97-41:�
RESC�L�ITION NO. 97-4'[
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
JOINT PARTICIPATION AGREEMENT �ETWEEN
THE CITY OF CLEARWATER AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION,
TO CON�TRUCT A NEW MEMORIAL CAUSEWAY
EAST BRIDGE; PROVIDiNC AN EFFECTIVE DATE.
WHEREAS, the construction of a new Memorial Causeway East Bridge is
in the interests of both the Florida Department of Transportafiion and the City of
Cleannrater. Ji vsrould be most practical, expeditious, and economical for the
Florida Department of Transportation to perForm the services to effect �`•
constructian;
WMEREAS, the Florida Department of Transportation is prepared in
accordance with Florida Siatutes to reimburse the City up to $13,000,000 under
the Joint Partecipation Agreemenfi, a copy of which is attached hereto, to
undertal:e the construciion of the bridge;
WHER�S, in order 4o expedite construction of the bridge, the City is
��prepared to provide advance funding of the project beginnin� in Fiscal Year
' 1997198; no�n► therefore,
�E IT RESOLUED BY THE CITY COMMISSION OF
TNE CITY OF CLEARWATER, FLORIDA;
�ection 1. The Ciiy Commission hereby accepts and approves t�e
Joint Participation Agreement between the City of Clearwater and the Florida
�leparimenfi of Transportation, to construct a new Memorial Causeway East
Bridge.
S�ctior� 2. ihis resolution shall take effect immediately upon adoption.
PASSED P��fD ADOPTEL� �S�is 19eh day of June , 1997.
Approved as to formt
_�� C
� Pamela K. Akin, Ci#y Attorney
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Attest:
�. �. W�
Cyn ia E. G�udeau, City Clerk
Resolution h1o.97-41
� t-
Joiait Particfigaiion �sgreement
Bet�veen
Flarada D�p�rt�nent of Transportallon and the City of Clcarwater
This agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TItANSPORTATION (hereinafter referred to as the DEPnttTi�rrC) and the City of Clearwater, a
politicat subdivislan of the State of Florida (hereinafter referred to as the CiTY),
./ Y►1 , �
�rVHEREAS, tha garties have been granted specific legislative authority to enter into this
agree��nt pursuant to Section 339.12 and 339.121, Florida Statutes; and
�NI-3EREA5, the DEPA1tTMENT is prepared in accordance with Florida Statutes to reimburse the
CrTY �p eo $13,G�00,()00, as defined 'an this agreement, to undertake the advanced funding of the
pr�ject desc�i�ed as a new NiE1VI0I8I�lL CAU�EWAY EAST SIBI��E, hereinafter referred to
as ttie "Ftto.trc°t'", and
V4�F�ERrAS, tiis gRO7ECT is on the State Highway System, is not revenue producing; and
�JVI'iEREA�, in order to expedite the Ptto�CT in advance of the DEPAR'cMEN'r's schedule, the
�i'TY is prepared to provide advance funding of the Ptto�Cl'; and
�
��AS, the ixnplementation of the PROJF.CC is in the interests of both ihe DEeAxTMENr and
the CrrY �d it woeald be most practical, expeditious, and economiical for the CrrY to perform the
Desige� related services to effect construction;
�REtl;S, the �Tt'�!, by Resolution No. , a copy of which is attached hereto as
]Exhibit lE, and by reference made a part hereto has authorized its officers to execute this
Ag�ment on ats behalf:
WHE1iEAS, tin� �ev� bridge�will be a focal pnint to those tourists and year round residents who
c�averse betv�een Cle�rwat�r Beach and the redeveloped i?owntown area.
�1V�El�Ep►S, a bridge of this tyge will act as a signature piece as the entrance to Clearwater Beach
and ia ihe Downtown Baasi�css Districi.
'yVHE�t�3, the CFT� intends to provide advance funding for construction of the project
acearding tm ttae schedule in Bxhibit D in Fiscal Year 2Q01/2002.
