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HomeMy WebLinkAbout1994 - JPA 4825349 Agreement RESOLUTION NO.: R-94-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A JOINT PARTICIPATION AGREEMENT FOR ENGINEERING FOR LIGHTING AND OVERLAY OF RUNWAY 4-22, IN THE AMOUNT OF $53,100.00, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. W~EREAS, the City of Sebastian City Council desires to enter into a Joint Participant Agreement with the Florida Department of Transportation to obtain engineering for lighting and overlay of Runway 4-22 at the Sebastian Municipal Airport; and W~EREAS, entering into this Agreement will result in the City receiving up to $53,100.00 in grant funds for the purpose of this project from the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Mayor and City Clerk are hereby authorized to enter into the State of Florida Department of Transportation Public Transportation Joint Participation Agreement on behalf of the City of Sebastian. (A copy of said Agreement being attached hereto as Exhibit "A"). Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVER~BILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member ~t~,~.. ................. . The motion was seconded by Council Member ~~·~·A and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland Council Member Frank Oberbeck The Mayor thereupon declared this Resolution duly passed and / adopted this ~'~' day of ~/~ , 1994. ATTEST: .. Kathry~ M. O!.Halloran, CMC/AAE · .City Clerk· (SEAL) Arthur L. Firtion, Mayor 2 I HEREBY CERTIFY that notice of public hearing on this Resolution was published in the Vero Beach Press Journal as required by Section 20A-2.6 D.1 of the Land Development Code of the City of Sebastian, Florida, that one public hearing was held on this Resolution at 7:00 p.m. on the 8th day of June, 1994, and that following said public hearing this Resolution was passed by the City Council. ~athry~ M.r O'H~ll6ran, CMC/A~%E City Clerk Approv~~~~rto F m ~ontent: 'charMs Ian Nash~, City Attorney Form BOl~07 Febnm~31 1992 WPI No: 4825349 Jolt No: 88000- Fund: 010 SAMAS Approp: 088800 Function: 6q7 ... 5AMAS Obi.: 790050... Federal No: N~A "~ Or/,. Code: 55042010~28 Contrac! No.._~._~Z~I"7 Ven#or No.:VF-596000427001.. STATE OF FLORIDA DEPARTMENT OF TIG'iN,qI~OICFATION PUBLIC TPxAJXJSPORTATIOP4 JOINT PARTICII'ATION AGREEMEN-I' by and between the STATE OF/LoRIDA DEPARTMENT OF TIUtNSI'ORTATION, an agency of thc State of £1orida; hereinafter called the Detmrt,nent, and the City_ of Sebastta~~ ~p hereh~d[er called ~he figency. W tTN£'S5 £TH' WHEREAS, the Agency t~s the authority lo enter into said A,~,,reement and to undertake thc project hereinafter de, scribed, and the Department tins been granted the aulhorit.v to function adequately m all areas of appropriate jurisdiction including '[[~e implementation of an integrated, and balanced transportation system and is atttlwrized under to etller I'tlto this Agreement; NOW, THEREFORE, in consideration of the mutunl covenants, pron'u'ses and rettresenlations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Engineering for Plans and Specifications for Lighting and Overlay for runway 4/22. and asjhirther described in Exhibit(s) A, ..B, & C attnched hereto attd b:,, ~.::.". ref~ence m~e a part hereo~ ~reinafter called the project, and to provide Depnrlment,~l ;i.,~,v~:ial ass:'stanct }c '.:: Agen~ and state the ten~ and conditions upon which such assistance will bc provida7 ..},;,i :;:,. i~.,td,'~'slnn,'t:'~w ., to the ~nner in which the project will be undertaken and compl~'h'd £orm 801-01 Febnmry 1992 2.00 Accomplishment of the Proicct: 2.10 General Requirements: Thc A,\,ency shall commence, and complete Ihe project as described Exhibit "A" with all practical dtglmlch, in a sound, economical, arid efficienl rtllzr~tter, and in accordance with the provisions herein, and all applicalde laws, 2.20 Pursuant to Federal, State, and Local La~*~: In the e~wnI thai any eh,etlon, referendum, approval, pemnit, notice, or olher proceeding or nulhorizatton is requisite Htldt'r apldicabh, law lo enable the Agency to enter thiO Ibis Agreement or to undertake lhe proJecl hereumh,r, or lo obset~w, assume or carry o~tt any of the provi$iotI$ of the Agreement, the ~gency will inttiate and (OI1Slllllttlal{', tis '"otJith'd by law, all actions nt'ces~ with re~Ject to any such ~natters so requisite. 