Date

Permittee: Name Telephone No.

Address

City State Zip Code

1. Location of proposed portion of right of way to be landscaped:

State Road No. County Street Name

Address

Section Sub-Section Milepost

2. Is proposed site to be landscaped within corporate limits of municipality?

Yes No

If yes, name the municipality

Permittee declares that prior to filing this application for permit, he/she has ascertained the location of all existing3.

utilities, both aerial and underground, and the accurate locations are shown on the landscape plans.

A letter of notification was mailed on to the following utilities/municipalities:

4. Landscaped areas will not be permitted on state road limited access facilities except on Florida's Turnpike as allowed in Rule 14-40.003(3)(f), Florida Administrative Code.

5. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. This permit does not relieve the permittee of local or other jurisdictional requirements.

6. The project shall meet the requirements of Rule 14-40.003, Florida Administrative Code. The Permittee shall construct and maintain according to the attached landscape plans, maintenance plans and maintenance of traffic plans.

The Permittee shall be responsible for all maintenance of the landscaped area, as described in this permit, for the duration of time the landscaped area exists on Department right of way. The maintenance shall be performed in accordance with Department procedures under the direction of the Area Maintenance Engineer or designee.

7.

Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and/or efficient operation, alteration or relocation of any portion or all of said highway and/or public transportation facility; any and all landscaping installed by the Permittee shall be immediately removed from said highway or reset or relocated thereon as required by the Department, all at the expense of the Permittee.

8.

All material and equipment shall be subject to inspection by the Maintenance Engineer or his/her authorized representative.

9.

During construction of landscape project, all safety regulations of the Department shall be observed and the holder must take measures, including placing and displaying of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with approved plans as required in Rule 14-40.003(3)(9)7, Florida Administrative Code.

10.

THIS SECTION TO BE COMPLETED BY PERMITTEE

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PERMIT FOR LANDSCAPING ON STATE ROAD RIGHT OF WAY

(TURNPIKE AND NON-LIMITED ACCESS ROADWAY ONLY)

PROGRAM MANAGEMENT

650-050-09

09/08

RULE 14-40.003, F.A.C.

7/23/2025

ATT/T,Walton County Public Works,Chelco Inc,Centurylink,Cox Communications,Nextcity Networks LLC,Gigapower LLC,Mediacom,Okaloosa Gas District,ATT Distribution,Uniti Fiber,South Walton Utility Inc,WRP Inc City of Destin Water Users,Walton Regional Uti

Santa Rosa Beach

7/23/2025

Walton US Hwy 331s from North of Chat Holley to US Hwy 98

0.00 - 1.585

Florida

SR83

(850) 460-4149 ext. ______

Median on US Hwy 331 from US Hwy 98 to North of Chat Holley Rd, Santa Rosa Beach, Florida 32549

PATRICK EASTON

32459

924 South County Highway 83

Approved 2025-L-390-00003

Jason Jones 8/19/2025

PERMITTEE CONT'D

The Permittee shall notify the appropriate Area Maintenance Engineer or designee 48 hours prior to starting work and again immediately upon completion of work.

11.

In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will have to be brought into compliance or removed from the right of way at no cost to the

Department. Any false information supplied on this form renders this permit null and void.

12.

The Permittee, shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect, or omission by the Permittee, its agents, employees, or subcontractors during the performance of the landscape project as approved by this permit, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except that neither the Permittee nor any of its subcontractors will be liable under this Article for damages arising out of the injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents or employees.

13.

I, the undersigned, do hereby agree to comply with all requirements established by this permit and Rule 14-40.003, Florida

Administrative Code.

14.

Submitted By:

(SIGNATURE OF PERMITTEE)

(NAME TYPED OR PRINTED)

THIS SECTION TO BE COMPLETED BY DEPARTMENT PERSONNEL

The above landscape project is: Approved Not Approved

If not approved, the reason is:

days of permit approval date and shall beThe Permittee shall commence work within completed by .

Special conditions/instructions by the Department:

A copy of Rule 14-40.003, Florida Administrative Code, is attached hereto and made a part of this permit.

Date Issued:

(SIGNATURE OF AUTHORIZED DEPARTMENT OFFICIAL)

Permit No.:

(TYPED OR PRINTED NAME)

(TYPED OR PRINTED TITLE)

PROGRAM MANAGEMENT

650-050-09

09/08

RULE 14-40.003, F.A.C.

