 2026,
towards the project cost for Locally Funded project number 454711 1 12 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.
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 terms 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 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:
Billy Schmidt Annabella (Anna) Hullen
FDOT City of Clearwater
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11201 N. McKinley Drive, M.S. 7-350
Tampa, Florida 33612
CITY OF CLEARWATER
FPN: 454711-1-12-01
One Clearwater Tower, 6th Floor
600 Cleveland Street
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 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 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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Countersigned:
Appr• ed as to form:
Jerrod D Simpson
Senior sistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
en et_!oirrier
City Manager
Attest:
Rosemarie Cali
City Clerk
CITY OF CLEARWATER
FPN: 454711-1-12-01
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
ATTEST: 11 l
BY: (SEAL) BY. S Cgkwi(IPd StC�` 1J
ROSEMARIE CALL BRUCE RECTOR
CITY CLERK MAYOR
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST BY:
EXECUTIVE SECRETARY
FDOT LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
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KELLI BRADLEY, P.E.
DIRECTOR OF TRANSPORTATION
DEVELOPMENT, DISTRICT SEVEN
DATE
CITY OF CLEARWATER
FPN: 454711-1-12-01
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 the City of Clearwater, dated
, 2026J
I. TOTAL ESTIMATED COST $586,780.00
II. PROJECT PARTICIPATION
State Funds $386,780.00
Federal $ 0.00
Local Funds $200,000.00
III. PROJECT funds are subject to legislative appropriation of available funds.
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CITY OF CLEARWATER
FPN: 454711-1-12-01
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 , 2026.
PROJECT LOCATION: SR 60 from E of Shore Dr to E of N Rocky Point Drive
PROJECT DESCRIPTION: The project consists of the planning of S.R. 60 from east of
Shore Drive to east of N. Rocky Point Drive corridor study.
SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY:
The CITY will be responsible for providing $200,000.00 (two hundred thousand dollars
and zero cents) to aid in the preliminary engineering phase of the PROJECT in
accordance with the provisions hereunder in Section 3, Financial Provisions.
The DEPARTMENT shall be responsible for administering the preliminary engineering
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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