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Resolution 2014-035 RESOLUTION 2014- 3 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH FDOT AGREES TO REIMBURSE THE COUNTY THE COST TO PURCHASE ARTERIAL MONITORING CAMERAS AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT. WHEREAS, at the February 25, 201 ,smeeting of the Board of County Commissioners the Board approved a Joint Participation Agreement (JPA: FM Project Number: 430872-1-93-01) with the Florida Department of Transportation to provide State funds to reimburse Collier County in the purchase of arterial monitoring cameras and authorized its Chairman to sign and enter into that agreement; and WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving authorizing its Chairman to execute the Joint Participation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On February 25, 201%,stt Board of County Commissioners approved by majority vote the aforementioned Joint Participation Agreement and authorized its chairman to execute that agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 25th day of February 2014. ATTEST: BOARD OF COUN Y COMMISSIONERS DWIGHT P. BR iCK,CLERK COLLIER 31 UNT.1, FLORIDA > By '� ����� tz.AC Attest as l .(11.}k ommissioner Tom He ding, Chairman Appr S/Se n and legality: S. Y/11)/7 Scott R. Teach Deputy County Attorney Financial Management Fund: SU Function: -145 39S FLAIR Approp: 088717 No.:430872-1-93-01 CFDA:20.205 FLAIR Obj.:790092 Agency: Collier County Contiactamount:$385,640.00 Org.Code:55014060162 Contract No:A 23'9 Vendor No.:F59-6000-558-163 DUNS No:80-939-7102 Local Agency DUNS No:07-699-7790 FAA No:8886 472A JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this 1 S+ day of al 1 , 2014, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and COLLIER COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. 24:71-Ci-3S , dated the 4‘day of w-J0. , 2014, a copy of which is attached hereto and made a part hereof,has authorized its Chair or Designee to execute this Agreement on its behalf. WHEREAS, the DEPARTMENT is prepared to undertake in Fiscal Year 2013/2014, a project described as the "Arterial monitoring cameras purchase" and identified as FM #430872-1- 93-01,hereinafter,the Project;and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program;and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project;and d h NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement,the parties agree as follows: 1. TERM a. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by I/ /0 3-6 1 , in accordance with the schedule described and contained in Exhibit"C"attached hereto.If the LOCAL GOVERNMENT does not complete the Project within the time period allotted,this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES a. The LOCAL GOVERNMENT shall furnish the services to complete the Project.The Project consist of: Arterial monitoring cameras purchase, and otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. b. The LOCAL GOVERNMENT shall provide the following quantifiable, measurable and verifiable units of deliverables, as specified in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. c. The LOCAL GOVERNMENT agrees to undertake the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. d. E- VERIFY Vendors/Contractors 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 Vendor/Contractor during the term of the contract. (27.) l.. Vendors/Contractors 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 the subcontractor during the contract term. e. LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Joint Participation Agreement (JPA) Coordinator, Karen Miracola, at (239) 461-4302 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. f. The LOCAL GOVERNMENT shall obtain three (3) estimates from qualified companies using the LOCAL GOVERNMENT'S normal procedures to procure equipment. g. The LOCAL GOVERNMENT shall install equipment through in-house services at no cost to the DEPARTMENT for installation under this JPA. h. Upon request,the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall,within a reasonable time thereafter,be granted a conference with the other party. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. i. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion. 3. COMPENSATION AND REIMBURSEMENT a. Project Cost: The total estimated cost of the Project is $385,640.00 (THREE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED FORTY DOLLARS). This amount is based on the Schedule of Funding,Exhibit"B"attached hereto. b. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed$385,640.00(THREE HUNDRED EIGHTY- FIVE THOUSAND SIX HUNDRED FORTY DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation.Travel costs will not be reimbursed. i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation 3 required by the DEPARTMENT for approval and processing. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14),F.S, ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified in Paragraph 2.a. and in Exhibit "A", Scope of Services. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2.c.was met. iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post-audit thereof,based on the quantifiable,measurable and verifiable deliverables as established in Paragraph 2.a. and Exhibit"A", Scope of Services and said request for reimbursement/invoice must be completed and accepted in writing by the Department's Project Manager or designee prior to reimbursement. iv) The LOCAL GOVERNMENT may receive progress payments for deliverables based on the contractor's Schedule of Values and on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments,contracts or vouchers evidencing in proper detail the nature and propriety of the charges. c. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. d. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20)working days to inspect and approve the goods and services. The CO) ► DEPARTMENT has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at(850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. e. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement, and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. f. In the event this Agreement is in excess of $25,000.00 (TWENTY-FIVE THOUSAND DOLLARS AND NO/100) and a term for a period of more than one year, the provisions of Section 339.135(6)(a),Florida Statutes,are hereby incorporated as follows: "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 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$25,000.00 and which have a term for a period of more than one(1)year." g. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. h. Audits: The administration of resources awarded by the Department to the LOCAL GOVERNMENT 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, Florida Statutes, 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT agrees to comply with any additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of inspector General (OIG) and Florida's Chief Financial Officer (CFO)or Auditor General. AUDITS PART 1: 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 LOCAL GOVERNMENT expends $500,000 or more in Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. If applicable, Exhibit "D" to this Agreement indicates Federal resources awarded through the DEPARTMENT by this Agreement. In determining the Federal awards expended in its fiscal year, the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB Circular A-133,as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-I33,as revised, is not required. However, if the LOCAL GOVERNMENT elects to have an audit conducted in accordance with the provisions of OMB 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 LOCAL GOVERNMENT 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)(m), Florida Statutes)are to have audits done annually using the following criteria: I. In the event that the LOCAL GOVERNMENT expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year, the LOCAL GOVERNMENT 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 Department 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. If applicable, Exhibit "D" to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in its fiscal year, the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 7 3. If the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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(i.e.,the cost of such an audit must be paid from the LOCAL GOVERNMENT resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The LOCAL GOVERNMENT 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 DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT 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 I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d),OMB Circular A-133, as revised, by or on behalf of the recipient directly to the following: a. The DEPARTMENT at the following address: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d) (1) 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. 