NO"aNN, TI3i'..�EFQFtE, u► consideration of the mutual benefits to be derived from the joint
participatinn of this Agneement, the pa�ties agrec as follows:
� el:igl�Qinlmemar jpa
luro f7, 7997
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ra� 1. The CITY shall hire a consultant in accordance with Sec6on 287.055 of the Florida
Statutes "Consultants Competitive Negotiation Ad" listed in Exhibit B to provide
consultant design services for the pmject. The design process shall be as fallows:
A. The CrrY will begi.n the project design with their funds no later than the
Fourth Quarter of the Depa�ent's Fiscal Year 1997/98. Said �scal Year
beginning on July 1 and ending on June 30 of any year. The DEPA.RTMENT
- will reimbua�see the CrrY up to $3,040,4U0 for design beginning in Fisscal
year 2d02JQ3 according to Exhibit A, the payout schedule establisl�ed by
the DEp,4RTMEtv'r comptroller or sooner if funds become available. If ti�
PRO.�CT is not completed for any reasan, the DEPARTMEN'T �'ill,not
reimburse the CTTY for any costs incurred by the CITY Yn developn�nt of
che PROJE(°T.
B. The CrPY shall submit a P1to7EC'r schedvle for design for appaoval by the
DEPARTMEN'r prior to execution of this Agre�ment. Said schedule shall be
included as a part of this Agreement and is hereby referred to as Exhibit I�.
C. 'd'he DEPl+R'['tvtEN'r will assign a project manager for design plans review.
Y The project manager wili review plan submittals �ased on the schedule
listed in Fxhibit D. The design plans shali conform to all State and
Federal Standards as listed in Extiibit B(latest versions as applicable). In
the event plans fail eo comply with said Standards, as defernuned by the
_ project ananager, the DEPE+tt'[2vtENT may teiminate the project and incur no
�esp�nsibility for project design services reimbursement.
2, P�ior to the execvtion of this Agreement, a Project budget for the Ptto7ECi', shat�
t�e outlined by the Crrl' and approved by the DEPAtt'TMEN'r. The CrrY shall then
advanc� funds to the DEPAttTtv�t�'I' for the total cost of the Project Right of Way
Act�ui�ition, Construction and C1EI incluc3ing all support phases, excluding J�Jesign,
based on an estimate approved by ihe DEPARTI�RENf for inclusion in ttAe
' Eldopte.d 'Vdork I'rogra�n for each phase. The fu�tds shall be deposited as provi�d
i� tgae attached N%morandea� of �igc+eement, referred to as Exhibit C, between th�
City, Department and the �tate of Florida Depanment of Insurance, I3ivision of
phe T�asnry. The iunds shali be cieposited no later than June 30 prior to the fiscal
year of the phase in the Adopted Work Program.
a:�ti�,ri�.
t�i�,�rn
The DF.�AttT°MEN'I' will not be required to begin PttolEC1' Right of Way
Acquisition, Construction and CEI uneil said funds ane received by the
DEpARTMENT. In the event the total costs of Pxo1EC[' Right of Way Acyuisition,
Construction, or CEI exceed the amount deposited, the City will pay the addifional
aniounts within 10 work days after receiving notice from the DErnR'rtv�tvT.
��/r��� ��'� �'/
,,� 3, The DEpa,at�rtvt�NT shall acquire Right of Way and shall be responsible for ensuring
that acquisition under this agreement is performed in accordance with all applicable
St�e and Federal standards.
4, 'Tiie Department shall be responsible for advertising, receipt and review of all
constnac6on bids, and a�vazding of the construction con4raci of the Projeci under
this agre�ment in accordance with all applicable Siate and lFedera� standazds.
'Ifi;, DEp�t'r�rre shall hire a professionaY engineering consultant to perform
Consultant Engineering and Inspectian (CEn work during construction for the
PRO�Cr, �+hich CEI work shall be deemed to be past of tha Project. The
DEppitTA�NT, tfirough ats consul�ant, shall be respmnsible for ensuring that the
constnactian work under this agreement is performed in accordance with a1.1
applicable Seate aaid Federal standazds.
5. The j3&QARTMEN�r agrees to reimbucse the CTI'Y for its actual, design consultant
iazvoices, in accordance with Section 339.12 F.S.1996 for design not to exceed
$3,Q�D,�. The total costs to be reimbursed for Right of Way Acquisition,
�ossstauct�on and C`L�I and I?�ssign work shall not exceed $13,OOO,Q00 and is
subjeet to Iegislative approval and appropriation in an amount t�eginning in �sca1
'�ear 2Q02l03 for the Y'RO�ECT. The 1)EPAx'rMENT further agrees to request
. apgropriation of said amount from tl�e legislature prior to each fiscal year in
question.
