1995-08
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state Project No.:
11000-1601
11000-3601
5122578
N/A
Lake
WPI No.:
state Road:
County:
Joint Participation Aqreement
This Agreement by and between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION (the "Department"), and the City of Clermont and
the City of Minneola (hereinafter collectively referred to as the
"Local Government");
WITNESSETH:
WHEREAS, pursuant to the Intermodal Surface Transportation
Efficiency Act of 1991, there is Federal funding available for
certain projects in the State of Florida; and.
WHEREAS, the Department has programmed such Federal funding in
its Work Program for the project described in Exhibit A attached
hereto and by this reference made a part hereof
(hereinafter
referred to as the "project"); and
WHEREAS, the Local Government has not been certified as being
qualified to directly undertake said Project and has therefore
requested that said Project be undertaken by the Department, with
a matching funds contribution from the Local Government;
WHEREAS,
the Local Government will be responsible for the
maintenance of the Project once constructed;
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NOW,
THEREFORE,
for and in consideration of the premises
hereof and other mutual benefits to accrue to each of the parties
hereto, it is mutually agreed as follows:
1.
The Department shall commence and complete the Project as
described in Exhibit A attached hereto and by this reference made
a part hereof in accordance with the provisions of this Agreement
and in accordance with all applicable documents which form a part
of the Project; provided, however, that it is understood and agreed
that this Agreement is being executed under the assumption that no
right of way acquisition at the expense of the Department will be
necessary, and if such acquisition should be necessary, the parties
will enter into a modification of this Agreement which will provide
for a contribution by the Local Government for right of way.
2.
The Department shall take all steps necessary to obtain
Federal funds for the Project.
3.
Payment for the costs of the project shall be made in
accordance
with
Exhibit
A.
The
contribution
of
the
Local
Government shall be, at a minimum, the stated percentage of the
actual costs of the Project; provided, however, that in the event
the Federal Government fails to contribute an amount which is equal
to the Federal Government's percentage contribution as shown on
Exhibit A, the Local Government shall be responsible for 1/2 of the
funds required to match the non-federal share,
including costs
overruns or supplemental agreements.
The Department shall be
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responsible for the remaining 1/2 of the cost overruns or for
supplemental
agreements
not
paid
by
federal
funds.
The
contribution of the Local Government as shown in Exhibit A shall be
made as follows:
(a)
The Local Government agrees that, at least thirty
(30) days prior to the Department's advertisement for competitive
bids, or at least fourteen (14) days prior to the execution of a
consultant contract for phases not requiring the bid process, it
will furnish the Department an advance deposit in the amount shown
as the Local Government's contribution in Exhibit A.
The Loca 1
Government recognizes the amounts shown in Exhibit A are estimates
of the total cost of the Project and of the Local Government's
contribution; and, the actual amount that shall eventually be paid
by the Local Government will be based on the total actual costs of
the Project.
(b)
In
the
event
the
Local
Government's
required
percentage of the actual costs for the Project exceeds the amount
deposited as determined in accordance with subparagraph (a), within
twenty (20) days of receiving such notice from the Department, the
Local Government shall make an additional deposit in the amount of
the difference.
The Department shall notify the Local Government
as soon as it becomes apparent that the actual costs will exceed
the deposit; however, failure of the Department to so notify the
Local Government shall not relieve the Local Government from its
obligation to pay for its full contribution on final accounting as
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provided below.
(c)
The Department may use the funds deposited for
. payment of the co~ts of the Project; however, the Department shall
not be obligated to separately track the use of the deposit apart
from the remainder of the funds available for the Project during
the course of the proj ect;
and the Department's obligation to
account for the Local Government's final contribution as compared
to the deposit shall be limited to final reconciliation upon final
accounting as stated below.
(d)
Payment of the funds as required above will be made
directly
to
the
Department
for
deposit
into
the
state
Transportation Trust Fund.
(e)
If
the
project
is
terminated,
canceled,
or
indefinitely suspended the Department shall refund any money paid
by the Local Government to the Department within ninety (90) days
after a request from the Local Government for such refund, less any
amount of the money actually committed for work performed prior to
the date of termination, cancellation, or indefinite suspension.
The
Project
shall
not
be
deemed
terminated,
canceled,
or
indefinitely suspended merely because of a delay in commencing or
pursuing
the
work
without
an
actual
written
declaration
of
termination,
cancellation,
or
indefinite
suspension
from
the
Department stating that it is intended as such.
(f)
Upon final payment to the contractor for the entire
Project,
the Department shall, within one hundred eighty
( 180)
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days, furnish the Local Government with two (2) copies of its final
accounting of all costs incurred in connection with the Project.
All cost records and accounts shall be subject to audit by a
representative of the Local Government wi thin three (3) years after
final billing by the Department to the Local Government.
In the
event that the Local Government's share of the final cost as
identified in Exhibit A is less than the total of all deposits
previously made, the Department will refund the balance to the
Local Government within forty (40) days of the final billing.
If
Local Government's share of the final costs exceeds the deposits,
the Local Government will be invoiced for the balance.
Upon
receipt of the final invoice, the Local Government agrees to pay
the Department the remainder owed within forty (40) days.
The
parties shall pay an additional charge of 1% per month on any
invoice not paid or refund not paid within the periods specified
above until the invoice or refund is paid.
In the event it becomes
necessary for either party to institute suit for the enforcement of
the provisions of this Agreement, the prevailing Party shall be
entitled to payment of its reasonable attorney's fees and court
costs by the other party.
4.
To the extent that the Project involves the acquisition
of any property or the actual construction of any improvements, the
Local Government and the Department intend that upon completion of
the Project, the Local Government shall be responsible for and
shall provide all necessary maintenance.
said maintenance shall be
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performed at the sole cost and expense of the Local Government.
This JPA shall obligate the Local Government to perform said
maintenance.
5.
(a)
Section 339.135{6) (a), Florida Statutes (1993), is
incorporated herein verbatim, to-wit:
"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 (l) 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.";
(b)
The parties agree that in the event funds are not
appropriated to the Department for the Project, this Agreement may
be terminated, which shall be effective upon either party giving
notice to the other to that effect.
6.
The
Department
agrees
to
keep
complete
records
and
accounts in order to record complete and correct entries as to all
costs, expenditures and other items incidental to the cost of the
Project.
7.
This Agreement shall take effect upon being executed by
the parties and shall be terminated upon the earlier of the mutual
consent of the parties or two hundred forty
(240)
days after
completion of the Proj ect;
provided,
however,
tha t the Loca I
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Government's obligations to perform maintenance shall survive any
termination of this Agreement that occurs subsequent to performing
any part of the Project for which. maintenance would be required.
IN WITNESS WHEREOF,
the parties hereto have caused these
presents to be executed by their duly authorized officers and their
official seals hereto affixed, this
199~
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Name: Robert A. Poo 1
, - -,,~:' _:,---=-~~ T~~le: Mayor
--
Attest: :
<Q;~;~ LU~
Title-:"Dèputy City Clerk
Th~ c~~:~
By. U1-'?t¿
Name: SrrffJl-6v ~R.r¿,I£#
Title: IYlAY"t(.
(S€G- lE-rr~ Ih-r t:k:H ~
Attest:
~~h' f""-, .It-J
Tltle: C ~,_..
ITV ~
;2.-/
day of fé hw yyo/ '
State of Florida
Department of Transportation
By: N~fo~~ r-
District Secretary
District Five
Attest:
Executive Secretary (Seal)
legality
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EXHIBIT A
state Project No.:
11000-1601
11000-3601
5122578
N/A
Lake
WPI No.:
state Road No.:
County:
Project Description
The proj ect which is the subj ect matter of this Agreement
includes all documents ordinarily and/or necessarily associated
with a project of its nature (for example, design plans,
construction plans, design criteria, specifications, etc.), which
documents, whether specifically named in this Agreement or not, are
by this reference made a part of this Agreement as though fully set
forth herein. The Project which is the subject matter of this
Agreement is described as follows:
1.
