Fort Walton Beach Resolution — 2010-44 - FDOT Roadside Beautification Agreement — reading text

RESOLUTION 2010- 44 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH OF THE STATE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SR 189 LEWIS TURNER BLVD LANDSCAPING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PARTICIPATIONJOINT AGREEMENT; AUTHORIZING THE RECREATION AND CULTURAL SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WAL TON BEACH, FLORIDA AS FOLLOWS: The State of Florida Department of Transportation, through the Roadside Beautification Assistance Program, provides funding for the implementation and maintenance of roadside beautification programs. The City is eligible to participate in this competitive grant program, and has applied for and been awarded up to $ 25, 655 for SR 189 Lewis Turner Blvd. Landscaping, with no City match required. The City Council finds that it is in the best interests of the citizens of Fort Walton Beach to participate in the Roadside Beautification Assistance Program. Therefore, theCity Council hereby authorizes the City Manager to execute the joint participation agreement and all necessary documents to complete grant- related purchases; the Recreation and Cultural Services Director to implement, supervise, and manage the initiative pursuant to City purchasing policies and procedures and Florida law; and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 001- 1553- 334- 3940 $ 25, 655 001- 1553- 541- 6355 25, 655 This Resolution shall take effect immediately upon approval by the City Council. Adopted: W~, {~ g.O I 0 kh~ Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: I__.__.,,-~.. ....... ,_ .  Florida Department of Transportation RICK SCOTT 605 Suwannee Street OFFICE OF THE GOVERNOR SECRETARY Tallahassee, FL 32399- 0450 February 15, 2011 Jeff Peters, Director Parks & Recreation City of Ft. Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548- 6614 RE: FDOT Landscape Program Joint Participation Agreement ( JPA) for SR 189 Lewis Turner Blvd. from Roberts Road to Mooney Road FP ID: 416533- 8- 58- 03 Dear Mr. Peters: Attached please find the executed Landscape Joint Participation Agreement document for the above referenced project. You may consider this your Notice to Proceed with the construction of your landscape project. The deadline for completion of the project will be January 31, 2012. As a reminder, the funds associated with this agreement can only be used for construction of the project. Also, fifty percent of the funds must be spent on five- gallon plants or larger. 900/ 0 plans shall be submitted to the department for review prior to the start of construction. The Department requests " monthly" invoicing for all JPA Landscape Agreements exceeding a 30 day construction completion schedule as included in the executed JPA Agreement, Section 3, COMPENSATION and PAYMENT. The Department is pleased to assist the City of Ft. Walton Beach with this project. If you have questions, please contact Ms. Pam Miner, Project Manager, with PBS& J at ( 850) 638- 2288. Sincerely, Attachments cc: Regina Battles Pam Miner www. dot.state. fl.us  Financial Project No.: 416533- 8- 58- 03 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 the City of Ft. Walton Beach, " CITY." WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334. 044, Florida Statutes, to enter into this Agreement; and WHEREAS, 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 WHEREAS, the CITY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 334. 044( 26), Florida Statutes; and WHEREAS, the DEPARTMENT shall reimburse the CITY for direct costs under FP ID: 416533- 8- 58- 03 for costs directly related to landscaping of SR 189 Lewis Turner Blvd. from Roberts Road to Mooney Road, hereinafter referred to as the " PROJECT"; and WHEREAS, the CITY has authorized the Mayor or City Official to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promIses and representations contained herein, the parties agree as follows: I- SERVICES AND PERFORMANCE A. The CITY shall furnish the services with which to undertake and complete the PROJECT. Said PROJECT consists of Landscapine:~Irrie:ation and other related materials to establish and maintain the proiect, as further described in Exhibit A ( Scope of Services), attached hereto and made a part hereof. B. The CITY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including CITY standards and specifications. The CITY shall take the necessary steps to insure the PROJECT is completed within state or CITY right- of-way, or an appropriate easement has been acquired for off right- of-way actions. The CITY shall be responsible for obtaining clearances/ permits required for the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the appropriate CITY 1 services and items of work performed on the PROJECT. iv) Invoices shall be submitted by the CITY 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 the approved by DEPARTMENT. Deliverables must be received and in accepted 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 CITY and must also establish that the minimum required level of service to be performed as specified in Section I. B. was met, and that the criteria for evaluating successful completion as specified in Section I. B. was met. vi) The CITY may receive progress payments for deliverables based on the Schedule of Values and on a percentage of services that have been contractor' s completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices andacceptable 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 CITY shall submit invoices to the DEPARTMENT at the end of each calendar month. The CITY shall prepare and submitmonthly invoices to the DEP ARTMENT in format acceptable to the a DEPARTMENT. Optionally, in an extended performance as referred to in this item, the CITY 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 CITY' s general accounting records and the project records, together with supporting documents and records of the CITY and all subcontractors performing work on the project, and all other records of the CITY and subcontractors considered the DEPARTMENT necessary by for a proper audit of costs. 3 experiencing problems in obtaining timely payment( s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at ( 850) 413- 5516 or by calling the Department of Financial Services Hotline at 1- 877- 693- 5236. The administration of resources awarded by the DEPARTMENT to the CITY may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. MONITORING In