Okaloosa County BOCC — May 15, 2013 — Florida Department of Transportaion Joint Participation Agreement — reading text

Financial Project No.: 416533-8-58-23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADSIDE BEAUTIFICATION ASSISTANCE JOINT PARTICIPATION AGREEMENT This Agreement is between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, “DEPARTMENT,” and OKALOOSA COUNTY, “COUNTY.” 1. The DEPARTMENT has the authority, under Section 334.044(26), Florida Statutes, to enter into this Agreement; and 2. A Roadside Beautification Assistance Program has been created by Section 334.044(26), Florida Statutes, to “provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs”; and 3. The COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 334.044(26), Florida Statutes; and 4. The DEPARTMENT shall reimburse the COUNTY for direct costs under FP ID: 416533-8-58-23 for costs directly related to landscape of State Road 85 from North of Loblolly Drive to South of Sunset Boulevard , hereinafter referred to as the “PROJECT”; and 5. The COUNTY has authorized the Mayor or COUNTY Official to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 6. The recitals in paragraphs 1-5 above are true and correct and are made a part of this Agreement. 7-SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to undertake and complete the PROJECT. Said PROJECT consists of Landscaping, Irrigation and other related materials to establish and maintain the project, as further described in Exhibit A (Scope of Services), attached hereto and made a part hereof. B. The COUNTY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications. The COUNTY shall take the necessary steps to insure the PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities. 1  i). The parties agree that this Agreement shall act as the COUNTY’S permit from the DEPARTMENT to perform the PROJECT. However, if the PROJECT requires bore work to be performed, the COUNTY shall obtain a permit from the DEPARTMENT prior to performing the bore work. ii). The COUNTY shall notify the DEPARTMENT field office responsible for overseeing the PROJECT at least 48 hours prior to beginning work on the PROJECT. C. Upon completion of the PROJECT, the appropriate COUNTY representative shall certify to the DEPARTMENT the project has been completed in accordance with the “Project Concept Report” (if applicable) and project plans and specifications. D. The DEPARTMENT will be entitled at all times to be advised as to the status of work being done by the COUNTY and of the details thereof. Therefore, the COUNTY shall provide a monthly report to the DEPARTMENT project manager. E. If the COUNTY hires a consultant, it must certify that its consultant has been selected in accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes). F. The COUNTY shall not sublet, assign or transfer this Agreement without prior written consent of the DEPARTMENT. G. The COUNTY shall have sole responsibility for maintaining the subject landscaping according to state standards, as well as stipulations outlined in Exhibit “B” both during and after completion of the PROJECT. H. The COUNTY: 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 COUNTY during the term of the contract; and ii). 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. 8-TERM A. The COUNTY shall commence the project activities subsequent to the execution of this Agreement and said activities shall be performed in accordance with the following schedule: i). The PROJECT is to be completed on or before May 31, 2014. 2  B. This Agreement shall not be renewed. This Agreement shall expire on the date of which the PROJECT is to be completed unless the COUNTY submits a written request for an extension of time and the DEPARTMENT’s District Secretary or Designee grants a written extension prior to expiration of the Agreement. 9-COMPENSATION AND PAYMENT A. i) The DEPARTMENT shall reimburse the COUNTY for direct costs of the PROJECT. The parties agree that DEPARTMENT’s maximum participation is ONE HUNDRED THOUSAND and 00/100 DOLLARS ($100,000.00). Any additional costs, such as design of the project or other items not covered by this Agreement, shall be the COUNTY's sole responsibility. ii) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to Production Management, 1074 Highway 90, Chipley, FL, 32428, for approval and processing. iii) The DEPARTMENT shall reimburse the COUNTY upon receipt of a properly submitted invoice and supporting documentation. Supporting documentation shall include a copy of the cancelled check tendered by the COUNTY to the consultant/contractor who performed the work under the PROJECT. Supporting documentation shall also include dates of services and items of work performed on the PROJECT. iv) Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof, based on quantifiable, measurable and verifiable deliverables as established in Exhibit “A,” Scope of Services and Project Plans when approved by the DEPARTMENT. Deliverables must be received and accepted in writing by the DEPARTMENT’s Project Manager or designee prior to reimbursements. v) Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and must also establish that the required minimum level of service to be performed as specified in Section 7.B. was met, and that the criteria for evaluating successful completion as specified in Section 7.B. was met. vi) The COUNTY 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 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. vii) If the schedule for performance exceeds 30 days the COUNTY shall submit invoices to the DEPARTMENT at the end of each calendar month. The COUNTY shall 3 prepare and submit monthly invoices to the DEPARTMENT in a format acceptable to the DEPARTMENT. Optionally, in an extended performance as referred to in this item, the COUNTY may submit one complete invoice in the form and in accordance with the method required in items i), ii), iii), iv), v) and vi) above. viii) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. ix) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. x) Travel costs will not be reimbursed. B. 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 includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. C. 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. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 10 – TERMINATION AND DEFAULT A. If the DEPARTMENT determines the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY 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 the DEPARTMENT will take whatever action is deemed appropriate by the DEPARTMENT. B. The DEPARTMENT may cancel this Agreement in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to terminate or cancel this Agreement in the event the COUNTY shall be 4 placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event of an assignment being made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) sixty days written notice to the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY 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 COUNTY 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