(, Tfie D;SpAR'rMENC agre�s to make payments to the CrIY in accordance with
E�claibit A beginning in �scal Year 200?J03 as specified in paragraPh 5 of costs
incureed fos Design, Right of Way Acquisition, Constivction and CEI. Payanents
wil� not eACced; $13,OQ0,000 for Design, Right of Way Acquisition, Construction
and CEI work duri�ag F'ascal 'Years specified in Exhibit A as reimburssment co the
Crt'Y for costs incurred for work performed pursuant io this Agreem�nt and
subs�quent to tPae execution of this Agreement, which payments are cond'ationed on
� the following:
�
t�:1�'maoory�*
la�e 17� 194T
�,, 'I'be CtTY pmvide DEPnR'['MEN�' with invoices and other documentation
sufficient to evidence that City has incurmd the requisite costs for Design;
B, `T6at Ct'TY provide DEPARTtv�iT with a letter from a person authorized to
wnfirm that City has incwYed the requisite costs for Design;
C. The DEPnR'!'MFxt' will maintain resPective documentation for costs
incurt�d for Right of Way Acquisition, Construction aad CEI.
�i ��i��t�» ���` ti/
7. If actual total project cost is less than $13,000,000, the DEPAtt'r�vtErrr will make
payment in that actua! Funoun�
8. Both pxrties agree to provide progress reports at agrced upon intervals for each
pi�se for evhich they ate responsible. Either pasty will be en6tled at all tianes to be
advised, at its request, as ea the siatus of v✓.oxk be�ng done and of details tt�ereof.
Either party to the Agreement may mquest and be granted a conf�rence.
9. Accounting Records
a:1g11Qin�a�amr�.
7uoe17.1997
p. The �rrY agrees to keep complete records and account� ira order to record
complete and correct entries as to all costs, expenditures and other fltems
incidental to the CTTY's work for this project.
B. 'd'he CiTY shall establish for the PROIECT, in conformity with uniform
requirements that may be established by the DEPntt'rMExT program
guidelines, procedures and generally accepeeci govemmental auditing
scandazds (GAGAS) to facilitate the administraeion of the financing
program, separate accounts to be maintained within its existing accounting
system or establish independent aecounts. Such accounts are referred to
herein collectively as the "Project Account". The Project Account shall be
made available upon �quest by the DEPAtt'rt�tv'1' anytime during the
period oi this Ageeement and for F'ave (5) years thereafter.
At the rec�uest of the DEPAttTNIEtvT, the CtTY shall pemut the
DEPARTMEN'T's authorized represantatives to inspect all work, materials,
payrolls, necords of personnel, and other relevant data and records; and to
audit the books, records, and accounts of the CrrY, pertaining to the
development of the FttorECt'. Records of costs incurred under terms of
this Agreement shall be maintained and made available upon request to the
g)Ept�RTt�ENT az all times during the period and for five (S) years thereafter
corap4efioa off the P[to�cT. Copies of these dacuments and records shall
be furnished 4o til'� i�E�Att'rtv�tvT.
C. 'I'he CccY shall provide the D�AR'cYv�tvT €or each of its fiscal years for
which the project accouat remains open, two audit repoats prepared either
by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the CRY and those from any
other source with respect to the,projec� Audits shall be performed in
accordance with generally accepted government auditing standards
contained in "Standards for Audit of Governmental Organizations,
I'rograms, Activi6es and Functions", issued by the U.S, General
Accounting Office and OMB Cuculars A-128 or A-133 where applicable.
�.��u.�o�J ���-�l/
,� Tt►e CrrY shall require its auditors to include in their report a schedule of
applicable project assistance for the Design phase as described in Exhibit B,
�pecial Considerations. It is agreed by Yhe CrcY thatwhere official audits
by the d3epartment disclose that the Crnt has b�n paid by the
DEe�tTls�xT for ineligible work under applicable State regulations, that
the value of such ineligible items shall be deduded by the DEPA�t'r�'
fro� subsequent reimbursement re�uests follovring deternunation of
ineligibility. Upon receipt of a�otice of ineligible items, the C1T'Y may
present evidenee supporting the propriety of the questioned payments.
