Resolution 2014-034 RESOLUTION 2014- 3 4
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 VIDEO DETECTION EQUIPMENT 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: 430874-1-93-01) with the
Florida Department of Transportation to provide State funds to reimburse Collier County in the
purchase of video detection equipment 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 , the 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: 't? ; k BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK,' LERK COLLIER C• TY, ORIDA
0
a(tes T, I,i' ;A Commissioner Tom He g, Chairman
signature opnly
Approved as to for
and legality:
Scott R. Teach
Deputy County Attorney
C�`
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Financial Management Fund: SU Function: '1if+-39S' FLAIR Approp: 088717
No.:430874-1-93-01 CFDA:20.205 FLAIR Obj.:790092
Agency: Collier County Contract Amount:$304,654.00 Org.Code:55014060162
Contract No: ptczn Vendor No.: F59-6000-558-163
DUNS No:80-939-7102
Local Agency DUNS No:07-699-7790
FAP No:8886 473 A
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This Agreement, made and entered into this �q day of Anil I , 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),
W ITNESSETH:
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.Zo l4 -34 ,dated the
2 day of FC- 'rt-ick) , 2014, a copy of which is attached hereto and made a part
hereof, has authorized its Chairman 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 '`Video detection equipment purchase for upgrade at various locations and
identified as FM #430874-I-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
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement,the parties agree as follows:
I. 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 ?t cc fz.11d.-( , 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: Video detection equipment purchase for upgrade @ various locations, 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. 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.
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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.
1. 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 $304,654.00 (THREE
HUNDRED FOUR THOUSAND SIX HUNDRED FIFTY-FOUR 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 $304,654.00 (THREE HUNDRED FOUR
THOUSAND SIX HUNDRED FIFTY-FOUR 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.
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i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation
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.
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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
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
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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-I33, 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 (O10) and Florida's Chief Financial Officer
(CFO)or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
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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-I33,as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph 1,
the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-I33,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-133,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 11: 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:
1. 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
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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.
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 111: 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
1. 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
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b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d) (I) 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 10`h 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 1 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-I33, 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 I1 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:
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Auditor General's Office
Room 401, Pepper Building
1 l 1 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or the management letter required by PART Ill 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-I33 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.
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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.
e. 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
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, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted
vendor list.
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
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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
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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
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
13
FM#430874-1-93-01
Page 14 of 15
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 Bossed
District JPA Coordinator Signal Systems Network Specialist
10041 Daniels Parkway 2885 South Horseshoe Drive
Fort Myers,Florida 33913
Naples,Florida 34104
v
PI
FM#430874-1-93-01
Page 15 of IS
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 Number7-o\ A-3'-\ , and the FLORIDA DEPARTMENT OF
TRANSPORTATION has caused this Agreement to be executed in its behalf through its District
Secretary or authorized designee:This Agrp mnennt shall become effective on:
Department to enter date71�`{�
COLLIER COUNTY,FLORIDA
ATTESO A,, ,� _
1/V"--'CL R�ttleSt 1' O y� a�• (SEAL) 'MAN OR DESIGN
BOARD OF COUNTY CO16MISSIONERS
signature Qplit. 3-1 1... VA
DATE PRINT NAME corn �csnh∎r,TATE Z.V.S\
COLLIER COUNTY L GAL REVIEW:
BY: gt.IF ri
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DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
Uri 1. lylec,i) BY: JAZ
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
&evaifve /V (,A q /q1� eipT . t I
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PNT NAM
DATE PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL
AVAILABILITY OF FUNDS APPROVAL:
REVIEW:
Inil�t t BY: r-s %.w.vy
DATE ,U' cief
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 430874-1-93-01
VIDEO DETECTION UPGRADES
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 vehicle detection equipment required to add
modules and upgrade the County's Vehicle Detection 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. 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 has standardized to the Iteris Camera Detection System. The Iteris system is on
the State Bid listed as item numbers 517 thru 520, and the Iteris system is on the Department's
Approved Product List. This upgrade will update twenty (20) existing Iteris systems to allow
remote video monitoring, and replace fourteen (14) obsolete Autoscope systems that are no
longer manufactured or repaired.
Deliverables by individual item and the required quantity is shown below:
Description Quantity
Iteris Vantage Edge 2 Processor, (1) Camera input, Edge 2-1N- 56
PAK
Iteris Vantage Advanced Video Camera Cam-RZ4A-WDR PAK 56
Iteris Surge Panel AC Surge Suppression Panel 14
7"Color Monitor-Model 3I9g1-70NP w/Y Connector 14
Pelco Mast Arm Bracket AB-0175-5-96-ALA 56
Composite 8281 Coaxial/16 AWG Power Cable 14,000 ft
EDGE2-TS2-IM-Pak 14
EDGECONNECT-Pak 34
Page 1 of 1
/b
EXHIBIT `B"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 430874-1-93-01
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
$304,654.00 (Three Hundred Four Thousand Six Hundred Fifty-Four Dollars) for actual costs
incurred on this Project,excluding LOCAL GOVERNMENT overhead.
"The remainder of this page is intentionally left blank"
Page 1 of I
(r_
x7
EXHIBIT "C"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Nu jmber: 430874-1-93-01
• Purchase of equipment to begin by 3 /16 t 2{ i
• Purchase of equipment to be completed by 9 11.6 J 1.
"The remainder of this page is intentionally left blank"
Page 1 of 1
is
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 Highway Planning and Construction $304,654.00
Compliance Requirements
1. Sectionl 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
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