Resolution 11-1274City of Longwood, Florida
RESOLUTION NO. 11-1274
The following Resolution was adopted at the regular.meeting
of the City of Longwood City Commission on the day of
2011.
WHEREAS, the State of Florida Department of Transportation is undertaking the
development and implementation of the Central Florida Commuter Rail Transit System (the
"Commuter Rail System", a.k.a. "SunRail") running from Deland in the County of Volusia
through Seminole County and Orange County (including the City of Orlando) to Poinciana in
Osceola County.
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the project described as: "Phase I Commuter Rail Station Finishes
located on the east side of County Road 427 (South Ronald Reagan Boulevard), north of the
intersection of State Road 434 and Central Florida Rail Corridor (formerly the CSXT A -line)",
said project being known as Financial Management (FM) Number 412994-3-52-05, hereinafter
referred to as the "Project".
WHEREAS, the Federal Government has earmarked funding to be used on the Project
and the City of Longwood shall provide the funds for enhancements to the base station model
provided by the State of Florida Department of Transportation and said improvements shall
hereinafter be referred to as the "Enhancements".
WHEREAS, in order to maintain uniformity throughout the Project and to provide for the
Enhancements in a cost effective manner, the City of Longwood desires to have said
Enhancements made a part of the Project and to provide funding to the State of Florida
Department of Transportation to be used for the Enhancements.
WHEREAS, the State of Florida Department of Transportation has requested the City of
Longwood to execute and deliver to the State of Florida Department of Transportation a Locally
Funded Agreement for the aforementioned project (FDOT Financial Management Number
412994-3-52-05).
NOW, THEREFORE, BE IT RESOLVED by the City of Longwood City Commission
that the ��, ar is hereby authorized to make, execute, and deliver to the State of Florida
Department of' Transportation a Locally Funded Agreement for the aforementioned project
(FDOT Financial Management Number: 412994-3-52-05).
�/ s
Passed and adopted this day of I , A. , 2011.
Resolution No. 11-1274
Page 1
City of Longwood, Florida
ATTEST:
Sarah M. Mirus, lVMC, NMA, City Clerk
Approved as to form and legality for the use and reliance oManiel
f Longwoo Florida, only.
gley sty orney
Resolution No. 11-1274
Page 2
FM# 412994-3-52-05
Page 1 of 8
Original Draft: 12/07/2010
Revised: 02/14/2011
Agency: City of Longwood
Fund: LF
Financial Management No.:
Vendor No: F591008196
Contract Amount: $66,753
412994-3-52-05
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE, CITY OF LONGWOOD
This AGREEMENT, made and entered into this day of
2011, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the "DEPARTMENT") and the CITY OF LONGWOOD, a Florida
Municipal corporation (hereinafter referred to as the "LOCAL GOVERNMENT"),
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the LOCAL GOVERNMENT, by Resolution, a copy of which is attached
hereto as Exhibit "B", and made apart hereof, has authorized its officers to execute this
Agreement on its behalf; and
WHEREAS, the DEPARTMENT is undertaking the development and implementation of
the Central Florida .Commuter Rail Transit System (the "Commuter Rail System.", a.k.a.
" SunRail") running from Deland in the County of Volusia through Seminole County and
Orange County (including the City of Orlando) to Poinciana in Osceola County; and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the project described as: "Phase I Commuter Rail Station Finishes
located on the east side of County Road 427 (South Ronald Reagan Boulevard), north of the
intersection of State Road 434 and Central Florida Rail Corridor (formerly the CSXT A -line)",
said project being known as Financial Management (FM) Number 412994-3-52-05, hereinafter
referred to as the "Project";, and
WHEREAS, the Project is contained in the Adopted Work Program; and
WHEREAS, the Federal Government has earmarked funding to be used on the Project.