Such evidence �vvill be evaluaied by the DEp,�[t't'MErIT and the CrrY will be
given final notificacion of the amounts, if any, to be deductecl from
subsequent reimbursements.
10. Pub�ic Reco�s
A. The CcrY shall permit, and shall require its contractars to pernut, the
DEPAtt�°s authorized representative to inspect all work, materials,
payrolls, records; and to audik the books, records and accounts pertaining
to the financing and development of the projec�
�. All tracings, glans, specifications, maps, models and/or reports prepared or
obiained under tt�i5 Agreement shall be considered works made for hire and
� shall be�ome �hhe property of the DEP,�t'rMEN!' without restriction or
limitation on their use. The D�eARTA�tvT' will have the right to visit all
sites for inspection of ihe vvork and the drawings of the CTTY at any time.
C. The DEPAR'rMENT reserves th� right to unilaterally cancel this Agreement
for tefusal by the Design Consultant (s) or CrTY to allovar public access to
all documents, paper, letters or other material subject to the pmvisions of
Chapter 119 F.S, and made or received in conjunction with ttus Agreement.
i 1. Ttr� !arovisions of Section 339.135 (6)(a), Florida Statutes, are hereby
ins:r�rporated:
"The DEP.�t'rtv�Nr shall not, during any fiscal year, incur any liability, or enter into
any contract which, by its terins, involves the expendicune of money in excess of
the amounts budgeted as available for expenditure duri�ug such fiscal year. Any
contract, verbal or written, made in violation of this subsection shall be null and
void and the money shall be paid thereof. The DEPAIt'IMEN'r shall requic�e a
stat�ment from ths Comptroller of t}�e DEP�t'rl�rrr that funds are available prior
to enGedng into any such contract or other binding commitrnent of funds. Nothing
herein contained shall prevent the making of contracts for a period exceeding one
year, but any contract so made shall �e executory only for the value of the services
to bc rencktr�i or agreed to be paid for in succceding fiscal years; and this
o.�+m�o►�•
J'trtt�+ 17, ii�'
��vlc��fi��, ��� �l
paragraph shall be incorporated verbatim in all contracts of the DHeARTMEN'r in
excess of $25,000 and having a term for a period of more than one year."
12. Fuither the provisions of Section 339.12(4)(c) Florida Statutes (1996) aze hereby
incorporated:
"The DEPAtt'r1v�Nr is authorized to enter into agreements under this subsection for
a project or phase not included in the Adopted Work Program. The prajece or
project phase must be a high priority of the governmental entity. Reimbursement
fos a project ar praject phase must be made from iunds appropriated by the
legislaElace pursuant eo Section 339.135(5), Florida Statutes. All other provisions
o� 4.�s �ubse�tion apply to agreements entered into under t�ais paragraph. At no
time shall the 204�1 amount of project agreements from projects or project phases
noti included in the Adopted Work Program e�:ceed $�� millioa "
13. �'€� ¢he extent provided by law, the Cr[�t shall indea�uiify, defend, and hold hamiless
tkae ��ptUEt.'ITyiENT and all of its officers, agents, and employees from any claim,
loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by the CrrY, its agents, or employees. during th� performance of the
Agrcement, except that neither the CTrY, its agents, or its employe�s will be liable
under this paragraph for any claim, loss, damage, cost, charge, or expense arisin�
out of any act, enor, omission, or negligent act by the DEPAtt'1'MENr or any of its
officers, agents, or employees during the performance of the Agreement.
When the DEPAR'rtvtENT receives a notice of claim for damages that may have been
caused by the CPI'Y in the performance of services required under this Agreement,
the DEP�'rt�.Hrr will immediately forward the claim to the CI'I'Y. 'The Crnt and
the DEPARTMENT will evaluate the claim and report their findings to each other
withi.n fourteEn (14) working days and will joindy discuss options in defending the
claim. After reviewing the claim, the DEPARTMENT will deternune whe,ther to
require the pacticipation of ttte Crrr in the defense of the claim or to require that
ihe Ccr'3t de%nd the DEP�xTn�x'r in such claim as described in this section. The
D�PAR'�'tv�i's failure to prompfly notify the CTI'Y of a claim shall not act as a
Fvaiver of any xight h�rein to require the participation in or defense of the claun by
th� CrIY. The DEPAR'I1viErrc and the CITY will eaeh pay its own exgenses for the
evaluation, settle�ent negotiafions, and trial, if any. However, if only one pacry
pasticipattes in the defense of the claim at trial, that pacty is responsible for aL!
expenses at trial.
