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HomeMy WebLinkAboutR-2009-101 FDOT JPA Drainage Improvements US 1 RESOLUTION NO. 2009-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR DRAINAGE IMPROVEMENTS ALONG STATE ROAD-5/US-1 FROM SHERIDAN STREET TO DANIA BEACH BOULEVARD WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials of the City of Dania Beach are authorized to execute a Joint Participation Agreement on behalf of the City of Dania Beach with the State of Florida Department of Transportation for drainage improvements along State Road-5/US-1 from Sheridan Street to Dania Beach Boulevard within the City limits, a copy of which Agreement in substantial form as Exhibit "A", is attached. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 26, 2009. p AT EST; apIs FIRS � _ T C (,(_t6—t) 0 ` 0'w"' �U LOUISE STILSON, CMC 1 ti ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER a� APPROVED T ORM AND CO TNESS: 61 THO AS . ANSBRO CITY ATTORNEY Contract No.: FM No: 407406-1-54-01 FEID No: VF-596-000-302 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS Joint Participation Agreement (hereinafter referred to as "AGREEMENT"), entered into this day of , 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the CITY OF DANIA BEACH, located at 100 W.DANIA BEACH BLVD.,DANIA BEACH,FLORIDA 33004,hereinafter referred to as the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Management (FM) Number 407406-1-54-01 for Drainage Improvements along SR-5/US-1 from Sheridan Street to Dania Beach Boulevard in Broward County,Florida. Refer to Exhibit"A"of this Agreement for a detailed Scope of Services attached hereto and made a part hereof, and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the "PROJECT"; and, WHEREAS,the improvements are in the interest ofboth the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on , 200 a copy of which is attached hereto and made apart hereof, authorizes the proper officials 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 PARTICIPANT shall be responsible for assuring that the PROJECT complies with all applicable Federal, State and Local laws, rules,regulations, guidelines and standards. This PROJECT benefits the DEPARTMENT by helping attenuate the storm-water runoff and is expected to reduce the elevation and duration of flooding within the traversed community from US-1 to West Lake. Page 1 The PARTICIPANT shall be responsible for advertising for bids, evaluating bids, and awarding a contract for construction of the PROJECT. The PARTICIPANT shall also be responsible for providing construction engineering services including administration and technical coordination required for the PROJECT. The PARTICIPANT shall be responsible to clear all utilities within the limits of the PROJECT. 3. The DEPARTMENT agrees to make all previous studies,maps, drawings, surveys and other data and information pertaining to the PROJECT available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The PARTICIPANT will make best efforts to obtain the DEPARTMENT'S input in its decisions. 5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in Exhibit "A"of this Agreement. The DEPARTMENT will pay the PARTICIPANT an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for actual costs incurred as detailed in progress reports. If the actual cost of the PROJECT exceeds the DEPARTMENT'S participation of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), any cost overruns or cost increases shall be the sole responsibility of the PARTICIPANT. The PARTICIPANT will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit"B"and Exhibit"C",respectively which are attached hereto and made part of this Agreement. 6. The PARTICIPANT must apply and be granted a permit, from the DEPARTMENT,before the PARTICIPANT can proceed with the construction of the drainage improvements. 7. The PARTICIPANT must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the PROJECT. Invoices submitted after the 180-day time period will not be paid. 8. The PARTICIPANT acknowledges and agrees that the DEPARTMENT'S obligation to pay the sum set forth herein is contingent upon an annual appropriation by the Florida Legislature. In the event the PROJECT costs, PROJECT modifications, or changes to bid items occur that increase or exceed the amount authorized in paragraph 7, the DEPARTMENT and the PARTICIPANT shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to complete the PROJECT. Any funding increase or modifications to the PROJECT shall be added by means of an amendment to the original Agreement to be Page 2 signed by both parties before work is undertaken. However,in the event the PARTICIPANT and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever,then the increase in the PROJECT costs will be the sole responsibility of the PARTICIPANT. 9. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this AGREEMENT,each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County. 10. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However,this AGREEMENT shall run to the DEPARTMENT and its successors. 11. Except as otherwise set forth herein,this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or December 31,2011,whichever occurs first. 12. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 13. If this AGREEMENT involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The DEPARTMENT will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed,or work completed unsatisfactorily,or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 14. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 15. PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has ten (10) working days to inspect and approve the goods and services. 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. Page 3 16. If a payment is not available within forty (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. 17. 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 Department of Financial Services Hotline, 1-877-693-5236. 18. 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 five 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 PARTICIPANT'S general accounting records and the project records,together with supporting documents and 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. 19. 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) and which have a term for a period of more than one year." 20. The PARTICIPANT will comply with all federal, state, and local laws and ordinances applicable to work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this AGREEMENT. Page 4 21. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, 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 PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 22. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants,contractors, and/or sub-contractors,such party in any contract for this PROJECT shall agree 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 intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 23. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 24. 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 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 with the same formality and of equal dignity herewith. 25. 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: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy,Jr. With a copy to: Ellen Daniel A second copy to: District General Counsel Page 5 If to the PARTICIPANT: City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 Attention: Dominic Orlando, Director of Public Services With a copy to: Attorney IN WITNESS WHEREOF,this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. &00 9- /U l hereto attached. STATE OF FLORIDA CITY OF DANIA BEACH DEPARTMENT OF TRANSPORTATION BY: : BY: NA E: RO ERT BALDWIN ROSIELYN QUIROZ TITLE: CTTY. MANAcPR DIRECTOR OF TRANSPORTATION SUPPORT ATTEST: APPROVED: (AS TO FORM) Anu't'( BY: CITY CLERK �PPo'S F DISTRICT GENERAL COUNSEL APPROVED: y APPROVED: BY: BY: CIT T E PROFESSIONAL SERVICES ADMINISTRATOR Page 6 EXHIBIT "A" SCOPE OF SERVICES STORMWATER SYSTEM: SR-51US-1 Stormwater System, from Sheridan Street to Dania Beach Boulevard The proposed drainage improvements will include duplex pump stations, force mains, new and larger stormwater collection systems, better and improved discharge outfall systems and exfiltration trenches to improve water quality. This proposed improvement of the existing drainage systems will also accommodate stormwater from the DEPARTMENT'S right of way. The Project will help attenuate the stormwater runoff and is expected to reduce the elevation and duration of flooding within the traversed community from US-1 to West Lake. Page 7 EXHIBIT "B" FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to CITY OF DANIA BEACH may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY OF DANIA BEACH regarding such audit. CITY OF DANIA BEACH further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer(CFO) or Auditor General. AUDITS PART L• FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised)are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. This agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are, to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. This agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville,IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A- 133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W.Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. EXHIBIT "C" SINGLE AUDIT COMPLIANCE REQUIREMENTS FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES State Agency Catalog of State Financial Assistance (Number& Title) Amount DOT 55.023 State Highway Project Reimbursement $250,000.00 (Department of Transportation) Activities Allowed: Project costs must be incurred subsequent to agreement execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision). Allowable Costs: Identified in the contract document up to a lump sum or maximum limiting amount. Eligibility: Project must be on the State Highway System. Period of State Fiscal Year: July 1 to June 30. The contract must be executed Availability: during the fiscal year for which state funds are programmed. Once committed, the funds certify forward across fiscal years for the life of the contract. Reporting: Project costs are reviewed and approved upon receipt of an invoice from the county of municipality. Subrecipient The county or municipality is responsible for monitoring the work of Monitoring: subrecipients. Subrecipient invoices are reviewed, verified and paid by the county of municipality. County or municipality invoices are then reviewed and approved for payment by FDOT. Subrecipients do not invoice FDOT directly.