FM# 412994-3-52-05 Original Draft: 12/07/2010
Page 2 of 9 Revised: 02/14/2011
WHEREAS, the LOCAL GOVERNMENT shall provide the funds for enhancements to
the base station model provided by the DEPARTMENT and said improvements shall hereinafter
be referred to as the "Enhancements"; and
WHEREAS, in order to maintain uniformity throughout the Project and to provide for the
Enhancements in a cost effective manner, the LOCAL GOVERNMENT desires to have said
Enhancements made a part of the Project and to provide funding to the DEPARTMENT to be
used for the Enhancements as described in "Exhibit A",
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. The terms of this Agreement shall begin upon the date of signature of the last
party to sign and shall remain in full force and effect through completion of all services required
of the LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage,
amend or terminate the Project in whole or in part if the DEPARTMENT deterrnines that such
action is in the best interests of the public.
2. The DEPARTMENT shall cause the Enhancements described in Exhibit "A" to
be incorporated into the DEPARTMENT'S construction plans and to be constructed as a part of
said Project.
3. The DEPARTMENT shall perform necessary preliminary engineering, prepare
any and all design plans, acquire all necessary right-of-way, perform the construction, provide all
necessary engineering supervision, and otherwise perform all other necessary work, all as may
be applicable for the Project as previously defined. The Project as previously defined may
include some or all of the foregoing activities. Nothing herein shall be construed as requiring the
DEPARTMENT to perform any activity which is outside the scope of the Project as previously
defined. Except as specifically stated otherwise in this Agreement, all such activities shall be
performed .by such entities, at such times, in such manner, under such conditions, and pursuant to
such standards as the DEPARTMENT, in its sole discretion, deems appropriate. The LOCAL
GOVERNMENT shall not have any jurisdiction or control over the DEPARTMENT'S activities,
except as specifically stated in this Agreement. The LOCAL GOVERNMENT shall be entitled
to be advised of the progress of the Project at reasonable intervals upon request.
4. The LOCAL GOVERNMENT understands and agrees that upon completion of
the Project, the Enhancements shall be owned by the DEPARTMENT for the benefit of the
Commuter Rail System during the FDOT Funding Period, a seven-year period commencing on
PM# 412994-3-52-05
Page 3 of 9
Original Draft: 12/07/2010
Revised: 02/14/2011
the Revenue Operation Date. Following expiration of the FDOT Funding Period, the
Enhancements will be owned by the Central Florida Commuter Rail Commission as set forth into
that certain Interlocal Funding Agreement for Acquisition and Construction of the Central
Florida Commuter Rail System executed by the Central Florida Commuter Rail Commission and
the DEPARTMENT on August 29, 2007. Maintenance of the Project (including the
Enhancements) is addressed in a separate Joint Use Agreement between the DEPARTMENT and
Seminole County executed on January 1.1, 2011.
5. Contribution by the LOCAL GOVERNMENT of the 'funds for the construction
phase of the Project shall be made as follows:
(A) The DEPARTMENT'S current estimated costs of the Enhancements are
$333,765.00 (Three Hundred Thirty Three Thousand Seven Hundred Sixty Five
Dollars and No/10'0).
(B) The LOCAL GOVERNMENT understands that they are required to match
the Federal Earmark funding by twenty (20) percent. The LOCAL GOVERNMENT
agrees that it will furnish the DEPARTMENT an advance lump sum deposit in the
amount of $66,753.00 (Sixty Six Thousand Seven Hundred Fifty Three Dollars and
No/100) for full payment of the estimated cost of the Enhancements. The advance luinp
sum deposit shall be the total Project cost required of the LOCAL GOVERNMENT to
match the Federal Earmark funding for the Enhancements.
(C) If the actual costs of the Enhancements are less than the funds provided
the excess will be applied elsewhere on the project in accordance with the provisions of
the Federal Earmark.
(D) Both parties further agree that in the event the Enhancements are not
constructed or this Agreement is terminated prior to commencement of construction of
the Project, the funds provided by the LOCAL GOVERNMENT for construction of the
Enhancements will be returned to the LOCAL GOVERNMENT.
(E) The payment of funds under- this Locally Funded Agreement will be made
no later than March 31, 2011 directly to the DEPARTMENT for deposit. Failure to make
said deposit shall result in termination of this agreement.
