Item C20
BOARD
Date:
Division:
Enginer
WORDING:
Approval of a Joint Participation Agreement (JP A) between Monroe County and Florida Department of
Transportation to complete stonnwater management improvements at various locations along the US. Highway
1 corridor, subject to review and approval by the County Attorney and FOOT.
years ago the Directors of Marine Resources and
Transportation to placing stormwater
and identified in the County's Stonnwater Management Master Plan
to was
been made available and provided to Monroe to
Attached is a JP A to complete 6 projects for an estimated cost of approximately $2,000,000.
are required.
on
Work Program. They
CHANGES:
as
TOTAL COST:
$2,000,000
BUDGETED:
No
PRODUCING:
No
r
CONTRACT SUMMARY
Contract with: FDOT Contract #_
,
Effective Date: 06/15/05
~ . " Date: 12/31/2006
r
Contract Purpose/Description:
Joint Participation Agreement (JP A) between Monroe County and the Florida
Department of Transportation to complete stormwater management improvements at
various locations along the U.S. Highway 1 corridor.
Contract Manager: David S. Koppel, PE 4426 Engineering 1 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/15/05 Agenda Deadline: 5/31/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 2,000,000
Budgeted? Yesl:8J No D Account Codes:
Grant: $ 2,000,000
County Match: $ None
Current Year Portion: $ 1,000,000
N/A-_ _-_
-
--
-
--
- --
-----
- - -.
----
Estimated Ongoing Costs: $NNyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
o .M.B./Purchasing
Date Out
Division Director
Risk Management
Comments:
Form Revised
#2
JOINT PARTICIPATION AGREEMENT
THIS JOINT P ARTICIP ATION AGREEMENT (this "Agreement") is made and entered
into on this _ day of , 2005, between MONROE COUNTY, a political
subdivision of the State of Florida, existing under the Laws of the State of Florida, herein after
called the COUNTY, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
a component agency of the State of Florida, hereinafter called the DEPARTMENT
WITNESSETH
WHEREAS, the COUNTY expects to undertake the permitting, design, and construction
of several stormwater structures on areas of U.S. Highway 1 in the COUNTY over several years,
and
WHEREAS, the DEPARTMENT desires to improve stonnwater drainage along the U.S_
1 corridor in MONROE COUNTY which are within DEPARTMENT rights-of-way as
identified Attachment A, and
WHEREAS, the DEPARTMENT and the COUNTY desire to pool resources in order to
gain efficiencies and economies of scale, and
WHEREAS, the DEPARTMENT agrees to participate in the costs of work performed on
the State Roadways, and
WHEREAS, the parties hereto mutually recogmze the need for entering into an
agreement designating and setting forth the responsibilities of each party;
NOW THEREFORE, the parties hereto,
consideration of the mutual covenants
benefits set forth and
good and valuable consideration, receipt of which is hereby
acknowledged, hereby agree as
1.
as
on
(a) The DEPARTMENT has been duly created and is validly existing as a public
agency under the laws of the State. The DEP AR TMENT has all necessary power
to enter into the transactions contemplated by this Agreement and to carry out its
obligations hereunder. The obligations of the
under this
Agreement are valid and enforceable in accordance with their terms, except to the
extent that such enforceability may be subject to bankruptcy, insolvency,
moratorium, and other laws affecting creditors' rights generally and to general
principles of equity (regardless of whether such enforceability is considered in a
proceeding in equity or at law)_
(b) There is no litigation pending or, to the knowledge of the DEPARTMENT,
threatened with respect to the future development of the ramps which are a part of
this Agreement which wiU affect the performance by the DEPARTMENT of
obligations under this Agreement.
(c) No default exists with respect to the obligations of the DEPARTMENT under this
Agreement, and the execution and delivery of this Agreement by the
DEP AR TMENT do not constitute a violation of applicable law or regulations or a
breach a default under any other agreement to which the DEPARTMENT is a
party or an event that, with the passage of time, would become a breach of or
default under any such agreement.
All consents, waivers, approvals
actions
III
to enter
comply
to be
this
2
2.
Representations by the County.
