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HomeMy WebLinkAboutExhibit 1Contract Number: CSFA/CFDA Number: 55.023 JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI THIS AGREEMENT is made and entered into this day of 20 , between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and the City of Miami, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the `CITY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.) 5/US-1 corridor in the CITY; and WHEREAS, the CITY has drafted design plans for the construction of drainage improvements on S.R. 5/US-1 from SW 19th Avenue to SW 17th Avenue, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit "A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 430479-1-58-01, and has agreed to reimburse the CITY for eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B", `Financial Summary', which is herein incorporated by reference; and WHEREAS, the CITY has agreed to supervise . and inspect all aspects of PROJECT construction and administration; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Page 1 of 15 Joint Participation Agreement between the Florida Department ofTransportation and the City of Miami Financial Project Number g 430479-1-58-01 q36g -rti(5f; 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. The CITY shall be responsible for assuring that the PROJECT complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. b. The CITY shall submit this Agreement to its CITY Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C", 'City of Miami Resolution', and is herein incorporated by reference. c. The CITY shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: i. all persons employed by the CITY during the term of this Agreement to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the CITY to perform work pursuant to this Agreement with the DEPARTMENT. d. The CITY shall obtain all necessary permits from the DEPARTMENT, and other concerned agencies, as needed, prior to commencing PROJECT construction on DEPARTMENT right-of-way. e. The CITY shall administer, supervise and inspect all aspects of PROJECT construction until completion, and, as further defined in Exhibit "A", `Scope of Services'. The CITY shall complete the PROJECT on or before June 30, 2012. All aspects of PROJECT construction and administration are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances: — f. The CITY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including consulting or construction contracts or amendments thereto, with any third party with respect to the PROJECT without the prior written approval of the DEPARTMENT. The DEPARTMENT specifically reserves the right to review qualifications of any consultant or contractor and to approve of disapprove CITY employment of same. g. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without prior Page 2 of 15 Join! Participation Agreement be ween the Florida Department of Transportation and the City of Miami Financial Project Number # 430479-1-58-01 written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. h. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as defined in Exhibit `B", `Financial Summary', and in accordance with the financial provisions in Section 3 of this Agreement. The CITY shall comply with all federal, state, and local laws and ordinances applicable with work or payment of work thereof, and will not discriminate on the grounds of race, color, religion, sex, national, origin, age or disability in the perfoiniance of work under this Agreement. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed EIGHTY THREE THOUSAND FIVE HUNDRED THIRTY SEVEN DOLLARS ($83,537.00), as outlined in Exhibit "B", `Financial Summary'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the CITY for the herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. d. The CITY shall provide the following 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. Said deliverables consists of: i. Roadway Restoration ii Non -Standard Barrier Wall Inlets iii. Pipe Culverts iv. Maintenance of Traffic (MOT) e. Invoices shall be submitted by the CITY in detail sufficient for a proper pre - audit and post audit thereof, based on quantifiable, measureable and verifiable ___units of deliverables as established in Section d above and Exhibit `B". Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. Page 3 of 15 Joint Participation Agreement between the Florida Department of Transportation and the Ciry of Miami Financial Project Number 4 430479-1-58-01 f. Travel costs will not be reimbursed. g. CITY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) 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. h. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices that have to be returned to the CITY because of CITY 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 Deparpent of Financial Services. The duties of this individual include acting as an advocate for the CITY who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at 850-413-5516. j• 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 (5) 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 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. k. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., 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 Page 4 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number it 430479-I -58-0J entering into any such contract or other binding commitment of funds. Nothing 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year." 1. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 5. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. 6. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, theremainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 7. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand -delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive_ such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202A Miami, Florida 33172-5800 Attn: Michelle Meaux, JPA Coordinator Ph: 305-470-5112; Fax: 305-470-5704 To CITY: City of Miami Riverside Center 444 S.W. 2nd Avenue - 8th Floor Miami, Florida 33130 Attn: Alice N. Bravo, P.E., Director Page 5 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 430479-1-58-01 City of Miami -Capital Improvements Program Ph: 305-416-1225; Fax: 305-416-2153 b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. 8. EXPIRATION OF AGREEMENT The CITY agrees to complete the PROJECT on or before June 30, 2012. If the CITY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered termination of the PROJECT. 