14. 'I'�e A.greement shall coatinue in effect and be binding on the parties until the
pra�ject is coYnpleted, any subsequent litigation is complete and terminated, final
costs ar� known, and legislatively appropriated reimbursements, if approved, are
made by the Department.
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15. This document incorporafes and includes all proper nego6ations, correspondence,
conversakions, agreements, or understanding applicable to �t�e matters contained
�erein and the parties agree that here are no commitments, agreements or
umderstandings concerning the subject matter of the Agre�ment that are not
contained in this document. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upoa any prior representation or agre�ments
whether or�1 or written.
16. The DEPA�'t�rrc agrees that the construction, reconseruction, and maintenance of
the PROJI�T, which is on a State facility, is necessary and pracdcal and in the
best interests of the citizens of the State of Florida, and does hereby authorize the
CtTY to proceed with design of the projec�
'I'he D�partment agrees that ugon satisfactory compledon and acceptance of
th� Project that the responsibility for continued operation and
maintenance of the Project shall be the responsibility of the Department.
�N WYTNESS W�-IERIBOF, the CrrY has executed this Agreement tius day
og ,19_, and the DEPAtt't'tv�rrr has executed this Agreement this day of
, �9—: •
CTI'Y O� CLEARWATER
��:�
N�c:
Tit�e:
E1'I'1'�.ST:
(SEAI.)
,t�pgmved as to foran, 2egality aad
exe.�ution:
Ct�Y Ai�csrney
CITY Manager
o:tgl�pinlm�nor jp.
Jvne 17.199?
STATE OF FLORIDA
DEPARTIviE1�IT OF TRANSPORTATION
BY:
William H.1VIcDaniel, Jr., P.E.
District Seven Secretary
ATTEST:.
Approved as to form, legality and
execution:
DEPAR'!'MEN'c Altorney
Fmancial Provisions Approved by
DEPAttTMENT Comptroller
I�
(S�)
��salu,-fioh 9�—�/
�.
� ';
Exhibii A
Advance Funding Schedule
This exhibit forms an integral part of this Agreement between the State of-Florida, Department of
Transportation and the City of Clearwater
I Estean�.ted Project Cost: $39,900,000
II. Advance �ading From The
�ity to the Depaa�mei�t Fiscal Year 99/OU $36,900,000 (or ?he portion
�ereof necessary to carry out the programmed phase as shown in the Adopted Work
progrzun as referenced in Paragraph 2 of this document.)
III. �teiauburs�ment arf Project Costs from the Department to the City not to exceed
$13,Q00,000 (Design not to exceed $3,000,000 and Right of Way, Constnaction, and CEI
and L9�sign n�t to exc�ed $13,000,000)
The project is a multi-year project subject to this agreemeni. Funds are anticipated to be
pro� in the Depa�tments Work Program in the following fiscal yeaes for
r�imburseane�t to the City:
Fiscal Year
2IX32120�3
2003P2004
2f1�4l�Qd5
Yst Qtr 2nd Qtr
$1,30Q,000 �1;300,d00
51,300,000 $1,300,000
51,3�,000 $1,300,000
3rd iZtr 4th Qtr
$1,300,000 $1,300,000
$1,300,000 $1,300,OO�D
groj,�ct years an�y he advanced or deferred subject to I.e�slative appropriation or availability of
faaa+�.
o�gintrix�r jgr
Juoe 17, t997
8
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�4
Exhibit B
This exhibit forn�s an integral Part °f � JO�� P�cipation Agreement betv�'een the Stace of
Florida, Departn►ent of Transportation and The City of Clearwatet
Project Location:
Memorial Causew+ay Bridge in Pinellas County
Project I2escription:
�esign, itight of Way Acquisition and Construction of the MEMORIAI. CAUSEWAY
�AS'� BRIDGIE
Special Consedera�aons by Agency:
The audit report(s) required in the Agrcement shall include a schedule of project
assistanc,e that will reflect the Department's contract number, WPI number, Job number,
qpa.e Federai Iden4ification number, and bridge number, where applicable, and the an:ount
of state fundinb action (rec:eipt and disbursement of funds} and any federal or local fnndinS
action and the funding action from any otlier source with resFe�t to the Project.