The COUNTY makes the following representations
as the basis for the undertakings on its part herein contained:
(a) The COUNTY has been duly created and is validly existing as a body politic and
corporate, a public instrumentality and an agency of the State existing under the
Act The COUNTY has all necessary power to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder. By
proper corporate action the COUNTY has been duly authorized to execute and
deliver this Agreement The obligations of the COUNTY under this Agreement
are valid and enforceable in accordance with their tenns, except to the extent that
such enforceability may be subject to bankruptcy, insolvency, moratorium, and
other laws affecting creditors' rights generally and to general principles of equity
(regardless of whether such enforceability is considered in a proceeding in equity
or at law).
(b) No litigation is pending, or to the knowledge of the COUNTY, threatened with
respect to the future development of the ramps which are a part of this Agreement
which will affect the performance by the COUNTY of its obligations under this
Agreement
(c) No default exists with respect to the obligations of the COUNTY under this
Agreement, and the execution and delivery by the COUNTY of this Agreement
do not constitute a violation of applicable
or regulations or a breach of or
under
to which the COUNTY is a
or an event
a
or
3
(d) All consents, waivers, approvals and other governmental actions required to be
taken in order for the COUNTY to enter into and fully comply with this
Agreement have been received or obtained by the COUNTY.
3.
Recitals.
The Recitals to this Agreement are true and correct and are hereby
incorporated herein by reference and made a part hereof
4. Funding of Permitting, Design and Construction Work.
(a) The DEPARTMENT covenants and agrees to provide funding for stormwater
management improvements along various segments of the U.S. Highway 1
conidor of the Florida Keys_
(b) The COUNTY covenants and agrees to undertake the Permitting, Design and
Construction Work of the following road segments on the DEP AR TMENT rights-
of-way as established and described in Attachment 1 and as set out in the Monroe
County Stonnwater Management Master Plan dated August 2001.
1_ Bayside Parking MM 66,
2_ Boca Chica to Rockland,
3. Rockland to Shark Key,
4, Big Coppitt Boat Ramp,
5, North Harris to Park Key Channels, and
6. Bow to Kemp Channels;
( c) The Permitting, Design, and Construction Work shall be In a manner
that conforms to the and design standards of
COUNTY as in effect on date of this
4
5. Funding of Construction.
(a) The COUNTY covenants and agrees to undertake the construction of the
Stormwater Improvement Structures which are a part of this Agreement as part of
an overall, multi-year plan to improve various storrnwater management in Monroe
County on and DEPARTMENT rights-of-way.
(b) The DEPARTMENT covenants and agrees to reimburse the COUNTY for the
design, permitting, and construction costs of various stormwater improvements
on the DEPARTMENT rights-of-way as follows:
1_ The total cost of construction for the Bayside Parking at MM 66 estimated
to be $16,900;
2. The total cost of construction of the Boca Chica to Rockland Key right-of-
way which is estimated to be $1,128,700;
3. The total cost of construction of the Rockland to Shark Key right-of-way
which is estimated to be $543,500;
4, The total cost of construction of the North Harris to Park Channels which
is estimated to be $418,000;
5_ The total cost of construction of the Bow to Kemp Channel right-of-way
which is estimated to be $1,045,100_
(c) The DEP AR TMENT has encumbered the funds for Fiscal Year 05 in accordance
with this agreement.
(d)
The
will reimburse the
the COUNTY accordance
its share of
Standard
when
Provisions
invoiced
5
(e) The COUNTY covenants and agrees to schedule the construction of the
stormwater management improvements on the DEPARTMENT rights-of-way in
accordance with the availability of funds set forth on Attachment A. Upon
completion of the work, the COUNTY will certify to the DEPARTMENT that all
work was performed in accordance with applicable DEPARTMENT standards.
6. Standard Financial Provisions.
1. The Department agrees to pay the COUNTY for the herein described
services at a compensation as detailed in this Agreement.
2. Payment shall be made only after receipt and approval of goods and
services unless advance payments are authorized by the State Comptroller
under Section 215.422(14), Florida Statutes, or by the Department's
Comptroller under Section 334.044(29), Florida Statutes.
