Okaloosa County BOCC — June 16, 2015 — Okaloosa TMC JPA 05222015-FINAL DRAFT — reading text

Financial Project Number: 220239-4-88-01 COUNTY: OKALOOSA JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND OKALOOSA COUNTY Traffic Management Center Project Financial Project: 220239-4-88-01 This AGREEMENT is between the State of Florida Department of Transportation, hereinafter referred to as the DEPARTMENT, and Okaloosa County, State of Florida, with offices at 1759 South Ferdon Boulevard, Crestview, Florida 32536 hereinafter referred to as the COUNTY. 1. The DEPARTMENT and COUNTY are desirous of having the COUNTY conduct a Traffic Management Center deployment project in support of the existing regional advanced transportation management system in Okaloosa County, the scope of which is further described in Attachment A which is attached hereto and made a part hereof, hereinafter referred to as the PROJECT; 2. The DEPARTMENT is prepared to reimburse the COUNTY for direct costs of the PROJECT up to a maximum amount of THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00) that it has allocated in each of its fiscal years designated as FY 2015, FY 2016, and FY 2017, for a total of NINE HUNDRED THOUSAND and 00/100 DOLLARS ($900,000.00) over the course of the AGREEMENT. It shall be noted that any accrued funding allocated by the DEPARTMENT in any previous fiscal year toward the PROJECT shall be permitted to “roll over” to be available for expenditure by the COUNTY in subsequent fiscal years; 3. The functions and services enumerated in this AGREEMENT are in the interest of both the DEPARTMENT and the COUNTY, and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and 4. The COUNTY by a vote of its Board of County Commissioners on ____________________, 2015 has authorized the proper COUNTY officials to enter into this AGREEMENT. A copy of the minutes or resolution of said meeting is further described in Attachment C. NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of this AGREEMENT, and in compliance with Sections 334.044 and 339.12, Florida Statutes, F.S., the parties agree to the following: Page 1 of 14 5 – SERVICES AND PERFORMANCE A. The recitals set forth in paragraphs 1-4 above are true and correct and are deemed incorporated herein. B. The COUNTY shall provide 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. The PROJECT, identified as Project Number 220239-4-88-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Attachment A – Scope of Work. C. The COUNTY shall obtain any and all necessary permits as required for completion of the PROJECT. D. The COUNTY agrees that all work performed and materials used in administering the PROJECT shall be in accordance with the DEPARTMENT’S Standard Specifications for Road and Bridge Construction, Design Standards and Federal Manual of Uniform Traffic Control Devices (“MUTCD”), the DEPARTMENT’S Structures Design Manual, the DEPARTMENT’S Plans Preparation Manual (“PPM”), Manual for Uniform Minimum Standards for Design, Rule 14-51, Florida Administrative Code, and the DEPARTMENT’S Traffic Engineering Manual (“TEM”). 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, F.S.). F. The COUNTY shall not sublet, assign or transfer this AGREEMENT without prior written consent of the DEPARTMENT. G. 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 AGREEMENT; and ii). Shall expressly require any subcontractors performing work or providing services pursuant to the AGREEMENT 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 term of the AGREEMENT. H. Notices pursuant to this AGREEMENT shall be sent by U.S. Mail to the following addresses: Page 2 of 14  FOR THE COUNTY Okaloosa County Public Works, Traffic Operations Division 1759 South Ferdon Boulevard Crestview, Florida 32536 Attn: Dr. Randall K. Showers, P.E., County Traffic Engineer FOR THE DEPARTMENT Florida Department of Transportation District Traffic Operations Office Post Office Box 607 Chipley, Florida 32428 Attn: Cliff Johnson, District Traffic Systems Specialist 6 – COMPENSATION AND PAYMENT A. The DEPARTMENT shall reimburse the COUNTY in a lump sum or partial payments for direct costs of the PROJECT. The parties agree that the DEPARTMENT’s maximum participation shall not exceed THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00) that it has allocated in each of its fiscal years designated as FY 2015, FY 2016, and FY 2017 for a total of NINE HUNDRED THOUSAND and 00/100 DOLLARS ($900,000.00) over the course of the AGREEMENT. However, it shall be noted that any accrued funding allocated by the DEPARTMENT in any previous fiscal year toward the PROJECT shall be permitted to “roll over” to be available for expenditure by the COUNTY in subsequent fiscal years. Any additional costs, or other items not covered by this AGREEMENT shall be the COUNTY’S sole responsibility. The Measurement and Payment is included as Attachment B. B. The DEPARTMENT shall reimburse the COUNTY contingent upon receipt of a properly submitted invoice and supporting documentation. Supporting documentation shall include a copy of the canceled check tendered by the COUNTY to the consultant/contractor/vendor who performed the work or provided services or materials under the PROJECT. Supporting documentation shall also include dates of services and items of work performed on the PROJECT. C. Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable deliverables as established in Attachment A – Scope of Work. Deliverables must be received and accepted in writing by the DEPARTMENT’s Project Manager or designee prior to reimbursements. D. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and must also establish that the required minimum Page 3 of 14  level of service to be performed based on the criteria for evaluating successful completion as specified in Attachment A – Scope of Services was met. i). See the Attachment B for additional measurement and payment provisions. E. The COUNTY may receive progress payments for deliverables based on documented expenses incurred in support of the PROJECT, and where applicable the vendor’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 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. F. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapter 215 and 216, Florida Statutes. If the DEPARTMENT determines that the performance of the COUNTY is unsatisfactory, the DEPARTMENT shall notify the COUNTY of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The COUNTY shall, within five (5) days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the COUNTY will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall be assessed a non- performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the DEPARTMENT for the retained amount during the next billing period. If the COUNTY is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s term. G. The COUNTY should be aware of the following time frames. Upon receipt, the DEPARTMENT shall have twenty (20) working days to inspect and approve the goods and services. PROJECT costs eligible for DEPARTMENT participation shall be allowed only for costs incurred after the date of final execution of this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre-audit and post-audit thereof. 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. H. If a payment is not available within forty (40) days after receipt of a properly completed invoice, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Page 4 of 14  F.S., will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY 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. I. 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. J. The DEPARTMENT shall make payment(s) by check payable to the Okaloosa County Board of County Commissioners, and forward payment(s) to: Okaloosa County Finance Department, 101 East James Lee Blvd., Crestview, Florida 32536. K. 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