Agenda 05/22/2012 Item #16B 3Proposed Agenda Changes
Board of County Commissioners Meeting
May 22, 2012
Move Item 11J to 16A9: Recommendation to approve a Resolution supporting Supplemental Agreement #2
to the Maintenance Agreement between the State of Florida, Department of Transportation and Collier County,
which was approved by the Board at its May 8, 2012 meeting. (Inadvertently placed on Regular agenda)
MOVE ITEM #16133 TO ITEM #14116: RECOMMENDATION
TO APPROVE A RESOLUTION AUTHORIZING EXECUTION
OF A JOINT PARTICIPATION AGREEMENT BETWEEN
FLORIDA DEPARTMENT OF TRANSPORTATION AND
COLLIER COUNTY, FLORIDA, TO OBTAIN PARTIAL
PROJECT FUNDING FROM FDOT IN AN AMOUNT NOT -TO-
EXCEED $61,947, FOR THE IMMOKALEE BEAUTIFICATION
MUNICIPAL SERVICE TAXING UNIT PROJECT KNOWN AS
"MAIN STREET IMPROVEMENTS" AND APPROVE ALL
NECESSARY BUDGET AMENDMENTS. (COMMISSIONER
HILLER'S REQUEST)
Move Item 16132 to Item IIL: Recommendation to approve an after - the -fact donation of $2,346.60 in red
clay for a little league field located in Everglades City and authorize payment to Tate's Trucking for purchase
and delivery of the clay. (Commissioner Henning's request)
Note:
Item 6B to be heard at 9:45 a.m., immediately followed by Item 14B1
Item 16D6 Executive Summary title should read: Recommendation to approve reprogramming of
Community Development Block (CDBG) Grant funds in the amount of $15,000, and to approve a
subrecipient agreement with Goodwill Industries, Inc. providing the reprogrammed funding to Goodwill in
order to install a voice activated evacuation fire alarm system at the Roberts Center in Immokalee, Florida.
(Commissioner Coletta's request)
Time Certain Items:
Item 14111 to be heard at 9:45 a.m. immediately following Item 6B
Item 6B to be heard immediately following item 1481 at 9:45 a.m.
Item 11A to be heard at 10:45 a.m.
Item 11B to be heard immediately following Item 11A
Item 11E to be heard at 1:00 p.m.
5/22/2012 5:56 AM
522/2012 1 t e m e ...=
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the execution of a Joint Participation
Agreement between the Florida Department of Transportation ( "FDOT ") and Collier County,
Florida, to obtain partial project funding from FDOT in an amount not -to- exceed $61,947, for the
Immokalee Beautification Municipal Service Taxing Unit project known as "Main Street
Improvements" and approve all necessary budget amendments.
OBJECTIVE: That the Collier County Board of County Commissioners approve a Resolution
authorizing its Chairperson to sign a Joint Participation Agreement ( "JPA ") between the Florida
Department of Transportation ( "FDOT ") and the Collier County Board of County
Commissioners to undertake the construction of various improvements on State Road 29 related
to the Immokalee Beautification Municipal Service Taxing Unit's ( "MSTU "), administered
under the auspices of the Collier County Community Redevelopment Agency (CRA) in
Immokalee, Main Street Improvements' project. FDOT will reimburse the cost of construction
to the Immokalee MSTU in an amount not -to- exceed $61,947.
CONSIDERATIONS: At its regular April 25, 2012 meeting, the MSTU's Advisory Board
recommended that the Board approve a Resolution authorizing its Chairperson to sign the
attached JPA for $61,947 with FDOT. The JPA provides funding to reconfigure curbs on Main
Street with the ultimate goal of improving the sightline of vehicles entering Main Street.
This project is undertaken by and is the full responsibility of the Immokalee CRA staff.
FISCAL IMPACT: The Immokalee MSTU will receive funding by FDOT on a reimbursement
basis in an amount not -to- exceed $61,947. A budget amendment is required to recognize FDOT
revenue and add a project budget of $61,947. The budget will be included in the Immokalee
CRA Grant Fund (715).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
ADVISORY BOARD RECOMMENDATION: That the Board approves a Resolution
authorizing its Chairman to sign the attached Joint Participation Agreement, which provides for
funding to construct improvements of directional median openings on State Road 29 related to
the Immokalee Beautification MSTU's Main Street Improvements' project and approve all
necessary budget amendments.