8/19/2025

PATRICK EASTON

8/28/2026

Jason Jones

2025-L-390-00003

MAINTENANCE MANAGER/PERMITS

Jason Jones

PATRICK EASTON

All lane closures and shoulder closures must be pre-approved to allow time for Public Information Office to send out notifications. Contact Jason Jones at jason.jones@dot.state.fl.us , and copy in jace.albury@dot.state.fl.us, melinda.clumfoot@dot.state.fl.us, and allie.alford@dot.state.fl.us on all emails.

Approved 2025-L-390-00003

Clumfoot, Melinda

From: Miner, Pamela

Sent: Friday, August 15, 2025 9:24 AM

To: Clumfoot, Melinda

Cc: Patterson, Kristi; Jones, Jason; Albury, Jace; Alford, Allie

Subject: Re: FDOT Permit application 2025-L-390-00003--Walton County Landscape improvements on SR 83(US 331). FPID: 454802-1-58-01- Design Plans

You are very welcome.

From: Clumfoot, Melinda <melinda.clumfoot@dot.state.fl.us> Sent: Friday, August 15, 2025 9:10 AM To: Miner, Pamela <Pamela.Miner@dot.state.fl.us> Cc: Patterson, Kristi <Kristi.Patterson@dot.state.fl.us>; Jones, Jason <Jason.Jones@dot.state.fl.us>; Albury, Jace <Jace.Albury@dot.state.fl.us>; Alford, Allie <Allie.Alford@dot.state.fl.us> Subject: RE: FDOT Permit application 2025-L-390-00003--Walton County Landscape improvements on SR 83(US 331).

FPID: 454802-1-58-01- Design Plans

Good morning Pam, I appreciate the clarification and you sending the plan.

Thanks, Melinda Clumfoot Permits Coordinator, Adopt A Hwy Coordinator, Emergency Operations Liaison(Holmes Co.)

Florida Department of Transportation

Ponce De Leon Operations

1723 Sunrise Circle

Ponce De Leon, Fl. 32455

850-836-5742 office

850-260-4239 mobile

From: Miner, Pamela <Pamela.Miner@dot.state.fl.us> Sent: Friday, August 15, 2025 8:58 AM To: Clumfoot, Melinda <melinda.clumfoot@dot.state.fl.us> Cc: Patterson, Kristi <Kristi.Patterson@dot.state.fl.us>; Jones, Jason <Jason.Jones@dot.state.fl.us>; Albury, Jace <Jace.Albury@dot.state.fl.us>; Alford, Allie <Allie.Alford@dot.state.fl.us> Subject: Re: FDOT Permit application 2025-L-390-00003--Walton County Landscape improvements on SR 83(US 331).

FPID: 454802-1-58-01- Design Plans

I will send them under separate email to you. In short, they aren't doing plans or planting trees, etc. It is a turf and irrigation restoration only for the most part. Changing out all the turf and updating their irrigation system in place and are using their old plans.

Thanks, Approved 2025-L-390-00003

Pam

From: Clumfoot, Melinda <melinda.clumfoot@dot.state.fl.us> Sent: Thursday, August 14, 2025 10:08 AM To: Miner, Pamela <Pamela.Miner@dot.state.fl.us> Cc: Patterson, Kristi <Kristi.Patterson@dot.state.fl.us>; Jones, Jason <Jason.Jones@dot.state.fl.us>; Albury, Jace <Jace.Albury@dot.state.fl.us>; Alford, Allie <Allie.Alford@dot.state.fl.us> Subject: FDOT Permit application 2025-L-390-00003--Walton County Landscape improvements on SR 83(US 331). FPID:

454802-1-58-01- Design Plans

Good morning Pam, I am reviewing the permit application for the Walton County’s Median Landscape improvements on SR 83(US 331), FPID: 454802-1-58-01. Please forgive my ignorance but I don’t review many landscape permits. I don’t find where the applicant has provided a detailed plan set for this project for review. Do you have a plan set for this project? I wasn’t sure since Wilson was able to complete his review. If not, I will send the applicant a request for additional information for them to provide the signed & sealed set for review.