2.30 Funds of the Ag.enc¥: The Agency shall intttate and prosecute lo comt. detion all proceedings necessary including federal aid requirements to enable lhe Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Othcr Documents: The A~ellcy shall submit to the Department such data, reports, records~ contracts alrd otht'r doctimt'nt$ relatin~ to the pro/ecl as the DcTJarllnent may require as listed in Exhibit "C". 3.00 Project Cost: The total estimated t:ost of thc prO/ecl is $ 59~000.00 This amotoll is based upon the estimate summarized tn Exhibil "B" and by this reference made a part here~'f. The' Agency agrees to bear ali expenses in excess of the total esttmated cost of the project and any deficits involved. 4.00 Department Participation: The DtTmrtlnetlt a,~rees to tnaxi.uon participation, including contingencies, in the project in the amount of $ 53 ~ 100. O0 as detailed in Exhibit "B", o1' in an amount equal to the percentage(s) of total project cost shown irl Exhibit "B", whlchever is less. 4.10 Project Cost Eligibility: Project costs ehgible for State participation will be allowed only from the date of this Agreement. It is understood that State participation m eh~ibh' pro]ecl costs is subject to: a) Legislative approval of the Dcgmrtmenl's appropriation request in the' work program year that the project is scheduled to be committed; b) The understanding that disbursement of funds will be made in accordance with the balanced thirty- six (36) month cash forecast; c) Availability of funds as stated in paragraph 17.00 of this Agreement; d) Approval of all plans, slwcificotions, contracts or other oldi,qating documents and all other terms of this Agreement; e) Department approval of the project scope and budget (F_xhtbits A & B) at the tit~e a~q~ropriation authority becotnes available. 4.20 Front End Funding: Front end fimdmg (~tX(is not) applicable. If atqdicablc, the Department tn, ay initially pay 100% of the total allowable incurred ]troject co515 up to an amount equal to its total share of participation as shown in paragraph 4.00, 5.00 Retainage: Retainage OraO (is not) applicable, tf applicable, Iq/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held ~n rclain::~r to Ire dislmrscd, the Department's discretion, on or before the completion of the.final pro?ct audit Form 801-01 February 1992 6,00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the execution of tius Agreement, ti ptvject budget, shall be prepared by the Agency and approved by the D~artment. The Agency shall ttmtntain said bud&~et, carry oul the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the prOject_ The budget may be r~ised periodically, and ~f r~ised, a copy of the rtTiision should be forwarded to the Comptroller. No budget increase or decrease shall be effectH~c ut~JeSS ~1 comphes with participation require~nenls established in paragraph 4.00 of lJu'$ A,~ret'ment and is al~prooed b.t/ the D~7~artmenl Co rapt roller. 6.20 Schedule o.f Disbursements: The Agency shall protmh' Iht' D~?,,rlmcnt u,tth t~ ram'-phased schedule of the Department funds to be e:~7~ended on the project. This schedtde sltal! show t'sttmltlt,d d~slmrsements for the en tire term of the project by quarter of fiscal year. The scluzdule may be dtvided by project plu~se where such division is determined to be appropriate by'the Department. Any significant deviation from lhe approved 5chedtde in Exhibit "B" requires submission ora supplemental schedule by the Agency 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: Thc A,~'cncy st~all estabh'sb for the project, in conformity wilh uniform requirements that ~ru~y be established by Department program guidelines/procedures and Generally Acct~ted Governmental Accounting 5latu~ard5 (CAGA5) lo facilitate the administration of the financing program, sq~arate accounls to be mainlm'ned within its extsttng accounting system or establish independent accounts. Such accounts are referred to herein collectively as thc "project account" The project account shall betide available upon request by the DqJartment any time during the pertod qf the Agreement and for five years after final payment is 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal OeT~osit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds prow21ed for, accruing to, or othervoise received on account of the project, which D~Jartment payments and other funds are herein collectively referred to as "project funds". The Agency shall require deTJositorie5 of project funds to secure continuotzsly and fully all project fio~ds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department. by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have-not -received the required approval of the Department shall not be considered eh~ible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, ttt~lt, records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with re~3wct lo any item which ~ or will be c~rgeable against the project account will be drawn Ot~]y in accordance wilh ~ properly signed vouch~ then on file in the office of the Agency stating in proper detail the pu~'~ose./br whid~ s~ch check or ord?