9. INVOICING The CITY will invoice the DEPARTMENT on a monthly basis for completed work. All costs charged to the PROJECT, including any approved services contributed by the CITY or others, shall be supported by properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. The CITY must submit the final invoice on this PROJECT to the DEPARTMENT within 120 days after the expiration of this Agreement. Invoices submitted after October 28, 2012, will not be paid. 10. AUDITS State of Florida Single Audit Act requirements as outlined in the attached Exhibit "D", `Audit Reports', are incorporated herein by reference. 11. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Agreement between the parties hereto and--it-may--be-modified-or-amended only by mutual -consent -of -the --parties -- in writing. -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -- Page 6 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 430479-1-58-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL Page 7 of 15 Joint Participation Agreement between the Florida Department of Transportation and the Ciry, of Mianti Financial Project Number 11430479-1-58-01 EXHIBIT "A" SCOPE OF SERVICES The PROJECT shall consist of drainage improvements along S.R. 5/US-1, from SW 19th Avenue to SW 17th Avenue. The PROJECT shall include the replacement of four (4) existing curb inlets with new barrier wall inlets, installation of five (5) additional barrier wall inlets, and the replacement of the existing 15" pipes, connecting the existing system trunk line, with 18" pipes. The drainage improvements to be completed by the CITY will alleviate existing flooding conditions on S.R. 5/US-1 and meet the DEPARTMENT's spread criteria. PROJECT Limits: S.R. 5/US-1 from SW 19th Avenue to SW 17th Avenue FDOT Financial Project Number: 430479-1-58-01 County: Miami -Dade FDOT Project Manager: Ricardo Salazar, P.E., District Drainage Engineer 305-470-5264 CITY Project Manager: Elia Nunez, P.E., Senior Project Manager 305-416-1213 PLANS AND SPECIFICATIONS The CITY agrees to construct the PROJECT in accordance with the signed and sealed plans and specifications, attached hereto and incorporated herein by reference. Plans prepared by: The CITY Plans approved by: The DEPARTMENT Dated: April 2011 Date: April 201 Page 8 of 15 Joint Participation Agreement between the Florida Department of Transportation and the Cite of Miami Financial Project Number # 430479-1-58-01 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs and deliverables for reimbursement are below -listed: Financial Project Number 430479-1-58-01 PROJECT Construction: Item Description Unit Item Price Quantity Cost Non -Standard Barrier Wall Inlet-J-Bot EA $4,200.00 9 $37,800.00 Roadway Restoration SY $34.00 540 $18,360.00 Pipe Culv, Opt Matl, Round, 18" S/CD LF $48.76 338 $16,481.00 Subtotal: $72,641.00 MOT (15% of subtotal): $10,896.00 TOTAL: $83,537.00 Total PROJECT Cost Estimate: $83,537.00 Page9of15 Joint Participation Agreement between the Florida Department of Transportation and the City ofMiami Financial Project Number ll 430479-1-58-01 EXHIBIT "C" CITY OF MIAMI RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 10 of 15 Joint Participation Agreement benveen the Florida Department of Transportation and the Cin, of Miami Financial Project Number # 430479-1-58-01 EXHIBIT "D" AUDIT REPORTS The administration of resources awarded by the Department to CITY be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fssa.state.fl.us . 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 regarding such audit. CITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART 1: 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. EXHIBIT 1 to 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 toauditee 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. In the event that the recipient expends less than S500,000 in Federal awards in its fiscal year and 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. Page 11 of 15 Joint Participation Agreement between the Florida Department of Transportation and the Cim of Miami Financial Project Number 4 430479-1-58-01 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 of such recipient, 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 Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department bythis 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 Depat tment, 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. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and 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 asummary 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 Comptroller, 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: Page 12 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number ii 430479-1-58-01 A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 1.11 m Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) 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 10's Street Jeffersonville, IN 47132 B. 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 1 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 each of the following: Florida Department of Transportation 1000 Northwest 111th Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 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 each of the following addresses: Florida Department of Transportation 1000 Northwest 1116 Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 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 each of the following addresses: Florida Department of Transportation 1000 Northwest 111 th Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee; Florida 32399-1450 Page 13 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 430479-1-58-01 4. Copies of reports or the management letter required by PART II1 of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 1 11`h Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 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, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state 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. Page 14 of 15 • Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 430479-1-58-01 EXHIBIT - 1 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Florida Department of Transportation Compliance Requirements 55.023, State Highway Project Reimbursement $83,537.00 1. 55.023, State Highway Project Reimbursement (Attached) 2. Agreement Specifications NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 15 of 15 Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number h 430479-1-58-01