PREPARED BY: Bradley Muckel, Project Manager - Immokalee MSTU (Interim)
ATTACHMENTS: Resolution, FDOT JPA – FMN Project # 431390- 1- 58 -01.
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5/22/2012 Item 16.3.x.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3.
Item Summary: Recommendation to approve a Resolution authorizing the execution of a
Joint Participation Agreement between the Florida Department of Transportation ( "FDOT ") and
Collier County, Florida, to obtain partial project funding from FDOT in an amount not -to-
exceed $61,947, for the Immokalee Beautification Municipal Service Taxing Unit project known
as "Main Street Improvements" and approve all necessary budget amendments.
Meeting Date: 5/22/2012
Prepared By
Name: MuckelBradley
Title: Project Manager,
5/9/2012 10:57:24 AM
Approved By
Name: PhillippiPenny
Title: Executive Director,1mmokalee CRA,
Date: 5/9/2012 12:52:35 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/10/2012 1:28:38 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/10/2012 3:52:56 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/16/2012 10:50:34 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 5/16/2012 10:51:46 AM
Name: OchsLeo
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Title: County Manager
Date: 5/16/2012 1:21:55 PM
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5/22/2012 item 10.x.::.
5122/2012 Item 16.13
RESOLUTION NO.2012-
A Resolution by the Board of County Commissioners of Collier
County, Florida, authorizing the execution of a Joint Participation
Agreement between the Florida Department of Transportation and
Collier County, Florida, providing for partial project funding of
various median improvements on State Road 29 in an amount not to
exceed $61,947.
WHEREAS, the Collier County Board of County Commissioner approved the execution
of a Joint Participation Agreement ( "JPA") with the Florida Department of Transportation
( "FDOT") providing for partial funding by FDOT of certain improvements to State Road 29
under FMN Project # 431390- 1 -58 -01 at its regular meeting on May 22, 2012; and
WHEREAS, FDOT has programmed up to $61,947.00 to reimburse Collier County for
the construction of work under this JPA; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote to approve the JPA and authorizing its
Chairman to execute the Agreement; and
WHEREAS, it is in the public interest that the parties enter into the JPA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
L On May 22, 2012, the Collier County Board of Commissioners approved by majority
vote the Joint Participation Agreement for FDOT Project FM# 431390- 1 -58 -01 and
authorized its Chairman to execute the Agreement.
2. A certified copy of this Resolution will forwarded by the Collier County Clerk of
Court to FDOT along with the executed Agreement.
This Resolution adopted after motion, second, and majority vote favoring same this 22nd
day of May, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form
and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
N
5/22/2012 Item
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRED W. COYLE, CHAIRMAN
5/22/2012 Item 163.3.
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Financial Management No,: Fund: DDR Function: 215 FLAIR Approp: 088717
431390 158 01 FLAIR Obl.: 134012
Agency: Collier County ContractAmount: 61,947.00 Org, Code: 55014010106
Contract No: Vendor No.: F39- 6000 -558 -163
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This Agreement, made and entered into this day of , 2012, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the DEPARTMENT) and the COLLIER COUNTY, 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. , dated
the day of ,2012, a copy of which is attached hereto and made a part
hereof, has authorized its officers to execute this Agreement on its behalf.
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program, to undertake the construction of improvements of directional median openings on SR
29 (Main Street) from Jefferson Avenue East to North 9`h Street in Fiscal Year 201112012, said
Project being known as FM #431390 158 01, hereinafter referred to as 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
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
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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 on or before
ec 1 AoIS 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 for the Project. The
Project consists of construction of improvements at directional median openings on SR 29
(Main St) from Jefferson Avenue E to N 9`h Street, 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 quantifiable, measurable and
verifiable units of deliverables pursuant to Section 215.971, Florida Statutes. Each deliverable
must be directly related to the scope of work and must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion of each deliverable.
Said deliverables are described in Exhibit "A ", attached hereto and made part hereof.
C. The LOCAL GOVERNMENT shall be responsible for the construction of the
PROJECT in accordance with all applicable federal, state and local laws, rules and regulations,
including LOCAL GOVERNMENT'S standards and specifications contained in Exhibit "D ".