Thanks, Melinda Clumfoot Permits Coordinator, Adopt A Hwy Coordinator, Emergency Operations Liaison(Holmes Co.)

Florida Department of Transportation

Ponce De Leon Operations

1723 Sunrise Circle

Ponce De Leon, Fl. 32455

850-836-5742 office

850-260-4239 mobile

Approved 2025-L-390-00003

4. The DEPARTMENT shall reimburse the COUNTY for services as further described in this Agreement and in Exhibit "A" Scope of Services, attached hereto; and

5. The COUNTY, by resolution No. 2025-38, a соpy of which is attached hereto as Exhibit "D", has authorized the Mayor or COUNTY Official to enter into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the Parties agree as follows:

6. The recitals in paragraphs 1-5 above are true and correct and are made a part of this

Agreement.

which is further described herein. The DEPARTMENT and the COUNTY may sometimes be referred to in this Agreement as a "Party", and collectively as the "Parties."

1. The DEPARTMENT and the COUNTY have the authority under Section 339.12, Florida Statutes, to enter into this Agreement; and

2. A Roadside Beautification Assistance Program has been created by Section 334.044(26), Florida Statutes, to "provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs"; and

3. The COUNTY has certified the DEPARTMENT that it has met the eligibility requirements of said Section 334.044(26), Florida Statutes; and

Financial Project No.: 454802-1-58-01

Contract No.: AT287 Vendor No.: F596002599068 of

This Joint Participation Agreement ("Agreement") is between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, "DEPARTMENT," and the COUNTY WALTON, “COUNTY." The DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements in connection with Financial Project Identification Number (FP ID) 454802-1-58-01 for landscape improvements along SR 83 (US 331) from SR 30 (US 98) to N of Chat Holley Road, Walton County, Florida, hereinafter referred to as "PROJECT." The PROJECT will have an Installation Phase and a Maintenance Phase, the

!0-56540SIASםכ-vOcusian EnveIOD I: CAUA4TUO-4OL0-4910

Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD

JOINT PARTICIPATION AGREEMENT

BETWEEN

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AND

WALTON COUNTY

Approved 2025-L-390-00003 form, attached hereto as Exhibit "C," in accordance with Section 11.L. of this

Agreement. Completion of the Installation Phase of the PROJECT shall be subject to final acceptance and certification by the DEPARTMENT.

E.

ii).

bore permits required from the DEPARTMENT prior to performing the work.

The COUNTY shall notify the DEPARTMENT field office responsible for overseeing the PROJECT at least 48 hours prior to beginning work on the PROJECT.

Upon completion of the Installation Phase of the PROJECT, the appropriate COUNTY representative shall certify to the DEPARTMENTT that the

Installation Phase of PROJECT has been completed in accordance with the Plans and specifications, and all the terms and conditions of this Agreement. Said certification shall be done by forwarding a completed Certification of Completion with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications and in accordance with District Three Landscape Care Guide - Landscape and Irrigation Care along the State Highway System, dated February 4, 2016, as may be amended or revised from time to time ("Landscape Care Guide"), which is hereby incorporated by reference into this Agreement. The COUNTY shall take the necessary steps to ensure the

PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The

COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities.

i). The COUNTY is responsible for obtaining a landscape permit and any reference into this Agreement upon completion by the COUNTY.

B. The COUNTY shall have the sole responsibility for resolving claims and requests for the additional work for the PROJECT. The COUNTY will make best efforts to obtain the DEPARTMENT'S input in its decisions.

C.

D.

The COUNTY shall furnish the services with which to undertake and complete the PROJECT, which shall consist of both an i) Installation Phase and ii)

Maintenance Phase, said services being further described in Exhibit "A" to this

Agreement.

The COUNTY agrees to undertake and complete the PROJECT in accordance

UOCUSian EnveIoDe I: EAUA4rU8-45LU-441-55D-UOB5AUSTA5/

Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD

7. SERVICES AND PERFORMANCE

A. The COUNTY shall be responsible for the preparation of all design plans for the PROJECT at the COUNTY's sole expense. Said design plans shall include the design for the installation and maintenance of any and all plants, planting material, and irrigation systems, to be maintained by the COUNTY under this

Agreement (the "Plans"). The Plans shall be deemed to be incorporated by this

Approved 2025-L-390-00003

K. The COUNTY:

i).

ii).

Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the contract; and

Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.

Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

J. Upon completion of the Installation Phase of the PROJECT by the COUNTY, the COUNTY will assume responsibility for the Maintenance Phase of the

PROJECT, which includes, irrigation and other related materials identified in the

Plans, and will conduct such maintenance as specified in accordance with any maintenance plan identified in the notes of the PROJECT Plans, as well as the requirements set forth in the Landscape Care Guide. The COUNTY shall coordinate with the DEPARTMENT's District Landscape Project Manager or their designee to inspect the PROJECT on a quarterly basis and subsequently make corrections based on each quarterly inspection. In the event the COUNTY fails to maintain the PROJECT in accordance with a maintenance schedule and plan, the DEPARTMENT, at its option, may perform the required maintenance and the COUNTY shall reimburse the DEPARTMENT for the costs.

H.

I.

selected in accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes).

The COUNTY shall not sublet, assign or transfer this Agreement without prior written consent of the DEPARTMENT.

The COUNTY shall have sole responsibility for maintaining the subject landscaping according to DEPARTMENT standards and specifications, as well as stipulations outlined in the Landscape Care Guide. Upon the execution of this Agreement, The COUNTY certifies that is has received a copy of the Landscape Care Guide and agrees to be bound by the terms and conditions contained therein.

DOCUSIAN ENVAIONA ILY HAVAAPOX-45 11-44TX-HAKK-UNKKKAIRTAI

Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD

F. The DEPARTMENT will be entitled at all times to be advised as to the status of work being done by the COUNTY and of the details thereof. Therefore, the

COUNTY shall provide a monthly report on the first business day of the month to the DEPARTMENT project manager during the Installation Phase.

G. If the COUNTY hires a consultant, it must certify that its consultant has been

Approved 2025-L-390-00003

ii) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Department's Landscape Project Manager, 1074 Highway 90, Chipley, FL, 32428, for

Phase of the PROJECT, in an amount not to exceed SIX HUNDRED

SEVENTY THOUSAND and 00/100 DOLLARS ($670,000.00), for actual costs incurred. It is understood and agreed to by the Parties that the total reimbursement amount under this Agreement shall not exceed

$670,000.00, unless otherwise provided herein or as may be subsequently agreed to by the Parties through the execution of an amendment. The method of compensation is further described in Exhibit "B", which is attached hereto. Any additional costs, such as design costs of the PROJECT, costs relating to the Maintenance Phase of the PROJECT, or other items not covered by this Agreement, shall be the COUNTY's sole responsibility.

ii). Maintenance Phase

The term of the Maintenance Phase of the PROJECT shall commence on the date the COUNTY provides certification of completion of the Installation Phase in accordance with Section 7.E. of this Agreement.

9. REIMBURSEMENT AND PAYMENT

A. i) The total cost of the PROJECT is estimated at $670,000.00. The DEPARTMENT shall reimburse the COUNTY for one hundred percent (100%) of the total actual costs directly related to the Installation

The term of the Installation Phase of the PROJECT shall commence subsequent to execution of this Agreement and shall end on the date the DEPARTMENT receives from the COUNTY notification and certification of completion of the Installation Phase in accordance with Section 7.E. of this Agreement, or June 30, 2027, whichever occurs first.

The Installation Phase shall include a 365-day establishment period. If the

COUNTY does not complete the Installation Phase of the PROJECT by June 30, 2027, or by means of written extension(s) of time by the Department's District Secretary or Designee grants a written extension prior to expiration of the Agreement, the Agreement will expire on the last day of the scheduled completion of the Installation Phase as provided in this paragraph.

Docusian EnvelonA ID: FАПА4-08-4 11441х-каки

Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD

8. TERM

A. The COUNTY shall commence the project activities subsequent to the execution of this Agreement and said activities shall be performed in accordance with the following schedule:

i). Installation Phase

Approved 2025-L-390-00003 payments.

ix) Bills for fees or other compensation for services or expenses shall be vii) viii)

If the schedule for performance exceeds 30 days the COUNTY shall submit invoices to the DEPARTMENT at the end of each calendar month. The COUNTY shall prepare and submit monthly invoices to the DEPARTMENT in a format acceptable to the DEPARTMENT.

Optionally, in an extended performance as referred to in this item, the COUNTY may submit one complete invoice in the form and in accordance with the method required in items i), ii), iii), iv), v) and vi) above.

If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to vi) met, and that the criteria for evaluating successful completion was met, as specified in Section 7 and Exhibit "A" of this Agreement.

The COUNTY may receive progress payments for deliverables based on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon completion of all PROJECT services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the PROJECT has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing.

services and items of work performed on the PROJEСТ.

iv) Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof, based on quantifiable, measurable and verifiable deliverables as established in Exhibit "A," Scope of Services Plans when approved by the DEPARTMENT. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager or designee prior to reimbursements.

v) Supporting documentation must establish that the deliverables were received and accepted in writing by the DEPARTMENT and must also establish that the required minimum level of service to be performed was

Luvusign crivelope ID: EAUTSUU-4910-0390-UIDB0403 IAN Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD iii) approval and processing.

The DEPARTMENT shall reimburse the COUNTY upon receipt of a properly submitted invoice and all supporting documentation. Supporting documentation shall include a copy of the cancelled check tendered by the COUNTY to the consultant/contractor who performed the work under the PROJECT. Supporting documentation shall also include dates of

Approved 2025-L-390-00003 creditors. This Agreement may be canceled by the COUNTY upon (60) sixty days written notice to the DEPARTMENT.

B.

satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or the DEPARTMENT will take whatever action is deemed appropriate by the DEPARTMENT.

The DEPARTMENT may cancel this Agreement in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to terminate or cancel this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event of an assienment heing made for the benefit of

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 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. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.

10. TERMINATION AND DEFAULT

A. If the DEPARTMENT determines the performance of the COUNTY is not

C.

Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the PROJECT, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs.

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

Docusian EnvelodA ID: HAIAAPIX45 1-447 Kanh ARKSAIKATAN

Docusign Envelope ID: C8D98077-8100-41D9-BF7B-1716AA4483DD submitted in detail sufficient for a proper preaudit and post-audit thereof.

x) Travel costs will not be reimbursed.

B. Records of costs incurred under 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.

Approved 2025-L-390-00003

Approved 2025-L-390-00003

924 S. Co. Hwy. 83 | Santa Rosa Beach, FL 32459 | 850-267-4578

A Hunter Rain/Freeze sensor, and a Hunter Wind Sensor will be installed at the Hunter Irrigation

Controller.

PreviousNext

RAIN-CLIK® SENSOR

To prevent water waste, built-in Quick Response® technology instantly shuts down irrigation as soon as it starts raining.

Sensor Rain/Freeze

Type Wired & Wireless

Instant Quick Response rain shutoff and freeze shutoff at 37°F Maintenance-free design with integrated battery for wireless models Adjustable vent ring allows for shorter or longer reset period

WIND-CLIK® SENSOR

This sensor keeps water coverage efficient and pedestrian paths and roadways safe by shutting down irrigation when wind speeds increase.

Sensor Wind

Type Wired

Highway 331 Median Endcap

Landscaping Project

Introduction

The purpose of this project is to beautify the median endcaps, located on the southern portion of Highway 331.

Currently, the existing landscape consists of Muhly Grass, Palmetto Bushes, and Magnolia Trees. There are empty flower beds, surrounded by concrete ribbon curbs, at each median endcap. We have chosen to fill these empty flower beds with Drift Roses. Drift Roses are a colorful ground cover that will quickly spread to fill the space within the empty concrete ribbon curbs, located at the median endcaps. Approved

2025-L-390-00003

Median Endcap Project

Start Date -- Fall 2024

Time to Complete -- 30 Days (Mon – Fri)

Plants -- Drift Roses

# of Plants -- 320 +-

Space Roses 3ft on center

Will grow to 3ft wide

The Grove Nursery offers Red, White, Coral, Pink

Approved 2025-L-390-00003

US Hwy 331 Gateway Project

2025-L-390-00003

US Hwy 331 Gateway Project

Walton County Beach Operations as maintainer of the US Hwy 331 enhanced landscape ROW was notified by FDOT of an opportunity to participate in a

FDOT Beautification Program through a Joint Project Agreement (JPA). The

FDOT Beautification Program includes funding for landscape and grass installation/replacement through the JPA format where the County is responsible for design/permitting/construction of the project and FDOT reimburses the County for 100% of the estimated/approved cost. The purpose of this project is to beautify the Highway 331 gateway to Walton

County. The project is improvements to the existing enhanced landscape median including removal of existing Bahia grass/weeds, installation of

Empire Zoysia grass, installation of new irrigation system for grass areas, and installation of low maintenance ground cover flowering plants in the vacant beds at median crossovers.

JOINT PARTICIPATION AGREEMENT

BETWEEN

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AND

WALTON COUNTY

Financial Project No.: 454802-1-58-01 Contract No.: AT287 Vendor No.: F596002599068

This Joint Participation Agreement (“Agreement”) is between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, “DEPARTMENT,” and the COUNTY of WALTON, “COUNTY.” The DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements in connection with Financial Project Identification Number (FP ID) 454802-1-58-01 for landscape improvements along SR 83 (US 331) from SR 30 (US 98) to N of Chat Holley Road, Walton County, Florida, hereinafter referred to as the “PROJECT.” The PROJECT will have an Installation Phase and a Maintenance Phase, which is further described herein. The DEPARTMENT and the COUNTY may sometimes be referred to in this Agreement as a “Party”, and collectively as the “Parties.”

1. The DEPARTMENT and the COUNTY have the authority under Section 339.12, Florida Statutes, to enter into this Agreement; and

2. A Roadside Beautification Assistance Program has been created by Section 334.044(26), Florida Statutes, to “provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs”; and

3. The COUNTY has certified the DEPARTMENT that it has met the eligibility requirements of said Section 334.044(26), Florida Statutes; and

4. The DEPARTMENT shall reimburse the COUNTY for services as further described in this Agreement and in Exhibit “A” Scope of Services, attached hereto; and

5. The COUNTY, by resolution No. _______, a copy of which is attached hereto as Exhibit “D”, has authorized the Mayor or COUNTY Official to enter into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the Parties agree as follows:

6. The recitals in paragraphs 1-5 above are true and correct and are made a part of this Agreement.

7. SERVICES AND PERFORMANCE

A. The COUNTY shall be responsible for the preparation of all design plans for the PROJECT at the COUNTY’s sole expense. Said design plans shall include the design for the installation and maintenance of any and all plants, planting material, and irrigation systems, to be maintained by the COUNTY under this Agreement (the “Plans”). The Plans shall be deemed to be incorporated by this reference into this Agreement upon completion by the COUNTY.

B. The COUNTY shall have the sole responsibility for resolving claims and requests for the additional work for the PROJECT. The COUNTY will make best efforts to obtain the DEPARTMENT’S input in its decisions.

C. The COUNTY shall furnish the services with which to undertake and complete the PROJECT, which shall consist of both an i) Installation Phase and ii) Maintenance Phase, said services being further described in Exhibit “A” to this Agreement.

D. The COUNTY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications and in accordance with District Three Landscape Care Guide – Landscape and Irrigation Care along the State Highway System, dated February 4, 2016, as may be amended or revised from time to time (“Landscape Care Guide”), which is hereby incorporated by reference into this Agreement. The COUNTY shall take the necessary steps to ensure the PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities.

i). The COUNTY is responsible for obtaining a landscape permit and any bore permits required from the DEPARTMENT prior to performing the work.

ii). The COUNTY shall notify the DEPARTMENT field office responsible for overseeing the PROJECT at least 48 hours prior to beginning work on the PROJECT.

E. Upon completion of the Installation Phase of the PROJECT, the appropriate

COUNTY representative shall certify to the DEPARTMENT that the Installation Phase of PROJECT has been completed in accordance with the Plans and specifications, and all the terms and conditions of this Agreement. Said certification shall be done by forwarding a completed Certification of Completion form, attached hereto as Exhibit “C,” in accordance with Section 11.L. of this Agreement. Completion of the Installation Phase of the PROJECT shall be subject to final acceptance and certification by the DEPARTMENT. Approved

2025-L-390-00003

F. The DEPARTMENT will be entitled at all times to be advised as to the status of work being done by the COUNTY and of the details thereof. Therefore, the COUNTY shall provide a monthly report on the first business day of the month to the DEPARTMENT project manager during the Installation Phase.

G. If the COUNTY hires a consultant, it must certify that its consultant has been selected in accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes).

H. The COUNTY shall not sublet, assign or transfer this Agreement without prior written consent of the DEPARTMENT.

I. The COUNTY shall have sole responsibility for maintaining the subject landscaping according to DEPARTMENT standards and specifications, as well as stipulations outlined in the Landscape Care Guide. Upon the execution of this Agreement, The COUNTY certifies that is has received a copy of the Landscape Care Guide and agrees to be bound by the terms and conditions contained therein.

J. Upon completion of the Installation Phase of the PROJECT by the COUNTY, the COUNTY will assume responsibility for the Maintenance Phase of the PROJECT, which includes, irrigation and other related materials identified in the Plans, and will conduct such maintenance as specified in accordance with any maintenance plan identified in the notes of the PROJECT Plans, as well as the requirements set forth in the Landscape Care Guide. The COUNTY shall coordinate with the DEPARTMENT’s District Landscape Project Manager or their designee to inspect the PROJECT on a quarterly basis and subsequently make corrections based on each quarterly inspection. In the event the COUNTY fails to maintain the PROJECT in accordance with a maintenance schedule and plan, the DEPARTMENT, at its option, may perform the required maintenance and the COUNTY shall reimburse the DEPARTMENT for the costs.

K. The COUNTY:

i). Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the contract; and ii). Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

8. TERM

A. The COUNTY shall commence the project activities subsequent to the execution of this Agreement and said activities shall be performed in accordance with the following schedule:

i). Installation Phase

The term of the Installation Phase of the PROJECT shall commence subsequent to execution of this Agreement and shall end on the date the DEPARTMENT receives from the COUNTY notification and certification of completion of the Installation Phase in accordance with Section 7.E. of this Agreement, or June 30, 2027, whichever occurs first.

The Installation Phase shall include a 365-day establishment period. If the COUNTY does not complete the Installation Phase of the PROJECT by June 30, 2027, or by means of written extension(s) of time by the Department’s District Secretary or Designee grants a written extension prior to expiration of the Agreement, the Agreement will expire on the last day of the scheduled completion of the Installation Phase as provided in this paragraph.

ii). Maintenance Phase

The term of the Maintenance Phase of the PROJECT shall commence on the date the COUNTY provides certification of completion of the Installation Phase in accordance with Section 7.E. of this Agreement.

9. REIMBURSEMENT AND PAYMENT

A. i) The total cost of the PROJECT is estimated at $670,000.00. The DEPARTMENT shall reimburse the COUNTY for one hundred percent (100%) of the total actual costs directly related to the Installation Phase of the PROJECT, in an amount not to exceed SIX HUNDRED SEVENTY THOUSAND and 00/100 DOLLARS ($670,000.00), for actual costs incurred. It is understood and agreed to by the Parties that the total reimbursement amount under this Agreement shall not exceed $670,000.00, unless otherwise provided herein or as may be subsequently agreed to by the Parties through the execution of an amendment. The method of compensation is further described in Exhibit “B”, which is attached hereto. Any additional costs, such as design costs of the PROJECT, costs relating to the Maintenance Phase of the PROJECT, or other items not covered by this Agreement, shall be the COUNTY's sole responsibility.

ii) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Department’s Landscape Project Manager, 1074 Highway 90, Chipley, FL, 32428, for Approved

2025-L-390-00003 approval and processing.

iii) The DEPARTMENT shall reimburse the COUNTY upon receipt of a properly submitted invoice and all supporting documentation. Supporting documentation shall include a copy of the cancelled check tendered by the COUNTY to the consultant/contractor who performed the work under the PROJECT. Supporting documentation shall also include dates of services and items of work performed on the PROJECT.

iv) Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof, based on quantifiable, measurable and verifiable deliverables as established in Exhibit “A,” Scope of Services Plans when approved by the DEPARTMENT. Deliverables must be received and accepted in writing by the DEPARTMENT’s Project Manager or designee prior to reimbursements.

v) Supporting documentation must establish that the deliverables were received and accepted in writing by the DEPARTMENT and must also establish that the required minimum level of service to be performed was met, and that the criteria for evaluating successful completion was met, as specified in Section 7 and Exhibit “A” of this Agreement.

vi) The COUNTY may receive progress payments for deliverables based on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon completion of all PROJECT services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the PROJECT has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing.

vii) If the schedule for performance exceeds 30 days the COUNTY shall submit invoices to the DEPARTMENT at the end of each calendar month. The COUNTY shall prepare and submit monthly invoices to the DEPARTMENT in a format acceptable to the DEPARTMENT.

Optionally, in an extended performance as referred to in this item, the COUNTY may submit one complete invoice in the form and in accordance with the method required in items i), ii), iii), iv), v) and vi) above.

viii) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.

ix) Bills for fees or other compensation for services or expenses shall be Approved submitted in detail sufficient for a proper preaudit and post-audit thereof.

x) Travel costs will not be reimbursed.

B. Records of costs incurred under 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 includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the PROJECT, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs.

C. 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 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. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.

10. TERMINATION AND DEFAULT

A. If the DEPARTMENT determines the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or the DEPARTMENT will take whatever action is deemed appropriate by the DEPARTMENT.

B. The DEPARTMENT may cancel this Agreement in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to terminate or cancel this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event of an assignment being made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) sixty days written notice to the DEPARTMENT.

Approved 2025-L-390-00003

C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY.

11. MISCELLANEOUS

A. Participants (in this document identified as COUNTY) 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 unless the bid specifications, purchase order or contract specify otherwise. 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.

B. If a warrant in payment of an invoice is not issued within forty (40) days after receipt of the invoice and receipt, inspection, and approval of the goods and services, 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 COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to a COUNTY because of COUNTY 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.

C. A Vendor Ombudsman has been established within the Department of Financial

Services. The duties of this individual include acting as an advocate for Participants who may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 413-5509.

D. The COUNTY shall 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 the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. Approved

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E. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The COUNTY shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement.

F. No funds received pursuant to this Agreement may be expended for lobbying the

Legislature, the judicial branch, or a state agency.

G. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement.

H. It is understood between the Parties hereto that any part of or the entire

PROJECT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the associated state road be widened, altered or otherwise changed to meet with the future criteria or planning of the DEPARTMENT. The DEPARTMENT shall give the COUNTY notice regarding such removal, relocation or adjustment and the COUNTY shall be allowed sixty (60) calendar days to remove all or part of the PROJECT at its own cost. The COUNTY shall own that part of the PROJECT it removes. After the sixty (60) calendar day’s removal period, the DEPARTMENT may remove, relocate or adjust the PROJECT as it deems best.

Wherever the COUNTY removes a PROJECT pursuant to this Agreement, the COUNTY shall restore the surface of the affected portion of the PROJECT’S premises to the same safe and trafficable condition as existed prior to installation of such PROJECT.

I. 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. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida.

J. 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 herein, nor any extension of time for completion of any phase of the PROJECT, shall be effective unless contained in a Approved

2025-L-390-00003 written document executed with the same formality and of equal dignity herewith.

K. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION

STATEMENT: 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, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list 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, and may not transact business with any public entity.

L. Any and all notices, reports, invoices, and certifications required pursuant to the terms of this Agreement shall be sent by First Class United States Mail to the addresses listed below; provided, however, that the DEPARTMENT may, by written authorization to the COUNTY, allow for a separate means of notification:

DEPARTMENT

Kristi Patterson, District Landscape Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428

COUNTY

Mr. Brian Kellenberger Walton County Director of Beach Operations 924 South County Hwy 83

Santa Rosa Beach, FL 32459

M. The DEPARTMENT and the COUNTY agree to comply with Section

20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

N. The COUNTY agrees to comply with requirements set forth in Section

334.044(26), Florida Statutes.

O. This Agreement shall become effective on the last date of a signature by a Party. Approved

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IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

COUNTY OF WALTON, FLORIDA

ATTEST: (SEAL) BY: __________________________

CLERK TITLE: ________________________

DATE:________________________

COUNTY ATTORNEY

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

ATTEST: (SEAL) BY:_______________________

EXECUTIVE SECRETARY DIRECTOR OF

TRANSPORTATION

DEVELOPMENT

DATE:______________________

LEGAL REVIEW:

OFFICE OF GENERAL COUNSEL

Exhibit “A”

SCOPE OF SERVICES

Landscape of SR 83 (US 331) from SR 30 (US 98) to N…