(F) The DEPARTMENT and the LOCAL GOVERNMENT agree that the
lump sum contribution shall be an asset of the DEPARTMENT and that it constitutes a
FM# 41'2994-3-52-05
Page 4 of 8
Orignial Draft: 12/07/2010
Revised: 02/14/2011
full and final payment for the cost of the work, without any requirement for a subsequent
accounting for the use of the contribution.
(G) The : DEPARTMENT'S performance and obligation to construct the
Project is contingent upon an annual appropriation by the Florida Legislature. The
parties agree that in the event funds are not appropriated to the DEPARTMENT for the
Project, this Agreement may be tenninated, which shall be effective upon the
DEPARTMENT giving written notice to the LOCAL GOVERNMENT to that effect.
(H) Contact Persons:
Florida Department of Transportation
Shirley Matthews Todd Hammerle
JPA Coordinator/MS 4-521 Sun Rail Project Manager/MS 503
719 South Woodland Boulevard 719 South Woodland Boulevard
DeLand, Florida 32720-6834 DeLand, Florida 32720-6834
PH: (386) 943-5452 PH (386) 943-5707
shirley.matthews(a-),dot.state. fl.us todd.hammerle@dot.state.fl.us
City of Longwood
Katrina Powell
City Administrator
175 West Warren Avenue
Longwood, Florida 32750
PH: (407) 260-3445
kuowell@Iongwoodfl.org
6. All tracings, plans, specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT
without restriction or limitation on their use. The LOCAL GOVERNMENT may, however,
inspect those materials upon providing reasonable advance .notice to the DEPARTMENT.
7. In the event this Agreement is in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,0.00.00) or has a tern for a period of more than one (1) year, the provisions of
Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"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
FM# 412994-3-52-05
Page 5 of S
Original Draft: 12/07/2010
Revised: 02/14/2011
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 contracts of the
DEPARTMENT which are for an amount in excess of $25,000.00 and which have
a term fora period of more than lyear."
S. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes,. and made or received by such
party in conjunction with this Agreement.
9. This Agreement constitutes the complete and final expression of the -parties with
respect to the subject matter hereof, and incorporates and includes all proper negotiations,
correspondence, conversations, agreements, or understandings applicable .to the matters
contained herein. 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.
10. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or
any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be
severable and the remainder of this Agreement shall remain in full force and effect, provided that
the invalidated or unenforceable provision is not material to the intended operation of this
Agreement.
11. The LOCAL GOVERNMENT 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.
(A) All persons employed by the LOCAL GOVERNMENT during the term of the
Contract to perform employment duties within Florida; and
(B) All persons, including subcontractors, assigned by the LOCAL
GOVERNMENT to perform work pursuant to the contract with the Department.
FD4# 412994-3-52-05
Page 6 of S
Original Draft: 12/07/2010
Revised:02/14/2011
IN. WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement
�� ;ram.
this �1 day of L r vau , 2011, and the DEPARTMENT has executed
this Agreement this day of
CITY OF LONGWOOD
Title:/�Ia /oy—
Attest:
Legal Review
sty Attorney
2011.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ME
Name: George Lovett
Title: Director of Transportation Development
Attest:
Executive Secretary
Legal Review:
Financial Provision Approval by
Department of Comptroller on:
FM# 412994-3-52-05
Page 7 of 8
SCOPE OF SERVICES
FM#: 412994-3-52-05
The list of enhancements included within the project is as follows:
Original Draft: 12/07/2010
Revised: 02/14/2011
o Alternate canopy, benches, canopy lighting and pavers on station platform
0 Enhanced "Art in Transit" — Tree Sculptures
• Architectural upgrades on platform
• Additional "LONGWOOD" station sign and backlighting
• Alternate stamped, brick -colored concrete in walkways and Kiss'n'Ride areas
FM# 412994-3-52-05
Page 8 of 8
Exhibit "B"
Resolution
Fly#: 412994-3-52-05
Original Draft: 12/07/2010
Revised: 02/14/2011