� - �.! _. '..0 � �
g, �,ll progosaLs, plans, specificaaons, environmental permits> a�quisition, construction,
s�nst€uction or unprovement of �.u�7ities or equipment within or conne�ting to State Owned
Right of �1ay shall comply with the following:
a) ` S�ction 287.055 �.5. "Consultants' Competitive Negotiaeions Act".
�) �.[�'T "�roject Deveiopment and Environmental Manual„
�� ��n qp4 of the C1ean Water Act, Wetlands Permiuing Pro�'ams (U.S.A.C.O.E)
�� itule Chapter 17-312 FAC, I3redge and Fill Activities (i?IF:R)
e) Ru1e C4iapter 4AI?-4 and 44D-40, Surface Water Manage�ent (S.W F VV.NI.U})
g� Rtale Chapter 40E-4 arad 40�40, Surfa�e Water Manag
g� p policy on Geu�etric I,�es�S� of Highways and StreEss,1990 {AAS�fifii°O)
h) A.�anual of Uniforan I�['inimufn• 3eandards for Design, Construcdon and R�iaintenance
for Streets and Higt►ways, SBat� of Floxida,19�9 Edition, "Greti°n �ook"•
� itoadway and Traffic Design 5tandards for Design, Construction, Mainten�nce and
yjrility dBperations for Strc�zts and HiShways on State Maintained Systems, 3anuarY
1942.
(};�qt�i:iM�yr-
7ime 17,1497
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s)
t)
u)
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Ju� 17,1947
�[orida Y?epartment of Transportation Roadway Plans Prepuation Manual (2
Volumes),1989
Manaal on Uniform Traffic Control Devices,1988 Edi6on.
Florida Depaztment of Transportation Standazd Specificadons for Road and Bridge
Construction 1996
Florida's Design Stand�r�s fnr Resurfacing, Restoratio�, and Rehabilitation (ft-R-R)
of Streets and Highways,1988
Stcvctures Standard Drawings, FDOT,1990 Edi6on
Florida Department of Transportation Structures Design Guidelines,1987
itule Chapter 1496, Florida Administrative Code (FAC), State H'ighway System
Connection Pernuts, Administrative process and iules Qf the Department of
Transportation Rule Chapter 1497 FAC, State Highway System Access Management
Classi�f.cation System and Standards
RuPe CE�iapter 14-86 FAC, Drainage Connections to State Highways
State of Florida Department of Transportation Drainage Manual, 1587, including
revised Chagter Nine (Au�ust 30, 1930)
F�oeida Departrc�nt of Transporkation Evaluation Criteria for Traffic Control Devices
dated May 1,1991
Ftorida Statutes regutating acquisition of right-of-way for transportation facilities,
including, but not limited to Chapter 73, 74, 287, 336, 337, 339 F.S.
Title 23, Code of Federal Regulations, C�apter 1, Subchapter A, Part 1, Sec4ion 1.23
and Stabchapter H, Part 710, Subpart B, C, & D
10
��s�alu�i'D�r 9�'�l
�
EXHIBIT C
MEMORANDUM OF AGREEMENT
THIS AGREEMENT. made and entered into this .
day of __.19_, by
and between the State of Florida, Department of Transportation, hereinafter referred to as "DOT"
and the State af Florida, Depariment of Insnrance, Division of Treasury, hereinafter referred W as
„'Treasary" and the City of Clearwater, hereinafter referred to as the "Ciey".
yVITNESSETH
Wg�F-AS, °BOT" will constn:�t tl�� fa�lowi�a� project:
Stace ProjecC No.: 15220-3599
F.A.P. No.:
�.P.g. �o,: 7117181
County: Pinellas
hereinafter referred to as the "Project".