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 DEPARTMENT 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 the following: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 In addition, pursuant to Section .320 (f), 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 DEPARTMENT at the following address: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to each of the following: a. The DEPARTMENT at the following address: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 b. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building III West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to: a. The DEPARTMENT at the following address: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 5. Any reports, management letters, or other information required to be submitted to the DEPARTMENT 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. PART V: RECORD RETENTION The LOCAL GOVERNMENT shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five(5)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 LOCAL GOVERNMENT shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five (5)years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 4. COMPLIANCE WITH LAWS a. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. b. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. c. No funds received pursuant to this Agreement may be expended for lobbying the Legislature,the judicial branch,or a state agency. d. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. it 5. TERMINATION AND DEFAULT a. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL GOVERNMENT upon sixty(60)days written notice to the DEPARTMENT. b. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the Agreement, or(b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. c. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment,however,may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS a. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. b. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. c. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist,on the part of the LOCAL GOVERNMENT,and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. d. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. e. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their use. f. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. g. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. h. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the IL construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity. i. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Florida Department of Transportation Collier County Karen A.Miracola Rick Bossert District JPA Coordinator Signal Systems Network Specialist 10041 Daniels Parkway 2885 South Horseshoe Drive Fort Myers, Florida 33913 Naples,Florida 34104 c'+ IN WITNESS THEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Collier County Board of County Commissioners or its designee as authorized by Resolution Number 2c>14-35- , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee:This Agreement shall become effective on: 5( IrLf Department to enter date COLLIER COUNTY,FLORIDA ATTEST / / & \.. �,I�_ _.�.'_ °' •stl<0 7 GA's CL RI( � (SEAL) .' IRMAN ORDESIGNE, Attest as to �T' s BOARD OF COUNTY CO,� ISSIONERS signature only'• 3-1`t-i�l �O� ‘,.\ _Y.�,,Y.:::\ \2 \\ DATE PRINT NAME DAT COLLIER COUNTY LEGAL REVIEW: BY 15 16` 11::\ DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST LQ VA) BY: "/ ��f oEif 1i: T EXECUTIVE CRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE eva Id e I/_ ror j 5/1114 (�i,,i 7 Ste, *, s/Ai P NT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL AVAILABILITY OF FUNDS APPROVAL: gill REVIEW: I I BY: /% H, G g,y `Y-.;o/y � DATE 7 DATE 1`f EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 430872-1-93-01 ARTERIAL MONITORING CAMERAS The purpose of this Exhibit is to describe the scope of work and the responsibilities of Collier County in connection with the capital acquisition of closed-circuit television camera equipment required to improve the County's Arterial Monitoring System. The general objective is for Collier County to provide contract administration, management services and acquisition of all equipment associated with the improvement. Acquisition should include all supplemental interface hardware, cabling and other system components considered incidental to the video processor/encoder. All equipment shall meet the requirements of the applicable Florida Department of Transportation Specifications and shall be listed on the Department's Approved Product List. Collier County in the past used to specify COHU cameras as their preferred Monitoring cameras, but COHU no longer produces a monitoring camera on the Department's Approved Product List. Collier has decided to standardize to a Bosch VG5 Autodome series camera that can provide High Definition play back. The Bosch Camera system is forward compatible with ONVIF technologies allowing it to be integrated into future projects. Bosch cameras are also the only High Definition cameras currently on the Department's Approved Product List Certification Number 682604002 I 9023. Deliverables include one hundred and twenty-two (122) Bosch Camera VG5-825/836-ECEV- ITS Kit 800 Series with 1080p HD resolution, 20X autofocus, clear bubble case, Dome Camera and mounting bracket. Deliverables also include 12,200 feet of Hybrid Bosch, all in one UV rated,cable,with high copper content. Page 1 of 1 EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 430872-1-93-01 By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed $385,640.00 (Three Hundred Eighty-Five Thousand Six Hundred Forty Dollars) for actual costs incurred on this Project,excluding LOCAL GOVERNMENT overhead. "The remainder of this page is intentionally left blank" Page 1 of 1� EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 430872-1-93-01 • Purchase of equipment to begin by 3//-6 J2)i'K • Purchase of equipment to be completed by `J f `/2'1./ "The remainder of this page is intentionally left blank" Page 1 of 1 bj i7 EXHIBIT "D" FEDERAL and/or STATE resources awarded to the COUNTY pursuant to this agreement should be listed below.If the resources awarded to the COUNTY represent more than one Federal or State program,provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the COUNTY represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g.,Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the COUNTY to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount FHWA 20.205 I-lighway Planning and Construction $385,640.00 Compliance Requirements I. Section/ 112.061,215.422,339.12 and 339.135 Florida Statutes 2.Title 23 and Title 49,C.F.R. STATE RESOURCES State Agency Catalog of State Financial Assistance(Number&Title/ Amount Compliance Requirements 1. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount Compliance Requirements 1. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit A be provided to the COUNTY. Page 1 of 1 b,