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LETTER AND SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT TO RECONSTRUCT RUNWAY TAXILANES; DRAINAGE IMPROVEMENTS BOB IIL\KI1m\Z ~ ~ ~ DEPARTMENT . - . I" " .' Ct (1 ",/,~, OFITRANSPOK~T(ON FLORIDA BEl'! G. ."TIS SECRETARY District Seven 4950 W. Kennedy Boulevard Suite 500 Tampa, Florida 33609 April 16, 1990 i, ! 9, fr-:":t;;),_ [-~c:. LJ , ~"..._,.. q'~-r.. ., ~"'~' ~~; i::'I , <.'~t "':"\ ~'u" r-' "S t..' : ~ . ~. " .:;."~ :"~'_, l-:i ;"":,,,~ '.'~ . ._ - AVIl r ;~;>~ =~"",",,",'''',.;....:';r.-C':.._''''':'''''~.':,1'.Y:'''''' ,',- , .. i ~ : '". Mr. William C. Baker Director of Public Works city of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 i' "-"--~'''''''''''''''''''-'~~'_'S_.-'-''~- ":;"_ ._'_~;" . '_""'.'_ _ _ ,",,~._...~ Fr L~/ .'"~ ~"-t{J S:f.-F~E~~'''",,_,u~~_~,~~_=-,~_,_~_,~,,~~ Re: Joint participation Agreement W.P.I. No.: 7827354 Job No.: 15099-3808 City of Clearwater (Clearwater Executive Airport) Dear Mr. Baker: Attached is your copy of the fully executed Supplemental Joint Participation Agreement for the above referenced project. Please note paragraph 7.60 requiring that you submit a copy of your Agency's Annual Audit Report as required by OMB Circular A- 128 (Public Agency) or A-110 (Private Non-(profit Agency) for each year that the Project Account remains open. should you have more than one open project, it is necessary to submit only one report. The Department will notify you when the project becomes officially closed. If you have any questions concerning this project, please call me at (813) 871-7220 or Suncom 542-7220. Sincerely, C--?~C!- ~ Robert E. Babis Manager, Multi-Modal Programs ..- "-' l.:t '-~::~ <...f' :~.- ii, ~; ...~<j. $...: REB/JHR/vlc W\'{ 1 19aO Attachment JR-107 , (; ( C'T:y CJ111C. r: I " ~ - -./ ... .... ..... ~~ ~o (1-:' C'O ~~ d)O -:P~ ;>: ~ .. ~.,.. (I~ ..... ~ . ,.. ~ -::::;.~ ::o~ c.'t> ;,....l.'!:- ~;;. o~ ~~ ~~ ~ \\\\\\ =================~============================================ WPI No.: 7827354 Job No.: 15099-3808 SAMAS Approp: 14001 3 SAMAS Obj.: 710048 Org. Code: 5 507 2 0207 2 9 Vendor No.: VF596000289006 Fund: ,- 0 1 0 Function: 6 3 7 FA. No.: Contract No.: A la I q D ============================================================== STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DMSION OF PUBLIC TRANSPORTATION OPERATIONS JOINT PARTICIPATION AGREEMENT TIllS AGREEMENT, made and entered into this 22. ~ day of ~bYC.Ja... ~ 19 $.-, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and ' the City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748 hereinafter called the Agency. 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; 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 provide for the undertaking of. Maintenance hangar; Administration Building; Fencing; Airport Sign. and 'as further described in Exhibit( s) A, B & C attached hereto and by this reference made a part hereof, hereinafter called 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. - . , " . \. Form 801-01 6/88 J I 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the Project as described 10 Exhibit "A" with all practical dispatch, in a ,sound, economical, and efficient maimer, 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 completiop 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'. 3.00 Project Cost: The total estimated cost of the Project is $ 1 08 I 000 based upon the estimate summarized in Exhibit "B" and by this reference made a part Agency agrees to bear all expenses in excess of the total estimated cost of the Project involved. This amount is ' hereof. The and any deficits 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the Project in the amount of $ 54,000 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 date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) Legislative approval of the Department's annual budget; b) Availibility of funds as stated in Article 17.00 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this contract; d) Department approval of the project scope and budget (Exhibits A & B) at the time funding becomes available; e) Fiscal approval and encumbrance of funds prior to payment of invoices for eligible project costs. 4.20 Front End Funding: Front end funding ~ (is not) applicable. lfapplicable, 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 not) applicable. if applicable, - 0 - 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 [mal project audit by the Department. -- .', Form 801-01 6/88 I J 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to ,the execution of this Agreement, a Project Budget, Exhibit "B", 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. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Schedule of Disbursements: The Agency shall provide the Department with a .time-phased schedule of the Department funds to be expended on the Project. This schedule shall, show estimated disbursements for the entire term of the Project by quarter of fIScal year in accordance with Department fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Department. Any significant deviation from the approved schedule in Exhibit "B" requires submission of a supplemental schedule by the agency. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the Project, in conformity with uniform requirements established by the Department to facilitate the administration of the financing program, 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". The Project Account shall be made available upon request by the Department any time during the period of the Agreement and for five 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 tbe 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 tbe 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 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 tbe 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 ou ftle 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 - Form 801-01 6/88 I I identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Agency shall provide for each of its fiscai years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting in detail the use of the funds of the Department, the Agency, and those from any other source with respect to the Project. Audits shall be performed in accordance with generally accepted government auditing standards for financial and compliance audits and OMB Circulars A-128 or A-llO. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Agency: In order to obtain any Department funds, the Agency shall: 8.11 File with the Department of Transportation, District Seven. Tampa Florida, 33609 its requisition on form or forms prescnbed by the Department, and such other data pertaining to the Project Account (as dermed in Section 7.10 hereof) and the Project as the Department may require, to justify and support the payment requisitions, including (1) the date the Agency acquired the property (2) a statement by the Agency certifying that the Agency has acquired said property and (3) if the requisition covers the acquisition of real property, a statement signed by the Agency attorney certifying that the Agency has acquired said real property. (3A) a statement that two independent appraisals were obtained (4) actual consideration paid for real property 8.12 Comply with all applicable provisions of this Agreement. 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 Project Account 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 of 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 Acceptance by Department: The Agency shall have taken any action pertaining to the Project which under this agreement requires the acceptance of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are acceptable. 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein. 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. " ;'/ Form 801-01 6/88 I I 8.30 Disallowed Costs: In determining the amount of the fmancing 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 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. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, fmally discontinues the Project; or if, by reason of any of the events or conditions set forth in Paragraphs 8.21 to 8.25 inclusive, of Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, . infeasible., iinpossible, or illegal, the Department may, 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 fmal termination or suspension notice under this Section, 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 acceptance of a remittance by the Agency or the closing out of Federal fmancial participation m the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of 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 fmancing and development of the Project. U.OO Contracts of the Agency: U.I0 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 or construction contracts or amendments thereto, with any third party with respect to the Project without the written concurrence of the Department. Failure to obtain such concurrence shall be sufficient cause for nonpayment by the Department as provided in paragraph 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. Form 801-01 6/88 I I U.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the 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 Section 287.055, F10rida Statutes, Consultants Competitive Negotiation Act. As a further condition, the agency will involve the Department in the Consultant Selection Process for all projects. 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. U.30 Minority Business Enterprise (MBE) Policy and Obligation: U.31 MBE Policy: It is the policy of the Department that minority business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum opportunity tei participate in the performance of contracts fmanced in whole or in part with Department funds unger this agreement. The MBE requirements of 49 CFR Part 23, as amended, apply to this agreement. U.32 MBE Obligation: The Agency and its contractors agree to ensure that Minority Business Enterprises as defmed in 49. C.P.R. Part 23, 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 C.P.R. Part 23, as amended, to ensure that the Minority Business Enterprise 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. 12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass Transportation Administration or Federal Highway Administration Funding is a part of this project, the the Agency must comply with Subpart (E) of CPR 49, Part 'Zl, as amended. 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 affumative 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 payor 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 of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, 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: 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 Prohibited Interests: Neither the Agency 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 " ". Form 801-01 6/88 I I of the Agency or the locality during his tenure or for one year 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 or the locality 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 or of the locality during his tenure or for one year 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 fIscal depositories, or to any agreement for utility services the rates for which are fIxed or controlled by a Governmental agency. 13.40 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: All Proposals, Plans, and Specifications for the acquisition, construction, reconstruction, improvement of facilities or equipment, shall be presented to the Department for acceptance. In rendering such acceptance, the Department shall take into consideration whether such facility or equipment is designed and equipped to prevent and control environmental pollution. . 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 in respect of such breach or default. 14.40 How Contract 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 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 Form 801-01 6/88 I I 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 standards 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. 14.80 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 the Office of Management and Budget Circular A-10l, Attachment N, 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 permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28 F. S. or any similar provision of law. 15.00 Plans and Specifications: In the event that this contract involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for acceptance all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency written concurrence 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 concurrence with said remainder of the Project. Failure to obtain this written authorization shall be sufficient cause for nonpayment by the Department as provided in Paragraph 8.23. 16.00 Agency Certification: The Agency will certify in wntmg prior to project closeout 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 contract IS contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this contract is in excess of $25,000 or has a term for a period of more than one year, the provisions of Chapter 339.135(8)(a), Florida Statutes, are hereby incorporated: ....' ',!, Farm 801-01 6/88 Rev. I I 3/89 "(a) The Department, during any fiscal year, shall nat expend maney, incur any liability, ar enter into. any cantract which, by its terms invalves the expenditure af maney in excess af the amaunts budgeted as available far expenditure during such fiscal year. Any contract, verbal ar written, made in vialatian af this subsectian shall be null and vaid, and no." maney shall be paid thereon. The Department shall require a statement fram the camptraller of the Department that funds are available priar to. entering into. any such contract or ather binding cammitment af funds. Nathing herein shall prevent the making af contracts far a period exceeding ane year, but any cantract sa made shall be executary anly far the value af the services to. be rendered ar agreed to. be paid far in suo;eeding fiscal years, and this paragraph shall be incorparated verbatim in all cantracts af the Department which are far an amaunt in excess af twenty-five thausand dallars and having a term f<;>r a periad af mare than ane year." 18.00 Expiration of Contract: The Agency agrees to. complete the Project an orbefare 12-30-93 If the Agency does nat complete the Praject within this time period, this cantract will expire unless an extensian of the time periad is granted to. the Agency in writing by the District Secretary, District Sf>vp.n . Expiratian of this cantract will be considered terminatian af the Praject and the procedure established in Paragraph 9.00 of this cantract shall be initiated. 19.00 Agreement Format: All wards used herein in the singular form shall extend to. and include the plural. All wards used in the plural farm shall extend to. and include the singular. All words used m any gender shall extend to. and include all genders. 20.00 Execution of Agreement: This cantract may be simultaneously executed in a mlIDD1um af two. caunterparts, each af which sa executed shall be deemed to. be an ariginal, and such caunterparts tagether shall canstitute ane in the same instrument. 21.00 Bills far fees ar ather campensatian far services ar expenses shall be submitted lD detail sufficient far a praper preaudit and postaudit thereaf. 22.00 Bills for any travel expenses shall be submitted in accardance with s.112.061. The Department may establish rates lawer than the maximum pravided in s.112.061. 23.00 The Department reserves the right to. unilaterally cancel this agreement far refusal by the cantractor or agency to. allaw public access to. all dacuments, papers, letters, ar ather material subject to. the pravisians af Chapter 119 and made ar received in conjunctian with this contract. ...) '! ~ 6/88 I I WPI NO. 7827354 JOB NO. 15099-3808 EXIDBIT OAO 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 Clearwater dated ~a. F..b. 1.9'\0 PROJECI' LOCATION: Clearwater Executive Airport, Pinellas County, Florida PROJECT DESCRIPTION: Maintenance, Hangar ; Administrative Building; Fencing; Airport Sign. PARAGRAPH 4.10 OF THE JOINT PARTICIPATION AGREEMENT If this Agreement is executed prior to funding being available and approved by the Department Comptroller, note the conditions of Paragraph 4.10 of this Agreement. SPECIAL CONSIDERATIONS BY AGENCY: None SPECIAL CONSIDERATIONS BY DEPARTMENT: . None .~ t 6/88 I I WPI NO. 7827354 JOB NO. 15099-3808 EXHIBIT "B" (GENERAL) PROJECI' COST AND CASHFLOW This exhibit forms an integral part of that certain Joint Participation Agree~ent between the State of Florida, Department of Transportation and the City of. . Clearwater dated :l~ Ft.&'. , Cl9 0 1. PROJECI' COST: $ 108,000.00 TOTAL PROJECI' COST $. 108,000.00 n. PARTICIPATION: Federal Participation UMTA, FAA, FRA ( 0 %) $ -0- Public Agency Participation In-Kind Cash ( 0 %) $ ( 50%) $ -0- 54,000.00 Department Participation Primary CD) Federal Reimbursable (DU) Local Reimbursable (DL) (50 %) $ ( 0 %) $ ( 0 %) $ 54,000.00 -0- -0- TOTAL PROJECI' COST $ 108,000.00 Ill. ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000) FISCAL YFAR 90/91 1ST QTR 2ND QTR 3RD QTR 4TH QTR 54 .,;, , . 6/88 I I WPI No. 7827354 JOB No. 15099-3808 EXIDBlT .e (GENERAL) This exhibit forms and integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and the Ci tv of Clearwater dated d,;J... Ftl.b. I c:y 91"') Documents .required to be submitted to the' Department by the 'agency in accordaIi.ce. with the terms of this contract. . .SUBMIITAL/CERTIFICA TION BASIS OF ACCEPTANCE Consultant Selection Compliance Public Agency Attorney's Certification Feasibility StudyCif necessary) Public Agency PE/EIS(if necessary) Public Agency Design Submittal 90% 100% Department review letter and written approval Department review letter and written approval Construction/Procurement Public Agency Certification MBE Compliance Public Agency Certification. $afety Compliance Public Agency Certification :Audit'Reports Public Agency Certification Certification of Completion . Department review of Agency letter . . Form 801-01 8/88 I IN WITNESS WHEREOF, the parties executed, the day and year first above written. AGENCY CITY OF CLEARWATER, FLORIDA BY, -P4/V-dL- Ron H. Rabun City Manager Ri t:-a Garvey. Mayor-Commissione ...--............" '. ~ - J:>.ftest~,.... ~ - I ~ - . .. .'". " '" ~_ ~ \.L.~-.cOu>~~ c~Cytrthia E.' Goudeau <, 't::0' Clerk' ,'.: " - ~ . '.-' . . o. J " ~, '..... ....' .', _ . App.roved;'as {o-:~'form .. t' , ~ :" and 'c-o.l;'t.ectnEiss: " ~ M. A. Galbraith, City Attorney. I WPI NO. 7827354 JOB NO. 15099-3808 AGREEMENT'DATE 22. FILl.,. 19'10 hereto have caused these presents be DATE' FUNDING 'APPROVED 'BY COMPTROLLER'S ' OFFICE (SEE ATTACHED EN.'CUMBRANCE FORM) f'I) 'H- ~ h ~ ) 'l qo J APPROVED AS TO FORM, LEGALITY ~e~ ATTORNEY DEPARTMENT OF TRANSPORTATION ./Z. //.~ ~ DISTRlCT SECRETARY OR DIRECTOR OF PLANNING AND PROGRAMS ATTEST: VS}"':,..;c ;;' ,\.." . " " /;' . ," - , ~_ I I ".",_ ~~ "_l., '. . /~/} _/ ,/J. a .(~i-i:1-,{'7 (SEAL) '- /'I" /.;' '/. , ~) EX'::CU1'IVE SECRETJL'RY OR NOTARY _. ~ '''~,,;' '''~:r'-" ').r.", )'V:'.RJ"-_fl"',"" ' """'t"o-'-'!{\!--""~ 'l l~'::! 1....'"'...1~~~\..::.....\)1't J-IJd .L;,.:..~~ .:.~ .1~ JU