Loading...
HomeMy WebLinkAbout11162001 1225 Main Street [] Sebastian, Florida 32958 Telephone (561~ 589-5330 [] Fax (561~ 589-5570 City Council Information Letter November 16, 2001 Grant Award from Florida Department of Transportation Aviation Section I am pleased to report that the City of Sebastian was successful in concurrently receiving two grant awards from the Florida Department of Transportation (FDOT) Aviation Section; one to finance design costs for the Runway 9-27 and Parallel Taxiway Rehabilitation Program ($140,000); the second to help finance installation of additional security gates and fencing at Sebastian Municipal Airport ($16,667). The latter project actually represents a 5% cost sharing allocation from FDOT, to match a programmed $300,000 or 90% contribution from the Federal Aviation Administration (as referenced in Exhibit "B" of the attached Agreement). Both Joint Participation Agreements will be presented for consideration to authorize during your November 28th meeting. AT&T Broadband Cable Operation Adjustments By now, you all may have received copies of the attached letter as addressed to Mayor Barnes from Michael E. Tanck, Director of Franchising and Government Affairs, AT&T Broadband, relative to operation adjustments to impact the Sebastian Area, notably the establishment of a toll free, 24 hour a day, 7 day a week call center (effective Monday November 19th). Both General Services Administrator Paul Wagner and I met with company representatives a few days ago to discuss respective dynamics. Interestingly, the call center is based in Miramar, Florida (southwest Broward County), whereby a specific staff team has been assigned to specifically address Sebastian Area customer concerns. We also had the pleasure of addressing issues relative to the existing cable communications tower in Sebastian (per oral presentation during your September 26th meeting). Installation Manager Larry Johnson explained to me that the Sebastian tower was recently condemned due to its existing City Council Information Letter November 16, 2001 Page 2 dilapidated condition. A replacement tower is therefore anticipated for installation in the coming months, as part of the company's capital improvement program. Once this project is implemented, additional channels can be added to the Sebastian system, an idea being to provide services more similar to what is provided in Vero Beach and other east coast Florida communities. The Sebastian office in Washington Plaza will remain, as the aforementioned changes are not anticipated to disrupt customer ability to visit company representatives in person. Any additional questions and/or concerns regarding this matter can be addressed by contact Mr. Johnson by calling (561) 589-5122. Delivery of Clock Tower Director of Public Works Terry Hill informed me earlier this week that Electric Time has established a shipping date for the Sebastian Clock Tower. The clock is to be shipped from the Electric Time assembly facility in Medfield, Massachusetts Monday November 26th. Arrival is therefore anticipated a couple days or so later, whereby Department of Public Works staff will be positioned to facilitate installation immediately thereafter. A ribbon cutting ceremony will therefore be schedule to commemorate this accomplishment, to include invitations to the former 75th Anniversary Celebration Committee, donors as well as the general public. I anticipate making a respective announcement during your November 28th meeting. Fundraisers at Sebastian Municipal Golf Course. Sebastian Municipal Golf Course will host a fundraiser tournament Saturday December 15th from 8;00 a.m. until 4:00 p.m. Proceeds will benefit the City of Sebastian's annual United Way of Indian River County contribution campaign, the Indian River County Humane Society and the Sebastian Junior Golf Academy. This arrangement is actually consistent with our organization's efforts to participate in more philanthropic activities, as well as an opportunity for positive public relations. The attached flyer will therefore be circulated from various facilities in the community. Hopefully, a solid participation base will result, despite other numerous event scheduled during this weekend. City Council Information Letter November 16, 2001 Page 3 City Engineer Ralph Brescia Please be advised that City Engineer Ralph Brescia will be resigning from the City of Sebastian effective Monday December 31, 2001. This decision is an amicable one between both he and I, as he has recently expressed an interest to get involved with community service activities and various family matters. Although I am somewhat disappointed that this relationship did not last as long as I initially planned, I also feel that this arrangement will be beneficial to both Ralph and to our community. As such, I will be initiating a new recruitment process early next week, whereby I look forward to appointing a professional engineer who also possesses background in stormwater management, the idea being to employ an individual to also manage and oversee stormwater enhancement related capital improvements as a result of the master plan anticipated for adoption next year. During the remainder of Ralph's tenure, arrangements will be made to initiate and complete various civil engineering projects currently underway, including the next phase of the City's street resurfacing program, as well as the Barber Street and Schumann Drive intersection widening effort to accommodate traffic signals to be installed in the near future. I will of course keep you abreast as to our staffing efforts. However, as with any upper echelon level position, an actual appointment may take a few months. Happy Thanks.qivinR As unbelievable as it may seem, Thanksgiving rapidly approaches. As such, no Information Letter will be delivered next week. However, your November 28th meeting agenda will be forwarded to you Wednesday November 21st. To all of you and your families, have a happy and safe Thanksgiving weekend. I for one will be hosting dinner at my house (the in- laws again) with no plans to leave the area during this extended weekend. You may therefore feel free to contact me at home should the need arise. Enclosure(s): Award Letter and JPA Copies from FDOT Aviation Section Letter from Michael E. Tanck, AT&T Broadband Memorandum from Greg Gardener, Golf Course Fundraiser Flyer, Golf Course Fundraiser Letter of Resignation from Ralph Brescia My Documents/InfoLetter112 JEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF MODAL DEVELOPMENT * AVIATION SECTtON 3400 Wesl Commercial 6outevard * Foal Lauderdale, Ftofida 33309-3421 · (954) 777~490 TI~OMAS E BARRy, JR. SECRETARY November 8, 2001 Mr. Jason Milewski Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Milewski: Enclosed are six (6) copies of Joint Participation Agreements (JPA) for the following projects: Fin. Proi. No, 412976-1-94-01 412975-1-94-01 Description Design Rehab of Runway 9/27 & Parallel Taxiway Install Security Gates & Fencing Five (5) copies are to be signed and returned to this office for further processing. The sixth copy may be retained for your files until the JPA has been fully executed. We will also need two (2) copies ora Resolution, with original signatures, authorizing the signing of the/~greement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution by the District Secretary. Should you have any questions regarding this Agreement, please call me at (954) 777-4404. encl CC: Sincerely, Rebecca L. Rivett Aviation Coordinator Office of Modal Development Nancy Bungo, DistTict Modal Development Administrator Larry Merritt, Intermodal Transportation Manager Files www,dot.state.fl.us (~ RECYCLED PAPER Florida Market November 9, 2001 ....... AT&T Broadband ~]()9 N P;ne Island Road Sul[e 1130 Plantation, Fie'ida 33324 The Honorable Walter Barnes City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mayor Barnes: I wdte today to inform you of additional activities we are undertaking to integrate the fonmer Charter cable system into the AT&T Broadband operations. First, effective November 19, 2001 we are expanding our phone answering hours. Under Charter, phone representatives were only available 8:30 a.m. until 5:00 p.m. Monday through Friday with calls going to an answering service after hours. Now, customers will be able to speak with an AT&T Broadband representative 24 hours a day, 7 days a week. To accomplish this we will be remuting the calls to our South Florida call center~ From 11/19 through 12/19, the existing number will be redirected to the call center, but alter 12/19, the customer will need to call toll free 888-824-8642. We will notify all customers of this change with messages on their bills. Second, we need to make a change to the customer's bill. We will be changing the customer's account number from a Charter account numbor to an AT&T Broadband account number. This activity will begin on December 14, 2001 and will continue through each of the billing cycles during the month. This change will have no financial impact to the customers' bill, only a new account number. We also will be notifying the customer of this change with a message on their bill. If you have any questions about these activities, please do not hesitate to contact me at 954 266- 6595. Sincerely yours, Michael E. Tanck Director of Franchising and Government Affairs CC: Terrence Moore, City Manager Recycled Paper To: Mr. Terrence R. Moore, City Manager From: Greg Gardner, Director of Golf- Sebastian Golf Course f~j~r~''~ Date: November 8, 2001 RE: Fund Raiser Date of Fundraiser: December 15th, 2001 Time: 8 AM to 4 PM Type of Fundraiser: "Free ten (10) minute golf lessons from Director of Golf Greg Gardner, Head Golf ProfessionaltMichael Nichols, and Assistant Golf Professional Ryan Johns. A minimum donation of $5 will be requested. The monies raised would be split as follows: 40% to *Indian River County United Way 40% to Vero Beach (Indim~ River County) Humane Society 20% to Sebastian Junior tSolf Academy * Golf Professional Staff would like monies raised for United Way to be applied to the following: *Dental Program for needy children *Healthy Start Program *Pre-Kindergarten E. I. Program * Sneaker Exchange Monies will be distributed immediately after the free lessons end. Representatives from United Way and Humane Society will be on site to collect their share. FREE LESSONS / FUNDRAISER Date of Fundraiser: December 15th, 2001 Time: 8 AM to 4 PM Type of Fundraiser: "Free ten (10) minute golf lessons from Director of Golf Greg Gardner, Head Golf Professional Michael Nichols, and Assistant Golf Professional Ryan Johns. A minimum donation of $5 will be requested. The monies raised would be split as follows: 40% to *Indian River County United Way 40% to Vero Beach (Indian River County) Humane Society 20% to Sebastian Junior Golf Academy *Golf Professional Staff would like monies raised for United Way to be applied to the following: *Dental Program for needy children *Healthy Start Program *Pre-Kindergarten E. I. Program * Sneaker Exchange RACP N. B scl^, ?.E.. 485 E. SATELLITE 5EACH, FL 52_957 Nove[~ber 9, 2001 Mr.Terrence Moore City Manager City of Sebastian Dear Mr. Moore~ This is to announce that i ~ resigning from the City o~ Sebastian e~fective December 31, 2001. ~ sed on ~ personal decision which please be assured that this _sba - ~4~n community service, will allow me to spend more time per,or ...... in light tending to ~amily ma~ters, a~d becoming involved consulting engineering work, in a semi-retirement mode. During the past fifteen months being employed by this fine city, I was fortunate to have worked with a dedicated and cengenia! staff, along with excellent cooperation from the public Works Department in completing numerOu~projectS, including recreational facilities, roadway and sidewalk projectS, site plans, and traffic safety projectS- I was particularly inspired by ~our tireless efforts of grant funding and aggressive pursuing of many engineering projectS. I was proud to serve the city and I am confident that this good reputatiOn will soon 'be known statewide. City Engineer STATE OF FLORIDA DEPARTMENT OF TRANSpORTATiON PUBLIc TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 412975-1-94-01 Contract NoL___ Fund: DS Function: 637 FLAIR Approp.* 088719 Federal NO: ~ Org. Code: CataJ°g°fFederaIDomestiCAssistanceNumber: Vendor No: VF596000427008 ~ day of, by and between the STATE OF FLORIDA DEPARTMENT ,-. .... ~, hereinafter referred to as the Department, and '"~- ft~;ANSPORTATiON, an agency of the .State of Flodda, -------- Ci of,Sebastian hereinafter referred to as the AGENcy. WITNESETH: WHEREAS, the Agency has the authority to enter into sa~d Agreement and to Undertake the PrOject hereinafter described, and the Department ' ' ' has been granted the authority to function adequately in all areas of appropriate jurisdiction inc/~ding the Jmp. lementation of an integrated and balanced transportation system and is authorized Under~ Florida Statutes, to enter rotc this Agreement; NOW, THEREFORE, in Consideration of the mutual COVenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement. The purpose of this Agreement is to Install Security Gates & Fencing. as further described in Exhibit(s) A B & Ca of, hereinafter referred to as the sa.d condt ......... ache he -, ........ ..+ ..:. ,~ .-.o upon W'mch suh ~o..;_._ .-, ~.,uvloe Departmental . ,.-... ~.,,u oy mis reference made a · -, ,~. ~e Undertaken and c-.~'-~"~°'~nce w~ll be preY/de-~ ..... financial asslstancetot~.~^_ part ,.., ~,pte~eo. ,~ ,=.u [ne understand n .... , ,~ ~ency and state the u~ ~s ~o the manner in Which the FORM 72~030-06 Page 2 of 12 2.00 Accomplishment ofthe Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $_ 333,334.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $. 