The DEPARTMENT shall be responsible for obtaining clearances /permits required for the
construction of the PROJECT from the appropriate permitting authorities. Upon completion of
the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the completion; and for all construction work that originally
required certification by a Professional Engineer, this notification shall contain an Engineers
Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "E ". The
certification shall state that work has been completed in compliance with the Project construction
plans and specifications. If any deviations are found from the approved plans, the certification
shall include a list of all deviations along with an explanation that justifies the reason to accept
each deviation.
D. E- VERIFY
Vendors /Contractors:
I . 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
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the contract; and
2. 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. 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.
3. COMPENSATION AND REIMBURSEMENT
A. Project Cost: The total estimated cost of the Project is $61,947.00 (SIXTY -ONE
THOUSAND NINE HUNDRED FORTY -SEVEN DOLLARS). This amount is based oil 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 $61,947.00 (SIXTY -ONE THOUSAND
NINE HUNDRED FORTY -SEVEN 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 phis 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.
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 cnust 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 a percentage of services that have been completed, approved and accepted to the
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satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable
evidence of payment. Tile final balance due under this Agreement will be reimbursed upon the
completion of ail Project services, proper submission of a detailed invoice and when the Project
has been 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 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:
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"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 finiher 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 I: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(111),
Florida Statutes) are to have audits done annually using the following criteria:
1. In the event that the AGENCY expends a total amount of state financial
assistance equal to or in excess of $500,000 in any fiscal year, the AGENCY must have a
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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 (AGENCY all entities) or 10.650 (nonprofit and for- profit
organizations), Rules of the Auditor General. If applicable, Exhibit "F" 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
AGENCY 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 I, paragraph 1,
the AGENCY 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 (AGENCY all
entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If the AGENCY 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 AGENCY 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 AGENCY 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 11: 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 federal
financial assistance or limit the authority of any other state official.
PART III: REPORT SUBMISSION
Copies of financial reporting packages required by PART I of this Agreement
shall be submitted by or on behalf of the LOCAL GOVERNMENT dire ctl to each of the
following:
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The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Karen A. Miracola, District JPA/LFA Coordinator
10041 Daniels Parkway
Fort Myers, Florida 33913
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
Copies of reports or the management letter required by PART 11 of this
Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT direct!
to:
The DEPARTMENT at the following address:
Florida Department of Transportation
Attn: Karen A. Miracola, District JPA/LFA Coordinator
10041 Daniels Parkway
Foil Myers, Florida 33913
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.
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 IV: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its
compliance with the terns 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.
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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 Agreement.
C. No fiends 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 Agreement.
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 Agreement 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.
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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, Stich 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
Packet Page -1422-
5/22/2012 Item 16.�.� .
Page 10 of 11
FPIDN 431390 158 01
COLLIER COUNTY
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 oil 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 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
Rick J. Arico, P.E.
Bradley Muekel
Project Manager
Project Manager
10041 Daniels Parkway
Immokalee Community Redevelopment Agency
Fort Myers, FL 33913
1320 North 15th Street (SR 29)
Immokalee, FL 34142
Remainder of this page intentionally blank
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5/22/2012 Item 163.3.
Page 11 of 11
FPID# 431390 158 01
COLLIER COUNTY
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be
executed in its behalf, by the Chairman or its designee, as authorized by Resolution
# 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:
ATTEST
CLERK
Department to enter date.
COLLIER COUNTY, FLORIDA
(SEAL)
DATE
CHAIRMAN OR DESIGNEE
PRINT NAME DATE
r
COLLIER COUNTY LEGAL REVIEW: g,
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME
DATE
AVAILABILITY OF FUNDS APPROVAL:
DATE
PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL
REVIEW:
Packet Page -1424-
DATE
5/22/2012 Item 1 r53.v.
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 431390- 1 -58 -01
SR 29 (Main Street) FROM E. JEFFERSON AVENUE TO N. 91h STREET
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the Collier
County in connection with the construction of improvements at directional median openings on
SR 29 (Main Street) from East Jefferson Avenue to North 9u` Street. The project will include
clearing, grubbing, earthwork, grading, erosion control and restoration necessary for the median
improvements. Associated safety and drainage improvements will also be addressed, as
appropriate. The general objective is for Collier County to provide contract administration,
management services, construction engineering inspection services and quality acceptance
reviews of all work associated with the construction of the associated improvements. The
services performed shall be in accordance with all applicable Florida Department of
Transportation manuals, guidelines and specifications.
Deliverables included in the Scope of Services are as follows:
1. Removal of the existing Quik -Curb and construction of variable width traffic separators
at five directional median openings:
a. East of N. 2" d Street
b. South 4`h Street
c. North Sth Street
d. South 6`h Street
e. North 6`h Street
2. Provide adequate temporary and permanent erosion control
3. Construct drainage system improvements appropriate for the median modifications
4. Maintain traffic on SR 29 during construction.
5. Provide, upon completion of construction, Final As -built Construction Plans, signed and
sealed by a Professional Engineer, registered in the State of Florida
6. Provide Construction Engineering and Inspection (CEI) and Quality Assurance
Engineering.
7. Coordinate construction activities with other construction projects that are impacted by or
impact this project. This includes projects under the jurisdiction of local governments or
other regional and state agencies.
Page 1 of 1
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5/22/2012 Item 163.3.
Exhibit "B"
ESTIMATED SCHEDULE OF FUNDING
Fivancial Management Number: 431390 158 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
$61,947.00 (Six4 -0ne Thousand Nine Hundred Forty -Seven Dollars) for actual costs
incurred on this Project, excluding LOCAL GOVERNMENT overhead.
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Page 1 of 1
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5/22/2012 Item
EXHIBIT "C"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 431390 158 01
• Actual Construction to run from Det. f ,201 and be completed
by ec. 1126
Remainder of page intentionally blank
Page 1 of 1
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5/22/2012 Item 163.3.
EXHIBIT "D"
TERMS & CONDITIONS OF CONSTRUCTION
1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein,
to enter the DEPARTMENT'S Right -of -way to perform all activities necessary for the
construction of the Project (as described more fully in Exhibit "A "). The Project shall be
constructed in accordance with construction plans and specifications to be approved by the
DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall
include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4-
3 of Standard Specifications for Road and Bridge Construction, 2010, and as amended from time
to time) changes to the plans be required daring construction of the Project, the LOCAL
GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive
approval from the DEPARTMENT prior to the changes being constructed. The
DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The
LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times
during construction of the Project. All payment and performance bonds shall name the
DEPARTMENT as an additional oblige. All warranties on any product or material used in
construction of said Project shall be in favor of the DEPARTMENT. The LOCAL
GOVERNMENT shall assure that the Engineer of Record performs all necessary post- design
services that may be required.
2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all
existing utilities, both aerial and underground and that all utility locations shall be represented on
the construction plans. All utility conflicts shall be finny resolved directly with the applicable
utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation
for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on
behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall
assure that utility work schedules are obtained for the Project.
3. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges
from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National
Pollutant Discharge Elimination System Permit and all other necessary permits for construction
of the Project. When applicable, such permits will be processed in the name of the
DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all
terms and conditions of such permit in construction of the subject facilities.
4. This Agreement shall act to supersede the normal requirements of the LOCAL
GOVERNMENT to secure separate DEPARTMENT permits for drive -way connection, right -
of -way utilization, storm -water discharge and utilities and this Agreement is deemed to
constitute such permits.
5. It is expressly agreed by the parties that this Agreement creates a permissive use only
and that neither the granting of the permission herein to use DEPARTMENT and /or LOCAL
GOVERNMENT right -of -way nor the placing of facilities upon DEPARTMENT and /or
Pagel of 3
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5/22/2012 Item 15..
LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL
GOVERNMENT except as otherwise provided in separate agreements.
6. The DEPARTMENT shall appoint and authorize a single individual to serve as the
DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of
LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT
shall provide a current construction schedule to the DEARTMENT'S representative and shall
notify the representative at least 48 hours in advance of starting proposed work and again
immediately upon completion of work.
7. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor
using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work
for the Project.
8, The LOCAL GOVERNMENT shall hire a DEPARTMENT qualified CEI firm to
perform Verification Testing in accord with the 2010 Standard Specifications for Road and
Bridge Construction, and as amended from time to time. The DEPARTMENT shall have the
right, but not the obligation, to perform independent testing from time to time during the course
of construction of the Project. The CEI firm shall not be the same firm as the Engineer of
Record.
9. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S
contractor to post a bond in accordance with Section 337.18, Florida Statutes.
10. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the
maintenance of traffic concept without appropriate submission by the Engineer of Record (the
"Engineer ") and approval by the DEPARTMENT. Provided, however, in the event of an
emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and
notify the DEPARTMENT and the Engineer of Record after the modifications.
11. The DEPARTMENT may request and shall be granted a conference with the LOCAL
GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL
GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the
DEPARTMENT determines to be inconsistent with the approved design plans and
specifications. Tile LOCAL GOVERNMENT will monitor the corrective action and provide the
DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action
undertaken, and the DEPARTMENT may, but is not obligated to, review independently the
progress of the corrective action. Provided however, if the DEPARTMENT determines a
condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion,
issue an immediate stop work order.
12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the
maintenance of traffic and construction operation during the course of the Project so that the
safe and efficient movement of the traveling public is maintained. The LOCAL
GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans
as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures,
including the placing and display of safety devices that are necessary in order to safely conduct
the public through the Project area in accordance with the latest and current version of the
Page 2 of 3
Packet Page -1429-
5/22/2012 Item 16.E.3.
Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and
Highways, and the DEPARTMENT'S 2010 Standard Specifications for Road and Bridge
construction and the DEPARTMENT'S 2010 Roadway and Traffic Design Standards, and as
those sources may be amended from time to time. The LOCAL GOVERNMENT may assign
the responsibility of this paragraph to the Contractor or its' CEI for the construction of the
Project.
13. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project
schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid
opening date, the award date and the date of the preconstruction conference.
14. It is understood and agreed that the rights and privileges herein set out are granted
only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon
and used by the LOCAL GOVERNMENT. Any additional right or privilege required to
undertake and to complete construction of the Project shall be secured by the LOCAL
GOVERNMENT.
15. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT
shall furnish a set of "as- built" plans certified by the Engineer of Record /CEI that the necessary
improvements have been completed in accordance with the PIans as the same may be modified
in accord with the terms of this Agreement. This certification shall include a statement that
necessary inspections, tests, and physical measurements have been made, and that all materials
entering into the work conform to the Plans, conform to the applicable specifications contained
in the Standard Specifications for Road and Bridge Construction, 2010 edition as amended, or
otherwise conform to or meet generally accepted professional practices. Additionally, the
LOCAL GOVERNMENT shall assure that all post construction survey monumentation required
by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a
manner acceptable to the DEPARTMENT. Upon acceptance of right -of -way documents, then
the Project shall be deemed accepted by and turned over to the DEPARTMENT.
16. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or
anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall
immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate
with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action
related thereto.
17. It is acknowledged by the parties that construction plans and specifications are still
being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction
of the Project will not commence until the-DEPARTMENT has approved the construction plans
and specifications as provided for in Paragraph 1 and all required right -of -way has been properly
obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager,
18. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are
submitted on any vehicular bridge prior to the final submission of the structure plans for
DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final
bridge load rating that meets the Florida legal loads standard is complete.
Page 3 of 3
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5/22/2012 Item
EXHIBIT "E"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
COLLIER COUNTY
PROJECT DESCRIPTION: SR 29 (Main Street) from Jefferson Avenue to N 9'h Street
FINANCIAL MANAGEMENT ID# 431390 158 01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby provides notification that the work authorized by this Agreement is
complete as of .20
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby certifies that all work which originally required certification by a
Professional Engineer has been completed in compliance with the Project construction plans and
specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be
attached to this Certification. Also, with submittal of this certification, the LOCAL
GOVERNMENT shall furnish the DEPARTMENT a set of "as- built" plans certified by the
Engineer of Record /CEI.
SEAL:
By P.E.
Name:
Date:
Page I of 1
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5/22/2012 Item 1063.3.
EXHIBIT "F"
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
$ (ainount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FE DE L R O ES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. Fig st applicable compliance requirement (e.g., what ser•vic u�pose urces must be used
Joy).
2. Second applicable compliance requirement (e.g., gibt rty r uirer7ents for recipients of the
r-esources).
3. Etc.
CONSIST OF THE FOLLOWING:
amotat
State Projec list alila ng agency; Catalog of State Financial Assistance title and numbe+•) -
REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURS T TO THIS AGREEMENT ARE AS FOLLOWS:
Page 1 of I
Packet Page -1432-