~ i5 drawn. All chec~q, payrolls, invoices, contracts, vouchers, orders, or other ac('out~t~n,~ d~,,-~:m:~;ts ];,'t'lain!nj2 l~ whole or in part to the project s~ll be ch'arly ident(fied, readily accessilqe. ,uid, t,, t~,' ,'~':,'~:t ' ~.:.:;~.i.' ;,,'t': <,~'~::: and apart porn all other such documents. Form 80~-07 Febn~ary ~ 992 7.60 Audit Reports: Tile Agency shall provide lo the DtT~artment for' each of ils fiscal years for which the project accoun! remains open, an audit rq~orl prepared either by its official auditor or audit agency or an indq~endent certt~ed Imblic accountant, reflecling the use of the funds of the Dq,artment, the Agency, and those from any other source with re~ect lo the project. Audits shall be performed in accordance toilh generally acc~ted government auditing standards contained in the Standards for Audit of Governmental Or~ani~tions~ Pro~m~ Activities and Functions, issued by lhe U. S. General Accounting Office and OMB CircMares A-128 or A-~33 where apldi~blc. The A~ency shall require its auditors to include in their r~ort a schedule of project ~sistance as described ~n Exhilnt "A ", Special Considerations. 7.70 Insura,~cc: Tile Axcncy shall carry property and casually insurance on proJecl equilnnent and facilities and provide evidence of said insurance for the prol'ec! amount staled in pam~,,nqd~ 400 of this Agreement. If this Agreement is for purchase o. f land, the Department may waiw, or mofltfy this section wilh an Exhibit "C". 8.00 Requisitions and Payments: 8.01 Bills for fees or other compensation for services or expenses sJufll be submitted m detail sufficienl for a proper preaudit and postaudit thereof 8.02 Bills for any travel ext~enses shall be submitted in accordance with Chapter 1 ~2.061 F.S. The Det~artment may establish rates lower than the maximum provided in Chapter 112.061 Florida Statutes. 8.03 If, after prOject comtdetion' any clam~ is made by tile Department resulting from an audit or for work or se~icecj~erformed lmrsuant to this agreement, the Department ~r~y ofh~et such amount from payments due fob work or se~ices done under any public transportation joint particiahon a~reement which it ~s with the Agency owing such amount ~, upon demand, payment of the amount is not made within sixty (60) days to the D~lartlnent 8,04 Offsetting any alnolmt pursuant to section 8.03 shall not be considered a breach of contract by the Department. 8.10 Preliminary Action by the Agency: In order to obtain any Department flmds, the Agency shall: 8.~ 1 With respect to property acquired, file zoith the Department of Transportation, District .....Four 3400 West Ccrrmercial Blvd., Ft. Laud., Flo,'ida, 33309-3~21 its requisition on a font~ or forms prescribed by the Departtnent, and such other data pertaining lo the project account (as defined in paragraph 7. ~0 hereof) and the project as the Department may require, to just, fly a, nd support the payment requisitions, including: (1) (2) (3) the date the Agency acquired the property, a statement by the Agency certifying that the Agency h~ acquired said property and-~ if the requisition covers the acquisition of real property; A. a statement by the Agency certifying that the Agency ~ acquired said real property, and actual consideration paid for real property. B. a statement by the Agency certifying thai the appraisal and acquisition of the real property together with any attendant relocation of occupants w~.< accomplished in comph'ance witt~ all federnl laws, rules ~;~:d ID'OtYdllr~5 requm"d by any federal oversight agency and with all stab' ]:;:.'~ ,'~d,'< and ln'oc~'d~r,':: lhat may alqfly to the A.~ency acqmm-W thc ~',,,~ l'~ '::," :: Form 801-01 Febntary 1992 8.72 Comply with all applicable provisions of this Agreement. 8.20 The Department's Obligations: Subject to oilier provisions hereof, the DeT~artment will honor such requisitions in atnounts and at times dee~ned by the Department 1o be proper to ensure the carrying out of the project and pay~nent of lhe eligible costs. However, notwithstanding any other provision of this A~reement, the Department may elect by notice in writing not to make a payment on the project account if: 8.21 Misrepresentation: Thc Agency shall have m,~de nu'.srepresentatton ora matermI nature in its appli~tion, or any sutqdement thereto or anJelldlttt,lll /hereof, or in or with respect 'lO any document of data J~n~ished ther~oilh or pursuant here/o: 8.22 Litigation: There is then pending littgatton wtlh respect to the performance by Agency of any of its duties or obh'gations which may jeopardize or adversely affect the project, the Agrec~nent, or payments 'l'o the prOIect: 8.23 Approval by Department: The A,gency shall have taken any aclion pertaining to the project which, under .this agreement, requires the approva! of the Ot?Jartment or )ugs made related e:q~enditure or incurred related obligations without having been advised by lhe DcT)artmenl that same are approved; 8.24 Conflict of Interests: There Izas been any violation of the conflict qf interest provisions contained hereto: Or 8.25 ,.. Default: The Agency has been deh'rmmed by thc DeTJartment to be in default under any of the provisions of the Agreement. ' 8.26 Federal Participation (If Applicable): The DeI~artment may suspend or terminate the financial assistance of this grant if any federal agency providing federal financial ccqsistance for the project determines that the purposes of the statute under which the project is authorized would not be adequately served by contimzation of federal financial assistance to the project. 8.30 Disallowed Costs: In determining the amount of the payment, the Dc'partment will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the prO]ecl, and costs attributable to goods or services received under a contract or other arrangements which have not been atrproved in writing by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the prOject by the Agency is rendered improbable, infeasible, impossible, or illegal, the D{~mrtment will, by written notice to the Agency, suspend any or all of ils obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or ail of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of anyfinal termination or suspension notice under this paragraph, Iht? Agency shall proceed l~ron;pt]y lo carry OUt actions required therein which may include any or all o/' lhe folhm4n..~: (~ ) ~]t'CeSSi~rg; t]~ioI1 tO lermln,'~:: Form 801-01 February 1992 ar desirable to keep to the minimum the costs "JJOI1 the basis of which OJ[' finaneillS is to be cOln/HJ.tcd; (2) furnish a statement oj the fJrojrct activi/lrs and contmcts, and otha Ilnderiakrngs the cost of which are ofhenoisc includnlJJe as projecf costs; and (3) remit 10 Ih(' OrparlJ/l(,llf such 110rtio/1 of the financing and any advance payment pn:viollsly r{'cdurd as is de/rrmil1cd /Jy thr DC/Jar/mell! to be due under the provisions of fhe Agreement. The lerlllillnlio1J or SIiS!1rnSIOI1 5/1111/ lJ(' carr/cd oul 111 conformity with the latest schedule, })1011, and hudR('[ as approved l)y flu' /)e/Jar/menl or lllJon Ih(' l;nsis a/lams and conditions imposed by the De]1nrlmenlllpol1 the /ailure of the AX('l1(Y 10 furnIsh the schedule, lilall, and vu.dget within a rr.tlSolZabJe til11{'. The fiflTirQval of a relflrUnl1CC by 111(' AXI'ITcy 0'- Ihr closing out oj federal financial particiTmtion in the project shall not constitute a walV('T" O/ilI1Y clailll which thr DryJartJlll'ntmay ofhenvisr have arising 'out of this AgrreJr/eJ1l. 9.12 Thr Departmrl1t n~5ero('s thr nght to IImla/(>m!ly OJHcel Ihls Agtl'I'lneI11 for rrfusaJ- Vy- the contractor or Agency to allow Jlublic access to all doewnel1is, TmJl('rs, 1('I/NS. 0'- other material subject to the prOVisions OfChal'ter 119 Flonda Slatllles alld nUlde or received in COlljllllCllOIl with th,s Agreement. 10.00 Rem;ssjol1 of Project Account UpOIJ COllf/detioll of Project: UJJOIl comJ}le/ion of the project, and after Jl~ymenl, provision for payment, or r{'imlJ/{rS('J/Jenl of all JJrOjr'Cl costs fiaya/!/r from fhe project account is made, the Age11cy sfu111 remitta OU' Drywrtment i/s share q( any 1/lICxl!/'J/ded l!l7lallCl' in Ihe project account. 