16,667.00 as detailed in Exhibit "B", or in an amount equal to the pementage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (ie) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (is-) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared bytheAgencyand approved bythe Department. The Agency shall maintain said budget, cam/out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requiremen~ established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6,20 Payment Provisions: Unless otherwise allowed under paragraph 4,20, payment will begin in the year the proiect or project phase is scheduled in the work pro~ram as of the date of the agreement. Payment mil be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 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 Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds 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 secudty 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 eligible 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 propedy executed payrolls, time 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 respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a propedy signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, Orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and~ 'to the extent feasible, kept separate and apart from a other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records .demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is ~ssued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additiona~ audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions orOMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725~30-0B PUBLIC TRANSP ADMIN Page 4 o112 The Agency agrees to allowthe Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Cimular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~h Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number a nd year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land orfor the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.'10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, Distdct Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdal~, Flodda, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants wes accomplished in compliance with ali federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Deparl~nent's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Utigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agen(~y providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for Jn the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resurdng from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract 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 cf the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its 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 all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing ia to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carded out in conformit7 with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may other~vise have adsing out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Flodda Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, matedats, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the dght to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Ftorida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomeyshall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12,31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated dudng employment, without regard to their race, age, creed, color, sex, or national odgin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. TheAgency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies orraw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commemial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous 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. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply v~th all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of t990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 72~-030-06 PUBLIC TRANSP ADMIN Page 8 of 12 13.50 Prohibited Interests: Neither theAgency nor any of its contractors or theirsubcontractors shallenterinto any contract, subcontract, or arrangement in connection with the project or any properb/ included or planned to be included in the project, in which any member, officer, or employee of the Agency dudng his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired pdor to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the 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, the following provision: "No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its §scal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a ce~fication bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the secudng of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated orliable hereunder to any party other than the Agency. 14.30 When Rights and Remedies NotWaived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 14.40 HowAgreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue io conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 Stats or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law:. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 UseandMaintenanceofProjectFacilitiesand Equipment: TheAgencyagreesthattheprojectfacilities and equipment will be used by the Agency to provide or support public transportation for the peded of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual indemnity: To the extent provided by law, the Agency 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 adsing out of any act, error, omission, or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees dudng the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Flodda Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (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 expenditure dudng 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 pdor to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for pedods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Flodda Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total apprepfiations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Flodda Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In theevent thatthisAgreement involves the purchasingofcapitalequipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covedng the project. The Department will reviewall plans and specific~ions and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and racommendations to the Department's satisfaction, the Department will issue to the Agency whiten approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. t7.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term fora pedod of more than one year, the provisions of Chapter 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(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 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 pdor to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than I year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. '19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting 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 into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an 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 this Joint Participation Agreement, the undersigned shall complete and submit Standard FomYLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. FORM 725q~30-06 PUBLIC TRANS p ADMIN 07/01 Page 11 of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. agency.2'1.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state 22.00 Vendors Rights: Vendors (in this document identified 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 specifications, purchase order or contract specifies othenNise. 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 receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor 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. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the foltowing is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme 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 ent ty, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract With any pub c entity, and may not transact business with an Ublic en i' ' ?reshold. amount prov!ded in s. 287.017 for CATEGORY TWO for a "~dod ~' ....... Y p .... tty ,.n excess of the [ne convicted vendor hst." ~-~ u~ oo f .un[ns from the oaze of being placed on 24.00 Discrimination: 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. Financial Project No. Contract No. Agreement Date 412975-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) Fin. Proj. No.: 412975-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Install Secudty Gates and Fencing 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, Financial Project 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: N/A Fin. Proj. No.: 412975-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and City of Sebastian L TOTAL PROJECT COST: 11. PARTICIPATION: Federal Participation: FAA, F fA, UMTA, etc. Agency PartidpatJon: Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PC)RD Federal Reimbursable (DU) (FRA) (DFTA) =. Local Reimbursable (DL) III. TOTAL PROJECT C(~T: 5.00% 5.00% $0 $16,667 $0 $16,667 Exhibit C Page 1 of 2 Fin. Proj. No.: 412975-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transpor[ation and City of Sebastian Documents required to be submitted to the department by the Agency in accordance with the terres of this agreement. SUBMITTAL/CERTIFICATION Consultant Selection Compliance Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Construction/Procurement Safety Compliance Release for Notice to Proceed AnnualAuditReports Completion Per Specifications Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification BASIS FOR ACCEPTAN~-~ Agency Attorney's Certification Engineer Certification** * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 1 lx17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ** Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITER!A Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proj. No.: 412975-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulam · Florida Department of Transportation Standards of Design for General Aviation Pmiests · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 412976-1-94_01 Fund: ~ --------- 0tem-seg~ FLA~RApprop: 088719 Function: __637 FLAIR Ob.L: 750004 Contract No:~ -- . . Federal No: N/A Cat~,'og cf F~ der-, I Dorr e~ tcA".ss'~nce Nun l:e~.. N/A.__._.~_~~ Ca~a'og cfSt~e Finand~JA.~sJst~rce N~ THIs AGREEMENT, made and entered into this by and beNveen the STATE OF LORIDA DEPARTMENT O- F -----------____ day of, hereinafter referred to as the Department, and~ATION' an agency of the State of Florida, hereinafter referred to as the AGENCY. WITNESETH: WHEREAs, the Agency has the authority to enter into said Agreement and to Undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate Jurisdiction including the implementation of an integrated and baJanced transportation system and is authorized Under~ FJodda Statutes, to enter into this Agreement; NOW, THEREFORE, in Consideration of the mutual COVenants, Promises and representations herein, the Part/es agree as foJJows: Purpose of Agreement-:. The purpose of this Agreement is to Design Rehabilitation of Runway 9/27 & Proposed ParalJeJ TaxJway eof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the ns and Cond/tions Upon which attached h~reto a. nd by thru reference made a part ect will be Undertaken and COmpleted. such assistance will be provided and the Understandings as to the manner in which the 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit"A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, ali actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $. 175,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 140,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibili~: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authorf[y becomes available. 4.20 Front End Funding: Front end funding (!=) lis not) app ~cable. Ifapp icable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (is-) (is not) applicable. If applicable, NIA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Depadment upon request any time during the period of the Agreement and for three years after final payment is made. 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 Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and a~l other funds provided for, accruing to, or othen~se received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds 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 Depa~ment, 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 eligible 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, time 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 respect to any item which is or wilt be chargeable against the project account will be drawn only in accordance with a propedy signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.6'I Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or Program-specific audit conducted in accordance wffh the provisions orOMB CircUlar A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. FORM 725~330-O6 PUBLIC TRANSP ADMIN O7/01 Page 4 of 12 The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Cimular A~133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency, if the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal Program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Flodda Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". FORM 72~030-06 PUBLIC TRANSP ADMIN 8.00 Requisitions and Payments: 8.10 Action by the Agency: ~n order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderda el Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Deparb~ent's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will e~xclude 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 project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. PUBLIC TRANSP ADM~N Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed p u rsuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which Jt has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: Ifthe Agency abandons or, before completion, finallydiscontinues 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 Department will, by written notice to the Agency, suspend any or all of its 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 all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Flodda Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment; 'or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construct[on or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the dght to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. FORM 725~30-06 PUBLIC TRANSP ADMIN 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythe parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. in this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, wfthout regard to their race, age, creed, color, sex, or national odgin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commemial 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 materfals. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous 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. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vlll of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 725-030~6 PUBLIC TRANSP ADMIN 07/01 Page 8 of 12 13.50 Prohibited Interests: Neither theAgency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency dudng his tenure or for two years thereafter has any interest, direct or indirect, if any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the 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, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this s u bsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the secudng of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 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 shall not be affected. In such an instance the remainder wou}d then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project 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 equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of Said facilities or equipment. FORM 7~5-030q36 PUBLIC TRANSP ADMIN 07/01 Page 9of 12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14,80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility orequipment dudng its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency 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 act, error, omission, or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense adsing out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees dudng the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (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 expenditure dudng 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 pdor to entedng into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Flodda Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Flodda Statutes. VVhen either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropdata plans and specifications coveting the project. The Department will review all plans and specifications and will issueto the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations 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 nonpayment by the Department as provided in paragraph 8.23. FORM 725-03C~0B PUBLIC TRANSP ADM~N 07101 Page 10 of 12 16.00 Project Completion, Agency Certification: The Agency will certif~ in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose, '17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedc~ of more than one year, the provisions of Chapter 339.135(6)(a), Flodda Statutes, are hereby incorporated: "(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 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 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a pedod of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2003 . If the Agency does not complete the project within this time pedod, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretap/, Distdct Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an edginal, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federar 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 into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an 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 this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 2'1.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified 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 specifications, purchase order or contract specifies othen~ise. 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 orthe goods or services are received, inspected and approved. if a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Sect[on 215.422(3)(b) 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 than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a propedy completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptreller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) '% person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cdme 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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24,00 Discrimination: 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. FORM 725-~G0-06 PUBLIC TRANSP ADMIN Page 12 of 12 Financial Project No. Contract No. Agreement Date 412976-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTEST: TITLE: .(SEAL) APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) Fin. Proj. No.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" 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 City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Design Rehabilitation of Runway 9/27 and Parallel Taxiway 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, Financial Project 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: N/A Fin. Proj. No.: 412976-1-94-01 Contract No.: Agreement Date: 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 City of Sebastian I. TOTAL PROJECT COST: $175,000 II. PARTICIPATION: Federal Partidpation: FAA, FTA, UMT'A, etc. Agency Participation: Other Maximum Department Participation: Primary (D~) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 0.00% $0 20.00% 80.000/0 III. TOTAL PROJECT COST: $175,000 Exhibit C Page 1 of 2 Fin. Proj. No.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 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* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Construction/Procurement Safety Compliance Release for Notice to Proceed Annual Audit Reports Completion Per Specifications * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 1 lxl 7 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification BASIS FOR ACCEPTANCE Agency Attorney's Certification Engineer Certification** Criteda for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. Exhibit C Page 2 of 2 Fin. Proj. No.: 412976-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Padicipation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. FP No.: 412976-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. GENERAL These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full fome and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. Ill. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient dghts and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway improvement Act of 1982, or successive legislation; the r~gulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requiras compliance therewith. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. It will make its airport available as an airport for public use on fair and reasonable terms. It will permit no exclusive dghts for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon.