2013-10 DOT Patterned Crosswalks 70/441 Impr ProjRESOLUTION NO. 2013 -10
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH
STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT
SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO
EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as FDOT,
proposes to construct or reconstruct transportation facility improvements identified on the Five -
Year Work Plan as Project ID No. 425846- 1- 52 -01, State Road 70, from NW /SW 4th Avenue
to NE /SE 3rd Avenue, hereinafter referred to as the Project; and
WHEREAS, the City of Okeechobee requested that FDOT include street scape improvements within
the Project area in an effort to provide State Road 70, also known within the City Limits as
North Park Street, with aesthetic amenities and traffic calming devices; and
WHEREAS, FDOT required that the City of Okeechobee adopt a Resolution authorizing the
execution and delivery to the FDOT, the agreement as identified as Locally Funded Agreement
(Crosswalk Improvements), hereinafter referred to as the Agreement; and
WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to
enter into the Agreement with FDOT to improve transportation facilities on the State Highway
System, finding it in the best interest of the citizens of the City of Okeechobee.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City:
SECTION ONE:
That the Agreement, attached herewith as Exhibit A, sets forth the payment
procedures to the FDOT to install patterned pavement at certain crosswalks, Per
Pay Item 523 -1, within the Project area and as set out in the Contract Plans,
Sheet No. 160 through 163, dated September 27, 2013. Estimated cost being
$68,036.00.
SECTION TWO: That James E. Kirk, Mayor for the City of Okeechobee, is authorized to execute
the Agreement. Further directing the City Clerk to forward a certified copy of this
Resolution, along with the executed Agreement to the FDOT.
SECTION THREE: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION FOUR: Severability. If any section, subsection, sentence, clause, phrase or portion of
this Resolution, or application thereof shall for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion or provision
and such holding shall not affect the validity of the remaining portions or
applications here.
SECTION FIVE: This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 1St day of
Lane amiotea, C C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
r, 2013.
Resolution No. 2013 -10 Page 1 of 1
James E. Kirk, Mayor
EXHIBIT "A"
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND CITY OF OKEECHOBEE
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This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, (hereinafter, the "DEPARTMENT ") and CITY OF OKEECHOBEE,
(hereinafter, the •
"CITY ") for the CITY to provide funds to the DEPARTMENT for
WITNESSETH
1. WHEREAS, at the request of the CITY, the DEPARTMENT has included in its Five Year
Work Program the under FM #
Fiscal Year (hereinafter, the "PROJECT "); and
2. WHEREAS, the estimated PROJECT cost for
DOLLARS $ ); and
3. WHEREAS, the CITY agrees to provide all funding to the DEPARTMENT for the cost of
, and
in
is
4. WHEREAS, the CITY, by Resolution dated the day of 201 a copy of
which is attached hereto and made a part hereof, has authorized the Chairman or Designee to
enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The CITY shall, at least 14 (fourteen) calendar days prior to the DEPARTMENT's
advertising the PROJECT for bid, furnish the DEPARTMENT a deposit in the amount of
DOLLARS ($ ) for
full payment of the estimated PROJECT cost for locally funded project number
. The DEPARTMENT may utilize this deposit for payment of the costs
of the PROJECT.
2. The DEPARTMENT shall deposit the above amount in an interest bearing account with the
Department of Financial Services, Division of Treasury, in the name of the Florida Department
of Transportation and in accordance with the terms and conditions of the Memorandum of
Agreement executed by the DEPARTMENT, the CITY and the Department of Financial
Services, which is incorporated by reference into this Agreement. All deposits shall be made
payable to the Department of Financial Services, Revenue Processing and mailed to the Florida
Department of Transportation:
Florida Department of Transportation
00C-GAO, LFA Section
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LFA:
Page 2 of 5
605 Suwannee Street, MS 42B
Tallahassee, FL 32399
3. Failure of the CITY to deposit the amount and within the time frame specified above in
Paragraph 1 shall be grounds for termination of this Agreement.
4. The CITY agrees to provide additional funding as needed to complete the PROJECT. If the
PROJECT is terminated by the DEPARTMENT through no fault of the CITY, the
DEPARTMENT shall return to the CITY all the unexpended funds including interest on the
deposit.
5. Interest from the Account shall be left in the Account to cover future deficiencies.
6. If the accepted bid amount plus allowances are in excess of the advance deposit amount, the
will provide an additional deposit within fourteen (14) calendar days upon notification from
the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the
total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify
the CITY as soon as it becomes apparent the accepted bid amount plus allowances are in
excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation on final
accounting as provided herein below. If the CITY cannot provide the additional deposit
within 14 (fourteen) days, a letter must be submitted to and approved by the
DEPARTMENT'S project manager indicating when the deposit will be made. The CITY
understands that the request and approval of the additional time could delay the PROJECT,
and additional costs may be incurred due to a delay of the project.
7. If the accepted bid amount plus allowances are less than the advance deposit amount, the
DEPARTMENT will refund the amount by which the advance deposit exceeds the bid amount
plus allowances if such refund is requested by the CITY in writing. However, failure of the
CITY to request the refund from the DEPARTMENT shall not relieve the DEPARTMENT
from its obligation to refund the amount determined on final accounting.
8. Should PROJECT modifications or changes to bid items occur that increase the total
PROJECT costs, the DEPARTMENT shall notify the CITY in advance and provide
documents for review and acceptance by the CITY. The CITY agrees to provide, without
delay, in advance of the additional work being performed, adequate funds to ensure that
cash on deposit with the DEPARTMENT is sufficient to fully fund the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will
overrun the award amount; however, failure of the DEPARTMENT to so notify the CITY
shall not relieve the CITY from its obligation to pay during the PROJECT and on final
accounting as provided herein below. Funds due from the CITY and not paid to the
DEPARTMENT within 40 (forty) calendar days from the date of the invoice are subject to an
interest charge at a rate established pursuant to Fla. Stat. §55.03.
9. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in
connection with the work performed hereunder within three hundred and sixty days (360) of
final payment to the Contractor(s). The DEPARTMENT considers the PROJECT complete
when the final payment has been made to all Contractor(s). All PROJECT cost records and
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accounts shall be subject to audit by a representative of the CITY for a period of three (3)
years after final close out of the project. The CITY will be notified of the final cost. Both
parties agree that in the event the final accounting of total project costs pursuant to the terms of
this agreement is less than the total deposits to date, a refund of the excess including any
accrued interest will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved from its
obligation to pay and the Department is not relieved from its obligation to make the refund.
10. In the event the final accounting of total project costs is greater than the total deposits to date,
the CITY will pay the additional amount within forty (40) calendar days from the date of the
invoice from the DEPARTMENT. The CITY shall pay interest at a rate as established
pursuant to Fla. Stat. §55.03, on any invoice not paid within forty (40) calendar days until the
invoice is paid.
11. The DEPARTMENT shall provide PROJECT schedule progress reports to the CITY in the
standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. The CITY will be entitled at all times to be advised, at its request, as to the
status of work being done by the DEPARTMENT and of the details thereof. Either party to the
Agreement may request and be granted a conference.
12. All tracings, plans, specifications, maps and /or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use.
13. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY. The CITY shall not be obligated or liable hereunder to any party other than the
DEPARTMENT.
14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make
such determination, the remainder of this Agreement shall remain in full force and effect
provided that the part of this Agreement thus invalidated or declared unenforceable is not
material to the intended operation of this Agreement.
15. The parties recognize and accept the funding restrictions set forth in Fla. Stat. §339.135(6)(a),
and Fla. Stat. § 166.241, which may affect each of the parties' obligations. Accordingly, the
DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and the CITY'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the CITY
Commissioners. The DEPARTMENT ensures that Fla. Stat. §339.135(6)(a) is contained in its
contracts as required by this statutory provision.
a. Florida Statutes §339.135(6)(a): 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
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herein contained shall prevent the making of contracts for periods exceeding 1 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 $25,000 and which have a term for a period of more than 1 year.
16. When either party receives a notice of claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim and report
its findings to each other within fourteen (14) working days and will jointly discuss options in
defending the claim.
17. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed. However, the obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
18. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein, and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document and executed by both parties.
19. Vendors/Contractors 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
Vendor /Contractor during the term of the contract; and Vendors /Contractors 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.
20. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
21. All notices under this Agreement shall be directed to the following:
TO DEPARTMENT: TO CITY OF OKEECHOBEE:
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IN WITNESS WHEREOF, CITY has caused this Agreement to be
executed in its behalf, by the Chairman or its designee, as authorized by. Resolution Number
, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this
Agreement to be executed in its behalf through its District Secretary or authorized designee. This
Agreement shall become effective on:
DEAPARTMENT to enter date.
ATTEST
CLERK
CITY
(Seal)
DATE PRINT NAME DATE
LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
EXECUTIVE SECRETARY
BY:
(SEAL) DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME
DATE PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE