HomeMy WebLinkAboutR-13-37RESOLUTION NO. R -13 -37
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR
HANGAR CONSTRUCTION AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING
FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide funding
for Hangar Construction at the Sebastian Municipal Airport; and
WHEREAS, the City of Sebastian agrees to certain conditions to such funding;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT for Project No. 425720- 1 -94 -01 on behalf of the City, and is attached
hereto.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
Coy
The motion was seconded by Council Member Wright
put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Don Wright
Council Member Andrea B. Coy
Council Member Jerome Adams
Council Member Jim Hill
aye
aye
aye
aye
aye
and, upon being
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd
day of October 2013.
CITY OF SEBASTIAN, FLORIDA
B Y /�w
Mayor Bob McPartlan
ATTEST:
J'A '� �y Approved as to form and legality for
______ reliance by the City of Sebastian only:
Sally A. , aio, MMC
City Clerk
Robert A. Ginsburg, City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 -030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
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JOINT PARTICIPATION AGREEMENT Paget of 14
Financial Project No.:
425720- 1 -94 -01
(item - segment- phase-sequence)
Contract No.:
CFDA Number:
Fund: DPTO
Function: 637
Federal No.:
DUNS No.:
Agency DUNS No.:
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
CSFA Number: 55.004
I CFDA Title: CSFA Title:
.01r
THIS AGREEMENT, made and entered into this_6Lday of /Vo -, P rr► -es
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Sebastian
202 Airport Drive East Sebastian, FL 32958
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 12/31/2015 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
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 balanced transportation system and is authorized under
332.006(6)
Florida Statutes, to enter into 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
Construct Hangars
and as further described in Exhibit(s) A.B.0 & D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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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 this Agreement, 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. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards
completion.
3.00 Project Cost: The total estimated cost of the project is $ 875.000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. 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 $ 700.000.00 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 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 Section 17.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received
the required approval of the Department 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 ❑ is 0 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.
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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 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 Section 4.00 of this Agreement, or
Amendment thereto, and is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed, 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". Records of costs incurred under terms
of this Agreement shall be maintained in the project account and made available upon request to the Department at all
times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents
and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general
accounting records and the Project records, togetherwith supporting documents and records, of the Agency and all
sub - consultants performing work on the Project and all other records of the Agency and sub - consultants considered
necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of
the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
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 will be chargeable against the project account will be drawn only in accordance with a properly 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 Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or
Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five 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.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-1 33 as revised and
Section 215.97; Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site
visits by Department staff, limited scope audits as defined by OMB CircularA -133 as revised, and /or other procedures.
The Agency agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency
agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit.
The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non - profit organizations as defined in OMB
Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB CircularA -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. 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.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part 111 Other Audit Requirements
1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does 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 other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133 as revised, as revised, and
required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB
Circular A -133 as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133 as revised, submitted to the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular
A -133 as revised.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A -133 as revised is not required to be submitted to the Department for
reasons pursuant to section .320 (e)(2), OMB Circular A -133 as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal
awards directly to each of the following:
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
In addition, pursuant to Section .320 (f), OMB Circular A -133 as revised, as revised, the recipient shall submit a copy
of the reporting package described in Section .320 (c), OMB Circular A -133 as revised, and any management letters
issued by the auditor, to the Department at each of the following addresses:
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
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3. Copies of financial reporting packages required by Section 7.62 Part 11 of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard Fort Lauderdale, FL 33309
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215.97, Florida
Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of
the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
CircularA -133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the
Agency in correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related 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.
7.65 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. The Department may waive or modify this section as appropriate.
8.00 Requisitions and Payments:
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8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale. FL ,
FL,
33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established
in Exhibit "A ". Each deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion.
8.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit "A ". Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
8.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit "A" has been met.
8.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and
shall be submitted on the Department's Travel Form No. 300- 000 -01. The Department may establish rates lower than the
maximum provided in Chapter 112.061, F.S.
8.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) 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 Department'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, including any and all
federal financial assistance as detailed in Exhibit "B."
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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, after the expiration date of this Agreement, costs
which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or
services received under a contract or other arrangements which have not been approved by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
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 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 Sections 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) 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 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 right 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, F.S. and made or received in conjunction with this Agreement.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Departments 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: The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the
Department must exercise the right to third party contract review.
12.20 Procurement of Personal Property and Services
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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 287.055, F.S., 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 Chapter 287.055 F.S., the Consultants'
Competitive Negotiation Act.
12.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves the purchase of commodities
or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which
includes engineering, design, and /or construction activities, where purchases or costs exceed the Threshold Amount for
CATEGORY TWO per Chapter 287.017 F.S_, is contingent on the Agency complying in full with the provisions of Chapter
287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual
services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency
to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts,
purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the
current budget contained in Exhibit "B ", or that is not consistent with the project description and scope of services
contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval,
and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the
Department as provided in Section 8.23.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: 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 origin or sex in the award and performance of Department assisted
contracts.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved
by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.)
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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, without regard to their race, age, creed, color, sex, or national origin. 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 standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, 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.
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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 (42 U.S.C. 2000d
et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 Title Vlll - 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 VIII of the Civil Rights Act of 1968, 42 USC 3601,et
seq -, which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed,
sex, and age.
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 (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project
or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an
officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's
spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit
arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the
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 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 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 right or remedy available to the Department with
respect to such breach or default.
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14.40 How Agreement Is Affected by Provisions Being Held Invalid: if any provision of this Agreement is Page 11 of 14
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would 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 enforce
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.
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 arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during 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 arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Departments failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
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15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the Page 12 of 14
constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an
Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans,
specifications, construction contract documents, and any and all other engineering, construction, and contractual
documents produced by the Engineer, hereinafter collectively referred to as "plans ", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans
and specifications to the Department for review and approvals.
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.
17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., 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 period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
12/31/2015 . 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
. Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 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:
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g y g 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 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.
21.20 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 otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. 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.
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 Section 215.422(3)(b), F.S. 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 properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. 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 (850) 413 -5516 or by calling the Division of Consumer Services
at 1- 877 - 693 -5236.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017, F.S. 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.
25.00 E- Verify:
Vend ors /Contractors:
1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the Vendor /Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
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Financial Project No. 425720- 1 -94 -01
Contract No.�
Agreement Date ,l',f Z
Y
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City Of Sebastian
AGENCY NAME
Al dinner
SIGNATIRY (PR JED OR TYPED)
FOOT
See atta hed Encumbrance Farm for date of Funding
Approrl. Comptroller-
LEGAL REVIEW
DEPARTMENT OF
Gerry O'Reilly
DEPARTMENT OF
City 44anager
Director of Transportation Development
TrrLE TITLE
ATTEST:
f
Sally A. Mai , City Clerk
Paga 14 of 14
Fin. Proj. No. Iqtl� Sz /
Contract No: 425720- 1 -94 -01
Agreement Date: /J 3
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
The City of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Construct Hangers
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.
The plans and specifications review required in paragraph 15.00 of the Agreement shall
include an Engineer Certification and compliance with Department requirements as outlined
in Exhibit "C ".
COMPLIANCE WITH LAWS
The Vendor shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a
public agency the Vendor shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the Department in order to perform the services being performed by the Vendor.
(2) Provide the public with access to public records on the same terms and
conditions that the Department would provide the records and at a cost that does not exceed
the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to
the Department' all public records in possession of the Vendor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be
provided to the Department in a format that is compatible with the information technology
systems of the Department.
This language should be included in any agency agreements associate with work or services
under the Joint Participation Agreement.
Failure by the Vendor to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the Department. The Vendor shall promptly provide the
Department with a copy of any request to inspect or copy public records in possession of the
Vendor and shall promptly provide the Department a copy of the Vendor's response to each
such request.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and measurable
deliverables. Each deliverable must specify the required level of service to be performed and
the Department's criteria for evaluating successful completion. The items must be submitted
and approved through the Florida Aviation Database http://www.florida- aviation-
database.com/ filed under the appropriate Financial Management (FM) number to meet the
deliverable requirements. The deliverables must be received and accepted by the
Department prior to the payment of services. The Department of Financial Services Internet
link below provides guidance on clear and comprehensive scopes and deliverables
development. The scope of work and deliverables are specifically addressed in chapter 3:
http: / /www myfloridacfo. com/ aadir/ docs/ ContractandGrantManagementUserGuide .pdf
Narrative Build Hangar "C"
Justification Duplicate of Hangar(s) A & B needed for anticipated growth
SCOPE OF SERVICES
Design Phase
The Agency must submit a signed copy of an agreement between the Agency
and its third -party consultant, incorporating the scope of services and schedule of
values which have been approved by the Department. The scope of services
must include or incorporate by reference a schedule of values that will be used to
approve payments to the third -party consultant. The scope of services and
schedule of values must be approved in writing by the Department before the
Agency enters into an agreement with its third -party consultant. The schedule of
values shall be a complete and detailed itemization describing each subcategory
of work and related pay items and their associated total value, quantity, unit of
measurement and unit price /cost. The consultant should invoice the Agency on a
regular basis using the approved schedule of values and one of the following
methods:
a. Percentage Completed. For this method the consultant's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for the item, the percentage
competed for the item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the consultant's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for each item, indicate which task
have been completed, and the dollar value for each task completed.