11.00 Audit and Inspection: The Agency shnJl/i('nmt, and S/1J1J1 rrqwre its contractors /0 permil, the Department's authorized representatives to inspect all work, mafenals, payrolls, r('cords; and to audit the books, records and accounts pertaining to the jinancinR and d('v{'}oplflen/ of the project 12.00 Contrll,ts of the Agency: 12.10 TI,ird Parly Agreements: EXC~Jll as olh('nllls(' tluthorizrd 111 writing /Jy the' Department, the Agency shall no/ execute any contract or obliga/e> itself 111 any manner reqlllnng the dislmrse>ment of Oiportment joint participation funds, including [Dnsllltnnt or constrllction contracts or amendments thereto, with any third party with respect to the ]Jroject without the> wrillen approval of t/](' Dryinrtment. Failure to aMain such approval shall be sufficient cause for nonpaymenl by the Department as /"'oUlded 111 paragraph 823. The Department specifu;ally reserves unto itself the nght 10 reView the quallfleal/ons of any conSlllianl or cOlltractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is wzdrrstood and agreed by the parties hereto that participation by the Department III a project with all Agency. where said project involves a consultant contract for ellgineen'ng, architecture or surveying services, IS colltlngelll 011 Ihe Agency complying in full with provisions of Section 287.055, Florida Statutes, Consulianls Competitive Negotiation Act. At the discretion of the Department, the Agency will illvolve the De/mrlll1enl ill Ihe COllsuliall1 Selection P-"ocess for all projects. In all cases, the Agency's Altorney shnll certify to the D'7,ar'lI1elll IIml srieclioll IU1S been accomplished in compliance with the Consultant's Competitive NeRotin!ion ACI 12.30 Mil1on'ty Business Enterprise (MBE) Policy nnn Obligation: 12.31 MBE Policy: It is the policy of the D'7inrtmellt thnt mllwrlty bUSiness elllery!rises as defined ill 49 CFR Part 23, as amended. shall have the mJ1ximum OI!portullily 10 participate in the per/onn/mce of contracts financed in whole> or in part wilh DCjJartment fimds lmrirr thl~<; Agre(,ltlcl1l Tht' MBE requirements of 49 CFR Pari 23. as amended. aJ'l!ly 10 this Agreemen! 12.32 MBE Obligntion: The Agency and ils cOl1t/"(;(IOI""; il"~rl'I' 10 t'11>";iJ,' . i:.:,' .'\.-luior!t:/ :',;;....;.'.1.'.' Enterprises as defined in 49_ C.F.R. Part 2.1, as nmrndr'tf. fUri':" Ii;;. ,":.i-:in:u,>li '1'1".''':,' :,;, " . '.' ''''.'~ Form 801-01 Febn~ary ~ 992 the performance of cotllracts and this Agreement. ltl this regard, all recipienls, and contractors shall take all necessary.atld reasonable steins in accordance with 49 C.F.R. Parl 23, as atnended, to ensure thgt the Minority Business Enlerprises have tile maximum opporlunily to compete for and perform contracts. Grantees, recipients and their contractors shall nol discriminate on the basis of race, color, national origin Or sex in the award and performance of Dc'partmenl assisted conlracts. 12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass TransT;orlation Adminislralion or Federal Htghway Admini$lration Fundin,~ is a parl of lhts l~rOl'eCt, the A~,,ency nmst comldy with S~ubparl (E) of CFR 49, P[~rl 23, as atnended. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, tile Agency shall not dtscriminate against any employee or applicant for employment because of race, age, creed, color, sea' or national origin. The Agency will take affirmative action to ensure that applicants are employed, and titat employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, bul not be limited to, the following: Employment upgrading, demotion, or Ir(lnsft,r; recruitment or recruitment advertising; layoff or termination; rates of pay or other fornzs of compensation: and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractital relationship in all its contracts in connection with the development of operation of the protect, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, constniction, demolition, removal, site improvement, or stmilar work, the Agency shall post, in consT~icuo:,~ places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. I3.20 Title VI - Civil Rights Act of 1964: The Agency will comply with all ttu, requirements imposed by Title VI of the Civil Rights Act of ~964 (78 Statute 252), the Regulations of the Federal Department of Trans'portation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: Neilher the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the prOtect or any property included or planned to be included in the project, in which any member, officer, or employee of tile Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect, if any such present or former member, oJf~er, or employee involuntarily acquires or had acquired prior to the b¢~inning of his tenure any such interest, and if such interest is i~nmediately disclosed to the Agency, the Agency with prior approval of the Departmo~t, may waive the prohibition contained in this subsection: Provided, that any such present melnber, officer Of e~t~ployee shall not participate in any action by the Agency or the locality relating to such contract, subcontraCl, or arrangement. The Agency shall insert in all contracts entered into in connection with tile project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, tile following provision: "No member, officer, or employee of the Agency or of the locality during his tenure or for' two years thereafter shall have any init'rest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be apldicable to any agreetnent between th~, ?.:,,en~'¥ and ::~ depositories, or to any agreement for utility seruict,s lhe rates for which are .!'t.~'ed or ,"nnt',,,I:,'.? i'~ i~ agency. Form 801-01 February 1992 13.40 interest of Members of, or Delegates to, Congress: No member or deb'gate to the Con,~ress of the United State.~ shall be admitted to any share or part of the Agreement or any benefi! arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Enviromnental Pollution: All Propo,qals, Plans, and Specifications Jbr ihe acquisition, conslruclion, reconstruction, inlprovemenl of facilities or eqlliplnenl, $tlall be llresenh,d to the De?mrttnenl for revieT~. In renderulg such review, thc Deparllnenl shall determine whether such ii, oilily or equ~lmlenl is des~,lled and eqlapped to in'event and control environlnenlal pollltlion. 14.20 Department Not Obligated to Third Parties: The D~?~artment shall not he oblix, ated or liabh, hereunder to any party other limn the Agency. ~4.30 When Rights anit Remedies Not Waived: 111 no evenl shall the making by thc Del~artmenl of any paylnent lo the Agency constitule or be conslrued as a laaiver by the De71artlnenl of any breach of covenanl or any default which may then exist, on Itu, part of the Agency, and the ,laki11,~, of such payment by the DcTmrllnent while any such breach or defald! stlall e:cisl slv~ll in no way impair or prejudice any ri,~hl or remedy available to the Departnlenl with rcsI~ect lo such breach or defaull. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement sMll not be affected In such an instance the remainder would then continue to Cotlforln to the terms and requirements of applicabh, law 14.50 Bonus or Commission: By execution of the Agreement ttw A,~ency rcT~res:,nts that il has not paid and, also, agrees not to~t'~ay, any bonus or commission for the purpose of oblaining an approval of its application for the financing hereunder. 1,t.60 State or Ter~qtorial Law: Nothing itl the Agreement shall require the Agency to obser2;e or enforce co~npliance with any provision thereof, perform any other aCl or do any other tl'ung m contravention of any applicable Slate law: Provided, that if any of the provisions of the Agreement violate any appbcable Stale law, the Ago~cy will al once notify the Deparunent in writing in order that appropriate changes and modifications trtay be ~nade by the Deparhnent and the Agency to the end that the Agency may proceed as soon rc~ possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that theproject facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equiptnent as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain tile project facilities and eq~ip~ent in good working order for the use, fid life of said facilities or equipment. 14.71 Property Records: The Agency agrees to nmintain property records, conduct physi£al inventor,'es and develop control systems as required by 49CFR Part 18, when apphcable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its u, seful life for any purpose exc~vt its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49CFR Part ~8 r[laling-to property management standards. The Agency agrees to remit to the Department a proportional amoun! qf thc proce,,'ds from the of the facility or equipment. Said proportional amount shall be deb'trained on thc b,;.~ic of tk,~ rat/c, Department financing of the facility or equitm~en! as provided in this A..~,ret'me~tt FOrm Felm~ary 1992 14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Dellartment and all its officers, agents or employees from all suits, actions, claitns, detnands, liability of any nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontraclors, agents or' employees or due 1o any negligent acl, or occurrence of omission or co,unission of the Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Dqmrtment or any of its officers, a,~enls or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28 Florida Slatules or any similar prow'sion of law. 15.00 Plans 'and Specifications: In the event thai Ibis Agreement involw's the purchasing of capital eququnenl or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will revicqo all ldans and specifications and will ~SSue to the Agency written approval with any approved portions of the project and comments or recommendaliot~s concerning any r~mainder of the project deemed appropriate. After resolution of these comments and recomtnendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpaymen, t by the Department as provided in paragraph 8.23. ~6.00 Agency Certification: The Agency will cerliflj itl writing prior tO project closeout that the project was completed in accordance with applicabh' plans and specifications, is itl place on the Agency facility, thai adequate title is itt the Agency and that the prOJecl is accepted by the Agency as suitable for the intended purpose. 