Fort Walton Beach Resolution — 2010-22 - MOA with State to install new mast arms — reading text

RESOLUTION 2010- 22 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING AN INTEREST BEARING ESCROW ACCOUNT TO PROVIDE FUNDS TO INSTALL MAST ARMS TO REPLACE EXISTING STRAIN POLES ON STATE ROAD 85 EGLIN PARKWAY) AT HOLLWOOD BOULEVARD; AUTHORIZING THE CITY MANAGER TO SIGN A LOCALLY FUNDED AGREEMENT AND A MEMORANDUM OF AGREEMENT; AUTHORIZING THE ENGINEERING & UTILITIES DIRECTOR TO OVERSEE THE PROJECT; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The Florida Department of Transportation agrees to install mast arms to replace existing strain poles on State Road 85 ( Eglin Parkway) at Hollywood Boulevard ( FPID 419313- 1- 32- 01). The City of Fort Walton Beach agrees to fund its share of the intersection improvements as set forth within the Locally Funded Agreement by advancing two hundred forty six thousand nine hundred ninety dollars ($ 246, 990. 00) into an interest bearing escrow account opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management as set for the within the Memorandum of Agreement. No budget amendment is necessary for this project, as City Council approved the reallocation of CRA funding at its June 22, 2010 for this project. The City Council finds that it is in the best interest of the citizens of Fort Walton Beach to participate in the Locally Funded Agreement and Memorandum of Agreement. Therefore, the City Council hereby authorizes the City Manager to sign the Locally Funded Agreement, Memorandum of Agreement, and other necessary documents to complete project- related purchases; and the Engineering & Utilities Director to implement, supervise, and manage the initiative pursuant to City purchasing policies and procedures and Florida law. This Resolution shall take effect immediately upon approval by the City Council. 010 tJ'fl ' J.- AdoPted:~ Mike Anderson, Mayor for fo: sufficiency: mJ! ~ Toni L. Craig, City AU n y  MEMORANDUM OF AGREEMENT FPID # 419313- 1- 32- 01 THIS AGREEMENT is made and entered into this J~ ct .,day of s.; U\ 2010, t8...~, by and between the State of Florida,Department of Transportation, hereinaft~~- FDOT" and as " the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as TREASURY" and the City of Fort Walton Beach, a Florida municipal corporation, hereinafter referred to as the " PARTICIPANT". WITNESSETH WHEREAS, FDOT is currently administering the following project: Financial Project Number: 419313- 1- 32- 01 ( SR 85 Resurfacing Project) County: Okaloosa County hereinafter referred to as the " PROJECT". WHEREAS, FDOT and the P ARTICIP ANT entered into a Locally Funded Agreement, dated q - "... 7 ' .. 0 \0 , wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agree that it is in the best interest of the FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIP ANT by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to th~ following: 1. An initial deposit in the amount of TWO HUNDRED AND FORTY-SIXTY THOUSAND NINE HUNDRED AND NINETY DOLLARS ($246, 990. 00) will be made by the PARTICIPANT into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the TREASURY, on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset ofFDOT. 2. Other deposits will be made only by theP ARTICIP ANT as necessary to cover cost increases or the cost of additional work prior to the execution of any additional Supplemental Agreements or Amendments. 3. All deposits shall be made payable to the DeDartment of Financial Services. Revenue Processing, and mailed to the FDOT OOC- GAO for appropriate processing at the following address: Florida Department of Transportation OOC- GAO, LFA Section 605 Suwannee Street, Mail Station 42- B Tallahassee, Florida 32399 A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the P ARTICIP ANT to mail the District Office a copy of the check. 4. The FDOT' s Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to the FDOT. 7. The TREASURY further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA CITY OF FORT WALTON BEACH 1~:;;:-- t ~ ~ S A OF FLORIDA DEPARTMENT OF TRANSPORTATION Robert Mearns - City Manager COMPTROLLER PARTICIP ANT NAME & TITLE Dme: August 24, 2010 ST~ i " bRID ... · .... ... . OP. DEPARTMENT OF FINANCIAL SERVICES City of Fort Walton PARTICIPANT ADDRESS B~ ach 107 Miracl& Strip Parkway, sw DIVISION OF TREASURY Fort Walton Beach, FL 32548 Date: D FEDERAL EMPLOYER J.D. NUMBER 59- 6000323 FP ID: 419313- 1- 32- 01 Original: 7/ 26/ 2010 Revised: Page 1 of9 Fund: LF Financial Project ID' s: Agency: City of Fort Walton Beach Vendor No.: F596000323001 419313- 1- 32- 01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF FORT WALTON B~~~ H ~-'- t" r"' \),", V-\\ This AGREEMENT, made and entered into this ~ day of ~'.. L 2010, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter referred to as the " DEPARTMENT") and the CITY OF FORT WALTON BEACH, a Florida municipal corporation, ( hereinafter referred to as the " CITY"), WITNESSETH: WHEREAS, the DEPARTMENT and CITY are desirous of having the DEPARTMENT make certain improvements on State Road 85 ( Eglin Parkway) at Hollywood Boulevard in order to install mast anns to replace the existing strain poles. This improvement is located in Okaloosa 419313- 1- 32- 01, County and is known as Financial Project Identification ( FP ID:) number hereinafter referred to as the PROJECT; and WHEREAS, the CITY shall advance a deposit to the DEPARTMENT in the amount of TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED NINETY DOLLARS 246, 990. 00) for the CITY' s share of the intersection improvements as set forth within this AGREEMENT. Of the TWO HUNDRED FORTY SIX THOUSAND NINE HUNDRED NINETY DOLLARS ($ 246, 990. 00) to be furnished by the CITY, SEVENTY SIX THOUSAND SIX HUNDRED SIXTY FOUR DOLLARS ($ 76, 664. 00) is associated with 32) fees/ effort and ONE HUNDRED SEVENTY THOUSAND additional design ( Phase THREE HUNDRED TWENTY SIX DOLLARS ($ 170, 326. 00) is associated with the additional construction ( Phase 52) costs of traffic signal support structures as requested by the CITY; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the CITY, and the existing District Three professional services contract ( FP ID: 419313- 1- 32- 01, Contract No. C8S88) would be the most practical, expeditious, and economical mechanism by which to administer the PROJECT; and  FP ID: 419313- 1- 32- 01 Original: 7/ 26/ 2010 Page 2 of9 Revised: WHEREAS, the Local Traffic Signal Maintaining Agency desires mast ann structures in lieu of concrete strain poles to support the traffic signals, and are willing provide the additional funding and also commit to cover the perpetual maintenance cost of the painted mast arm structures; and WHEREAS, the Parties have been granted specific legislative authority to enter into this AGREEMENT pursuant to Section 339. 12, Florida Statutes; and WHEREAS, the CITY, by Resolution/Minutes, a copy of which is attached hereto as Exhibit " B", and made a part hereof, has authorized its officers to execute this AGREEMENT on its behalf; and WHEREAS, the PROJECT is not revenue producing; NOW,