2. The Agency shall sign each invoice submitted to the Department and certify
thereon that the Agency has verified that the percentages of and /or task
completions are correct and that the amounts indicated on the invoice are correct.
3. Any change(s) to the approved scope of services or schedule of values will
require a change order approved by the Department, and signed by the Agency
and the third -party consultant. Invoices incorporating unapproved changes cannot
be submitted by the Agency or paid by the Department. Invoices submitted to the
Department with any unapproved charges will be rejected by the Department.
Construction Phase
4. The Agency must submit a signed copy of an agreement between the Agency
and its contractor, incorporating the scope of services and schedule of values
which have been approved by the Department. The scope of services must
include or incorporate by reference a schedule of values that will be used to
approve payments to the contractor. The scope of services and schedule of
values must be approved in writing by the Department before the Agency enters
into an agreement with its contractor. The schedule of values shall be a
complete and detailed itemization describing each subcategory of work and
related pay items and their associated total value, quantity, unit of measurement
and unit price /cost. The contractor should invoice the Agency on a regular basis
using the approved schedule of values and one of the following methods:
a. Percentage Completed. For this method the contractor's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for the item, the percentage
competed for the item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the contractor's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for each item, indicate which task
have been completed, and the dollar value for each task completed.
5. The contractor should submit their pay request to the Agency's project inspector
for approval using the standard "Application and Certificate for Payment' form.
The Agency's project inspector will review and approve the contractor's pay
request certifying the percentage of completion and /or quantities are correct.
6. The Agency shall sign each invoice submitted to the Department and certify
thereon that the Agency has verified that the percentages of and /or task
completions are correct and that the amounts indicated on the invoice are correct.
7. Any change(s) to the approved scope of services or schedule of values will
require a change order approved by the Department, and signed by the Agency
and the contractor. Invoices incorporating unapproved changes cannot be
submitted by the Agency or paid by the Department. Invoices submitted to the
Department with any unapproved charges will be rejected by the Department.
Financial Project No. 425720- 1 -94 -01
Contract No. 44 ?t:.7 7
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
202 Airport Drive East Sebastian, FL 32958
referenced by the above Financial Project Number.
1. PROJECT COST: $875,000.00
TOTAL PROJECT COST: $875,000.00
II. PARTICIPATION:
Maximum Federal Participation
FAA
Agency Participation
In -Kind
Cash
Other
Maximum Department Participation,
Primary
( 0 %) or $ 0.00
( 20 %) or $ 175,000.00
( %) or $
( %) or $
DPTO ( 80 %) or $ 700,000.00
Federal Reimbursable ( %) or $
Local Reimbursable ( %) or $
TOTAL PROJECT COST: $875,000.00
Page 1 of 1
Financial Project No. 425720- 1 -94 -01
Contract No. �a
Agreement Date 3
EXHIBIT "C"
AVIATION PROGRAM 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
202 Airport Drive East Sebastian, FL 32958
A. General
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the
useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,
or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on
the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with
state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action
that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to
the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title: 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.
2. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the
Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others
which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the
Department.
b. If an arrangement is made for management and operation of the airport by any agency or person other than the
Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport
will be operated and maintained according to applicable federal and state laws, regulations, and rules.
3. Hazard Removal S Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at
the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise
mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
Pagel of 7
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances
that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and
limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be
affected by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and /or disapprove any attempted change in local land use
regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible
land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances,
codes, rules, regulations, and amendments, including proposed and granted variances thereto.
5. Consistency with Local Plans: it will take appropriate actions to have the current airport master plan adopted into the
local government comprehensive plan at the earliest feasible opportunity.
6. Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite
areas owned or controlled by the Agency for airport purposes and proposed additions thereto;
(2) 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) Location of all existing and proposed non - aviation areas and of all existing improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval
of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities
that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion
of the Department, adversely affect the safety, utility, or efficiency of the airport.
7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self - sustaining as possible under the circumstances existing at the particular airport taking into account
such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or
otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport;
the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise
mitigation purposes on or off the airport.
9. Financial Plan: It will develop and maintain a cost - feasible financial plan to accomplish the projects necessary to achieve
the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master
plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding
and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates
contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web
site. The JACIP Online information shall be kept current as the financial plan is updated.
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the
airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as
may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures
that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any
proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Department_ The
Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary
periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein
shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the
Agency.
11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public.
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further,
it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years
after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may
request a one -year extension of this two -year time period. The District Secretary shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that
portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances
in the Agreement without approval by the Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's
employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific
consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the
Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional
services.
17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways,
taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and
freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services,
emergency services, terminal facilities, maintenance, repair, or storage.