y��R��,s, DOT and the City entered into to �� C� i work on i�ehal o�f the Ci �
� , 19_, wherein DOT agreed Pe
conjuaction wiidi the Projec�
�REAS, the paitaes to this AGR� mutually agreed that it would be in the best interese
t'
of the DOT and the City to estat>lish an interest bearing escrow accouaat to peovide funds for the
work performed on the Project oa behalf of the City by the DOT. ,
le�W T.EIERE�'�R�. in consideration of it� premises and the coveaants co�eained herein, the pazties
agr� to F1he foilowiag:
�, Dep�sits totaling in the amount af $ 36,900,000 (thiitY
six millio�, �t►e hundc�d thousand
do�) or tPye total cost of the pro,�ect phases wi7l be n�ade by the Ciiy into an interest bearing
����y ��t ���d by the Department for the purposes of the project. Deposits will
be made as set forth in paragragh 2(two) betow.
��w ��t �,�,� � opeged with the Depaitment of Insurance, Division of Treasury,
�ureau oi Collaterai Securities on behalf of the DOT upon receipt of this Memorandum of
. ...:tt � „n acset of DOT.
Agr�ement. �ucna�;V��=� �-�.--_
2, I�eg�siis e�ual to the cost of ea�ch phase (Right of Way, Conshuction and CEn will be made
-�;� b�, t1� City by June 30 prior io the fiscal year in v++hich the start of that phase is to begi�► for
o:��rira 11
Jwe 1T.1997
�eSO�iC�70� q���%I
��
3.
���
�
the project as progra�xuned in the DePartn►ents Adopted Five Year Work Pro�ram.
All deposits shali be made payable to the Department of Insurance, Revenue Processing and
mailed to the Di7I' O�ce af Comptroller for appropriate processing at the following address:
Florida Department of Transportation
Office of Comptroller
371? Apalachee Pazlcway, Suite E
Mail Station 24
Taliahassee, Florida 32311
ATTN: JPA Coordinator
,� copy oithis Agree�nt should accompany any depos�s. Wh„n the check is mailed w Tallahassee,
ttie D'astrict Office should instruct the City to mail the District Office a copy of the check.
4. The 1�C3'i"s Coanptroller and/or his designees shall be the sole signatories on the escrow
accoune vdith the Depaeiment of Insurance and shall have sole authority to authorize
withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow
accaunt shall remain in the account for the purposes of the project as defined in the JPA.
iJgon requese and aft�r finai completion of the project, remaining funds and interest will lse
refuetded to the City.
6. ihe Treasurer agrees co provide wrilten confirmation of receipc of funds to the DOT.
7, '1'he Treasw�er's �ffice further agrees to provide periodic reports to the DOT.
�T�'�'E �F �'L&�J�l� STA'TE OF FLORIDA
T��P�'.�J1EEId'�` OF'TR�NSPORTATION DEPARTMENT OF INSURANCE
��;��,�,� DIVISION OF TREASURY
�iITa1 �� CI..I�A�RWATER
1 fl2 S4�� eJS�E�JLA AVENUE
P. Q. l��% 4748
��t�A'fZ?R� FL 34b18-4748
a:�r�n�ie�
��e t�. i�
12
CTTY ATTORNEY
�� �� �� r e y• e i: �•
��alr,�.�r�n �''��°�I
�
�
_ �:11� 1
This eachibit fon�s an ineegral part of this Agreement betwcen the State of Florida, Department of
Transpon:adon aaae� ehe �ity of Clearwater.
U�
W��
All Fiscal Years described will be referenced to the Departments Fiscal Year which begins on
.iuly 1 and euds on June 30 of any year.
3'be Project schedule shall be as follows except as amended by mutual agreement between the
3�eepaet�ent and the City: ; ,
�
BEGTN DESIGN
��IN �.IGH1' OF V4'AY
��C'iII�1 Ct)NS1'RiJ�TIOI�
�" .�'�3 �I
�.���
#ree 1l1. i�
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NO LATER TF�AN THE 4TH QUAgtTER,
FISCAL YEAR 1997/1998
1ST QUAR'TER, FISGAL YEAR 2000/2001
1ST QLTARTER, FISCAL YEAR 2001/2002
f3
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