Construction of a Bicycle/Pedestrian Trail in Minneola and
Clermont utilizing abandoned CSX Railroad Right of Way, from the
south side of the Lake Hiawatha - Lake Minneola canal bridge on
C561A in the City of Clermont to the east city limits of Minneola,
approximately one hundred fifty (150) feet east of Forest Wood
Drive.
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2.
Project Funding
The amounts shown below are the current estimated costs of the
project. Final Project costs may vary. Final contribution amounts
will be based on actual final Project costs. In the event that
final Federal participation is less than the percentage sh9wn
below, the shortfall shall be borne by the Local Government and the
Department as described in Section 3 of this Agreement. Current
estimated Project costs and contributions are as follows:
Estimated
Entity Phase ì Amount FY
Federal Design Phase 80 $320,000.00 94/95
Government 20, 23
Department 10 40,000.00 94/95
City of 5.6 22,400.00 94/95
Clermont
City of 4.4 17,600.00 94/95
Minneola
Total 100 $400,000.00
Date of
Payment*
1/95
1/95
Estimated Date of
Entity Phase ì Amount FY payment*
Federal Construction 80 $844,940.00 96/97
Phase 40, 46
Government
Department 10 105,616.00 96/97
City of 5.6 59,145.00 96/97 12/96
Clermont
City of 4.4 46,471.00 96/97 12/96
Minneola
Total 100 $1,056,172.00
*Date Subject to Change
The percentage distribution between the Cities of Clermont and
Minneola is subject to modification under the following conditions:
That the new percentage be mutually agreed upon by both
cities; and
In no event shall the contribution of the cities be less
than the total local contribution shown above.
D.llUac 06,aS122.S78 IDI
1.
2.
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CITY OF MINNEOLA
POST OFFICE BOX 678
MINNEOLA, FLORIDA 34755
OFC: (904) 394 3598
FAC: (904) 394 0051
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FLO KJDA
GOI.T.1lI'OII
OF 8'KANSPOKTATION
LA WT'O/'O ell flL. 'i
8t~c. wI\m
srClU,TAAY
September 21, 1994
I
,or¡
('\
/~~^
5151 Adanson street
Orlando, FL 32804
Telephone - (407) 623-1085
RECEiVED DEC 2 7 19Sti
.'
The Honorable .Stephen Parrish, Mayor
City of Minneola
P.O. Box 678 -'
Minneola, FL 34755
SUBJECT:
Enhancement Joint Participation Agreement
for the ClermontjMinneola Trail
Work Program Item No. 5122578
Dear Mayor Parrish:
Enclosed for.. your signature are four (4) copies of the Joint
Participation Agreement (JPA) for the ClermontjMinneola Trail. The form
of the JPA is the standard form which is being used for all Enhancement
projects in FDOT District Five, with the exception of section 1 relating
to right-of-way. The percentage distribution of the local share between
the cities of "Clermont and Minneola is based upon the calculation of
"lane milestf 'of the project within each city. Exhibit A2, Project
Funding, contains' a provision for the mutual modification of this
distribution. .
Please sign all four copies of the JPA and transmit them to the City of
Clermont for its execution. The city of Clermont then needs to return
all signed copies to me for signature by the District Secretary. An
original, signed copy will be returned to each city.
Thank.you for your cooperation. We are looking forward to working with
both cities on this worthwhile project.
Please call me at (407)
questions or cpncerns.
.
623-1085,
extension
121
if you have any
sincerely,
~~ft:?ì
MPO Liaison
MSjrjs
MS.05.Parrish.ltr
Enclosure
cc: Mr. Wayne Saunders,~ City Manager
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