18. Project Development: All project related work will comply with federal, state, and professional standards; applicable
Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14 -60,
Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
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4 EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications.
2. Reports: Furnish the Department with such periodic project and work activity reports as required.
3. Public Information: Make such material available for examination by the public. No material prepared under this
Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport
master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes
computer -aided drafting (CAD) files of the airport layout plan.
b. Developing a cost - feasible financial plan, approved by the Department, to accomplish the projects described in the
airport master plan or depicted in the airport layout plan. The cost - feasible financial plan shall realistically assess
project phasing considering availability of state and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system.
c. Entering all projects contained in the cost- feasible plan out to twenty years in the Joint Automated Capital
Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning
material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the
Department to approve any pending or future application for state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.;
chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S.
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the
land interests.
b. Securing written permission from the Department to execute each agreement with any third party.
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after
completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
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a EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
e. Collecting and disbursing federal, state, and local project funds.
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase
according to Chapter 332, F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land
purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14
calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar
days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve
normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the
loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less
than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no
reimbursement to the Department shall be required.
4. New Airports:
a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or
amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the
completion of the project.
b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting
taxiway within one year of the date of land purchase.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within
ten years after the acquisition date.
6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development
purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the
airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and
policies.
b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal
Aviation Administration advisory circulars.
c. The project complies with all applicable building codes and other statutory requirements.
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A o EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
d. Completed construction complies with the project plans and specifications. Such certification must include an
attestation from the Engineer that the project was completed per the approved project plans and specifications.
2. 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 is 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 Exhibits "A" and "B" 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 requirements per chapter 14-60, Florida Administrative Code, Airport Licensing,
Registration, And Airspace Protection
• Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports
• Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly
referred to as the Florida Greenbook
• Manual on Uniform Traffic Control Devices
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.
3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the
Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may
require cost and progress reporting by the Agency.
4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the
airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use
such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the
airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that
government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that
apply to the Agency. The agreement and changes
Page 6 of 7
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is
substantial non - compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an
agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take
steps to enforce the agreement if there is substantial non - compliance with the terms of the agreement.
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a. ° . r Financial Project No. 425720- 1 -94 -01
Contract No. ,2
Agreement Date
EXHIBIT "D"
FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below_ If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc... )
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title)
Compliance Requirements
STATE RESOURCES
State Agency
Florida Department of Transportation
Compliance Requirements
Activities Allowed:
Airport Planning
Catalog of State Assistance (Number & Title)
55.004
Amount
Amount
$700,000.00
Airport Planning Grants are to study options for airport development and operations. The Department funds airport master
plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport
promotion. Examples of projects are:
- Master plans and ALPs;
- Master drainage plans;
- Environmental assessments (EA);
- Development of regional impact (DRI);
- Operations and emergency response plans;
- Federal Aviation Regulations (FAR) Part 150 noise studies;
- Environmental impact studies (EIS);
- Wildlife hazard studies;
- Feasibility and site selection studies;
- Business plans;
- Airport management studies and training;
- Air services studies and related promotional materials.
(FDOT Aviation Grant Program Handbook)
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
Page 1 of 3
A 4'
EXHIBIT "D"
- Air -side capital improvement projects (runways, taxiways, aprons, T- hangers, fuel farms, maintenance hangers, lighting,
control towers, instrument approach aids, automatic weather observation stations);
- Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects);
- Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects;
- Safety equipment (including AARF fire fighting equipment and lighted Xs);
- Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting
hazards);
- Information technology equipment (used to inventory and plan airport facility needs);
- Drainage improvements.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach
areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering
fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an
Order of Taking" under the eminent domain laws of Florida. Examples of projects are:
-Land acquisition (for land in an approved master plan or ALP);
- Mitigation land (on or off airport);
- Aviation easements;
-Right of way;
- Approach clear zones.
(FDOT Aviation Grant program Handbook)
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
-Any airport improvement and land purchase that will enhance economic impact;
- Building for lease;
- Industrial park infrastructure and buildings;
- General aviation terminals that will be 100 percent leased out;
- Industrial park marketing programs.
(FDOT Aviation Grant Program Handbook)
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service
and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be found in
the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us /Aviation /Public.htm.
Allowable Cost: See part three of compliance supplement
Cash Management: See part three of compliance supplement
Matching Requirements are as follows:
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding
is available, the Department can provide up to 50 percent of the non - federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
General Aviation Airports
When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is
available, the Department can provide up to 80 percent of the non - federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
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A JS: P
Economic Development
EXHIBIT "D"
The Department provides up to 50 percent of airport economic development funds to build on- airport revenue - producing
capital improvements. This program is for local match only.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Matching Resources for Federal Programs
Federal A-gency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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