3. If this Agreement involves units of deliverables, then such units must be
received and accepted in writing by the Contract Manager prior to
payments.
4, Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof
5, Bills for travel expenses specifically authorized in this Agreement shall be
submitted on the Department's Travel Form No. 300-000-01 and will be
paid in accordance with Section 112.061, Florida Statutes_
6. Participants providing goods and services to the Department should be
aware the following frames_ Upon Department has (5)
to goods The
6
Department has 20 days to deliver a request for payment (voucher) to the
Department of Banking and Finance. The 20 days are measured from the
latter of the date the invoice is received or the goods or services are
received, inspected and approved.
7. If a payment is not available within 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, to the Participant.
Interest penalties of less than one (1) dollar will not be enforced unless the
Participant requests payment. Invoices that have to be returned to a
Participant because of Participant 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.
8_ A Vendor Ombudsman has been established within the Department of
Banking and Finance_ 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) 410-9724 or by calling the State
Comptroller's Hotline, 1-800-848-3792.
9_ Records of costs incurred under the 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 three years after final payment
is made_ Copies of these documents and records shall be furnished to the
of costs
7
Participant's general accounting 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.
10. In the event this contract is for services in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and a term for a period of more
than one year, the provisions of Section 339.135(6) (a), Florida Statutes,
are hereby incorporated.
"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 such 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00)
have a term for a
more
one
"
8
1 L The Department's obligation to pay IS contingent upon an annual
appropriation by the Florida Legislature.
7. Effective Date of this Agreement. This Agreement shall become effective on the date
first specified above.
8. Provisions Separable. The provisions of this Agreement are independent of and
separable from each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them may be invalid
or unenforceable in whole or in part.
9. Amendment of Agreement. This agreement may be amended by mutual agreement of
the DEP AR TMENT and the COUNTY expressed in writing and executed and delivered by each.
10. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made and
received when delivered (personally, by courier service such as Federal Express, or by other
messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid,
return receipt requested, addressed as set forth below:
(a)
If to the County:
Monroe County
I 100 Simonton Street, Room 2-205
Key West, Florida 33040
Attention: County Administrator
(b)
If to the Department:
Florida Department of Transportation
1000 NW I I I th Avenue, Room 623 I
Miami, Florida 33172
Attention: District Secretary
9
[BALANCE OF PAGE INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement,
MONROE COUNTY, signing by and through its Chairman, and the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each
duly authorized to execute same,
MONROE COUNTY
BY:
[SEAL]
ATTEST:
Approved as to form
ne A. Hutton
Asst. Co. Atty.
12
District Secretary
[SEAL]
Margaret Higgins
Executive Secretary
as to
Sufficiency
Michael Schloss
General Counsel
3
)
)
)
I,
, a
said
aforesaid, do hereby certify that
and
known to me to be the same
names
as
respectively, of the COUNTY, subscribed to the foregoing instrument, appeared before me this
sealed
the seal of
Authority, and delivered
said instrument as the free and voluntary
act of
as
own
and
uses
as
set forth.
State of Florida
known to me, or
Produced Identification:
COUNTY
MONROE
)
)
)
I,
, a
County
State
aforesaid, do hereby certify that
,District Secretary of the STATE OF
to
me
and
authorized,
sealed
Department, and
instrument as the free and voluntary act of said Department and as their own free and voluntary
act,
uses
therein as set forth.
Given under my hand and
this _ day
,2005.
State of Florida
Public
Seal of Office
to me, or
an
Did not take an oath
5
State U.S. Highway 1 Right-of-Way
To be Improved Under
Estimated Expected
Mile Construction Funds
Marker Island Name/Location Cost Available
7-10 Boca Chica Boca Chica to $1,128,700 FY05
Rockland
11-12 Big Coppitt Rockland to $543,500 FY05
Shark Key
17-19 Park Key North Harris to $418,000 FY05
Park Channel
20-22 Cudjoe Key Bow to Kemp $1,045,100 FYOS
Channel
66 Long Key Little Duck Key $16,900 FY05
Public Park &
Ramp