R99-090RESOLUTION NO. R99-~O
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH, FLORIDA AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPO.RTATION,
PROVIDING FOR THE INSTALLATION OF DRAINAGE
IMPROVEMENTS ALONG SE 6TM STREET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach will be constructing paving and
drainage improvements along SE 6th Street as part of its Basin 1 - downtown Master
Stormwater Improvement Program; and
WHEREAS, the completion of these improvements are in the interest of both
the State of Florida Department of Transportation (FDOT) and the City, and the
FDOT is prepared to contribute funds towards the improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a Joint
Participation Agreement between the City of Boynton Beach and the State of Florida
Department of Transportation, regarding the installation of drainage improvements
along SE 6th Street, said Agreement being attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ O
day of July, 1999.
ATTEST:
C~y Clerk
(Corporate Seal)
: ~I~ ,~1;~ ~ ~Street
~ ~ 0 O~
~ce Mayor
Mayor Pro Tem
Comm'.~¢~~,~, ~ 'oner
Commissioner
JEB BUSH
GOVERNOR
Florida Department of Transportation
PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT IV
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone:(954) 777-4603/Fax (954) 777-4602
August 13, 1999
THOMAS E BARRY, JR.
SECRETARY
Mr. Peter Mazzella
Assistant Utilities Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
AUG
1999
Joint Participation Agreement
State FM #: 229011/1/38/01
Design Modifications / Ocean Avenue
Dear Mr. Mazzella -
Enclosed please find two (2) original executed Joint Participation Agreements (JPAs)
referenced project. These documents are for your records.
for the
Thank you for your' assistance in this matter. If you have any questions, please call me. I can
be reached at (954) 777-4623.
Sincerely,
Teresa Martin, CPPB
Professional Services Unit
enc:
copy:
JPAs (2)
Clara Scott, FDOT Project Manager
Mike DeRosa, Program Development
File
www. d or. state.fl, u s (~ RECYCLED PAPER
FM No: 229011/1/38/01
F.A. No.: N/A
Fund Code: DS
Contract No:
Vendor No: VF 596-000-282-005
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF BOYNTON BEACH
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into thi ay of , '-"~"-~,~ x , 1999, by and between the
State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the
City of Boynton Beach, located at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT and the CITY are desirous of having the CITY make certain
improvements in connection with State FM Number: 229011/1/38/01 at SE 6th Street, between
Ocean Avenue and SE 1st Avenue, within the original Project limits; and,
WHEREAS, the DEPARTMENT is prepared to contribute funds towards the improvements
consisting of: Design modifications to accommodate roadway pavement upgrade, minor
drainage improvements, partial'sidewalks, and curb and gutter. These improvements are in Palm
Beach County and are hereinafter referred to as the PROJECT; and,
1 of 9
WHEREAS, the completion of these improvements are in the interest of both the
DEPARTMENT and the CITY and it would be more practical, expeditious, and economical for
the CITY to perform such activities; and,
WHEREAS, the resolution c:~c:'N-c~C3 , a copy of which is attached hereto and made a
part hereof, authorizes the CITY to enter into this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the PROJECT, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The CITY shall provide all services necessary for completion of the PROJECT.
3. The CITY shall obtain any permits necessary to complete the PROJECT.
The CITY shall make available to the DEPARTMENT upon request any existing
schedules relevant to the CITY's activities. The CITY will be responsible for verifying
the accuracy of any PROJECT related plans prepared on the CITY's behalf, and shall
revise them as necessary to reflect site conditions upon completion of the PROJECT. All
PROJECT plans that have been modified shall be provided to the Department upon
completion of the PROJECT.
2 of 9
o
The DEPARTMENT agrees to reimburse the CITY for direct project related costs not to
exceed Fifteen Thousand Dollars ($15,000.00). The DEPARTMENT shall, upon final
PROJECT acceptance, and upon receipt of a properly documented invoice, provide
reimbursement to the CITY an amount not to exceed the DEPARTMENT's maximum
project contribution. Project costs in excess of the DEPARTMENT's Total Project
Contribution shall be the sole responsibility of the CITY.
o
The DEPARTMENT shall have ten (10) working days to approve any invoice submitted
by the CITY. PROJECT costs eligible for DEPARTMENT participation will be allowed
only from the date of final execution of the Agreement. Travel expenses are not
authorized in this Agreement. The CITY shall submit invoices for fees and other
compensation for services or expenses in detail sufficient for a proper pre-audit and post-
audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of
Transportation, at 7900 Forest Hill Boulevard, West Palm Beach, Florida 33413-3342.
Attention: Clara Scott, Project Manager.
4
This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the CITY under any circumstances without the prior written consent of
the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its
successors.
This Agreement shall continue in effect and be binding to both the CITY and the
DEPARTMENT until the PROJECT is completed.
3 of 9
The DEPARTMENT shall make payment payable to the "City of Boynton Beach" and
forward it to Attention: Mr. Peter Mazzella, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida 33435.
10.
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 (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 contacts of the DEPARTMENT which are for an amount in excess of $25,000 and
Which have a term for a period of more than one (1) year.
11.
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 Department upon request. Records of costs incurred
include the CITY's general accounting records and the project records, together with
4 of 9
supporting documents and records of the Contractor and subcontractors performing work
on the project, and all other records of the Contractor and subcontractors considered
necessary by the Department for the proper audit of costs.
12.
The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public
access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119 of the Florida Statutes, made or reviewed by the CITY in conjunction with
this Agreement and shall make provisions in its Agreements with its consultants and sub-
consultants to terminate for failure to comply with this provision.
13.
The CITY wan'ants that it has not employed or obtained any company or person, other
than bona fide employees of the CITY, to solicit or secure this Agreement, and it has not
paid or agreed to pay any company, corporation, individual or firm, other than a bona fide
employee employed by the CITY. For breach or violation of this provision, the
DEPARTMENT shall have the right to terminate the Agreement without liability.
14.
To the extent allowed by the Laws of Florida, the CITY hereby agrees to indemnify,
defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities,
and suits of any nature arising out of, because of, or due to any negligent' and/or
intentional act or occurrence, omission, or commission of the CITY, its agents, or
employees. It is specifically understood and agreed that this indemnification clause does
not cover or indemnify the DEPARTMENT for its own negligence.
5 of 9
15.
This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
16.
Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement
of vendor rights in this Agreement. The CITY is hereby advised of the following time
frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and
services provided by the CITY. The DEPARTMENT has twenty (20) days to deliver a
request for payment to the Department of Banking and Finance. The twenty days are
measured from the latter of the date the invoice is received or the goods and services are
received, inspected and approved by the DEPARTMENT.
If payment is not available within forty (40) days, a separate interest penalty at a rate as'
established pursuant to Section 215.422(b), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the CITY. Interest payments of less than one (1) dollar
will not be enforced unless the City requests payment. Invoices which have to be
returned to the CITY because of invoice preparations errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed
invoice is provided the DEPARTMENT.
A Vendor Ombudsman'has been established with the Department of Banking and
Finance. the duties of this individual include acting as an advocate of the CITY in the
event that the CITY may be experiencing problems in obtaining timely payments from the
DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 488-2924 or by
6 of 9
calling the State Comptroller's Hotline (1-800-848-3792).
17.
18.
19.
This document incorporates and includes all prior negotiations, correspondence,
conversations, Agreements, or understanding applicable to the matters contained herein,
and the parties agree that there are no commitments, Agreements or understanding
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation form the terms hereof shall be predicated upon
any prior representation or Agreements whether oral or written. It is further agreed that
no modification, amendment, or alteration in the terms and conditions contained herein
shall be effective unless contained in a written document executed wit the same formality
and of equal dignity herewith.
The Department agrees to pay the CITY for the services herein described at a
compensation as detailed in this Agreement. 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.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
7 of 9
and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 6 months
from the date of being placed on the convicted vendor list.
20.
Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified
mail, return receipt requested. All notices delivered shall be sent to the following
addresses:
If to the DEPARTMENT:
District Four
Florida Department of Transportation
3400 West Cormnercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attn: Teresa Martin, Contractual Services Coordinator
With a copy to: District General Counsel
A second copy to: Clara Scott, Project Manager
West Palm Beach Operations Center
7900 Forest Hill Boulevard
West Palm Beach, Florida 33413-3342
If to the CITY:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attn: Peter Mazzella, Assistant Utilities Director
with a copy to: City Attorney
21.
Pursuant to section 287.0582, the DEPARTMENT's obligation to pay under this section
is contingent upon an annual appropriation by the Florida Legislature.
8 of 9
IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be
executed in its behalf this ~ day of ,.-ia i~ ,1999, by the City Commission,
and the DEPARTMENT has executed this Joint Participation Agreement,through its,District _
Secretary for District Four, Florida Department of Transportation, this ~_-~-~-'~ day of ~X~,o .%h..~%-~
,1999. The effective date of this AGREEMENT shall be the date the last party to this
Agreement has signed.
CITY OF BOYNTON BEACH
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
/ MAybl~' -- (~
BY:
DISTRICT SECRETARY
ATTEST:
APPROVED:
BY:
APPROVED:.
DIRECt'OR. OF ADI~INI T~TION
Date of Execution:
APPROVED: (AS TO FORM)
9 of 9