7.00 Appropriation of Fuuds: 17.10 The Sta[[ qf Florida's performance and obligation to pay under this A,qreement is contingent upon an annual appropriation by the Legislature, 17.20 Multi-Year Commitment: In the event this Agn'ement is itt excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339. J35(2)(a), Florida Statutes, are hereby incoq~orated: "(a) 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 erpenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. The Department shall require a statement from/he comptroller of lhe Department lhat funds are available prior to entering into any such contract or other binding commitment of ,htnds. Nothing herein shall prevent the making Of contracts for a period 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 ~aid'for in succeeding fiscal years, and this paragraph shall be incotTorated verbatim itl all contracts of the Department wlfich are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year., 18.00 Expiration of Agreement: Tile Agency agrees to complete Iht, project on or before December 3:1_, 1995 l/the A2ency does not co,nplete the project within this time period, this Agreement will expire unless an extension of the time l,eriod is requested by the Agency and granted in writing by the District Secretary, District I V . £xpiration of this Agreement will be considered termination of the project and the procedure established in para,fraph 9.00 Qf Il'ns Afreement si;all be initia!~'d. Form 801-01 Februaw. 1992 19.00 Agreement Format: All words used herein in the singular form shall extend Io and include thc plural. All words used in lhe ph~ral form shall e~ctend to and include the singular. All words used in any gender slLall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be 5imtdtaneou$1y executed in a minimun~ of two counteq~arts, each of which so executed shall be deemed to be an o/'~4inaL and such COlz/ll~'~.lrl5 together shall consl[tule one [n the ~ne it~str~tnenl. 2~.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal alq~ropriaied fumls have been paid or will be paid by or on behalf of the Agency, to any person for influencing or at tempting to influence any officer or employee of any federal agency, a Member of. Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering rolo of any cooperative agree~nenl, and the exlension, continuation, rencqoal, amendment or modificat, ion of any federal contract, grant, loan or cooperative agreement. lf any fi~nds other than federal appropriated funds haw' been paid by the Agency to any person for influencing or attempting to influence an officer or emldoyee of any feden~l agency, a Member of Congress, an officer or eTnployee of Congress, or an employee ora Member of Congress in connection with this Joint Participation Agreement, lhe undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instn~ctions. The Agency shall require fha! the language of this section be included in the award documents for all subawards at all tiers (including s~'~contracts, subgrants, and colllracts i1n~;l~,r grants, loans and cooperative agreementS) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No fimds received pursuant to this coniract may be ex?~ended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document ident~)qed as Agency) 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 unless the bid .~pecifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods.or services are received, inspected and approved. Ifa payment is not available within 40 days after receipt of the invoice and receq;t, inspection and aflprobal of goods and services, a separate interest penalty of 0.03333 percent per day will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less ttum one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the pay~nent. The invoice payment requirements do nol start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been estabh'shed within the Department of Banking and Finance. The duties of this individual include acting ~ an advocate for Agencies who may be experiencing problems in obtaining timc]~ payment(s) from the Dq~artment. The Vendor Oml~l~dsmatl State Comptroller's Hotline, ~-800-848-3792 ['orm 801 .-01 February ? 9'.)2 IN WI'I"NIj.q.g i,VI~I-'.I~E(')f', the parties hereto hauc caused ttn,sc in'usenls lu' exccuh'd, lh~' tim/and .~tt'nr first nbouc AGENCY the City of Sebastian Arthur L. Firt±on TITLE: ~ayor DATE FUNDING Al)PROVED B'Y COA'IPTIZ, OLLER (SEE AT'FACI.tED ENCUMBP,,ANCE FOILM) ATTE (SEAL) 'Karhr~n M. O'gATIlo~an TITLE: City Clerk Charles I. Nash City Attorney Al: D EPA PROVED AS TO I.'01~4, ~ ~ T^dk-t~l ON DISTRICT SECRETARY OR DIRECTO?. ©r...PC4 "'~,xtINC .~ ."~-D PROGILAdVlS A'I'TEST.- ,..~'.~~.~~ ....... (SEAl_) EXECIlTI VI'~ SECR ETA l.t'}' 0 I,' .~x't-)TA Ii ~, WPI NO. 4825349 JOB NO. 88000- EXItlBIT PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Sebastian dated PROJECT LOCATION: Sebastian Municipal Airport indian River County PROJECT DESCRIPTION: Engineering for Plans and Specifications for Lighting and Overlay for Runway 4/22. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, WPI number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: WPI NO. /OB NO. 88000- EXHIBIT A (Continued) The responsibilities of the Agency and he Department are listed below: THE AGENC~Y AGREES TO _(~V. here Applicable): Obtain architectural or engineering services in accordance with the Consultant's Competiti~,e Negotiation Act, and certify compliance. Obtain the Departments participation where consultant has not been previously selected for proper items listed in this exhibit. Select the consultant, contractor and/or subcontractor with the assistance of the Department .... Submit plans and specifications for the project to the Department for acceptance, in accordance with the schedule in Exhibit "C". 4. Submit all contracts and changes to the Department for written concurrence. o Submit to the Department bid tabulations or proposals for the work, equipment or land purchases. Furnish to the Department an updated cashflow projection semi-annually, on the 15th of June, and December, until Department funds have been expended or the JPA has expired. 7. Notify the Department of the pre-design and pre-construction conferences. Notify the Department on when the final inspection will be so that a Department representative can be present. THE DEPARTMENT AGREES T.Q ,,(Where Applicable): Participate in the Consultant Competitive Negotiation Act selection process with the Agency and give approval/disapproval for the firm selected. 2. Review and offer comments/accept all plans and specifications for the project. 3. Approve or disapprove the contractor and/or subcontractor. 4. Issue a release for Notice to Proceed. o The Department will furnish a representative for the project's final inspection and will determine if the project has been comleted in accordance with the approved plans and specifications. WPI NO. 4~2~5349 .. JOB NO. 88000r 2g~:~ EXHiBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and ...The City of Sebastian I. PROJECT .COST: $59,000.00 Engineering, Plans, & Specifications II. TOTAL PROJECT COST: PARTICIPATION: Maximum Federal Participation UMTA, FAA, FRA Agency Participation In-Kind Cash Other Maximum Department Participation, Primary (D) (DS) (DDR) (DIM)(DOC)(DWP) Federal Reimbursable (DU) Local Reimbursable (DL) ( %) or ( %) ( lO.O %) ( %) ( 90.0 %) or ( %) or ( %) or $59,000.00 $ 0.00 $ 0.00 $ 5,900.00 $ o.oo $ 53,100.00 $ o.oo $ o.oo TOTAL PROJECT COST $ 59,000.00 WPI NO. 4825349 iJOB NO. 88000.- EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The ~j.ty .0.f. Sebastian dated Documents required to be submitted to the Department by the Agency in accordance with the terms of this Agreement. SUBMITTAL/CERTIFICATION Consultant seleCtion Compliance Design Submittal ** 90% 100% Construction/Procurement Contracts Safety Compliance Release for Notice to Proceed Annual Audit Reports Completion per SpeCifications BASIS FOR Ai~C,.EPTANCE Agency Attorney's Certification Department Comment Department Letter Department Letter (a) Department Review (b) Agency Certification Department letter Agency Certification Agency Certification Plans, Specifications, Engineering Reports One (1) set to be sent direCtly to Mr. Russ Tagliareni, Office of Aviation, M.S. 46, Haydon Bums Building, 605 Suwannee Street, Tallahassee, FL 32399-0450. One (1) set to be sent to Mr. irwin L. Oster, P.E., FDOT, Assistant Manager Public Transportation office, 3400 West Commercial Boulevard, Fort Lauderdale, FL. 33309- 3421.