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CLEARWATER AIRPORT RUNWAY LIGHTING ., .' DEPARTMENT OF'TRANSPOKTATION LAWTON CUILES GOVERI'IOR 6EI'I G. WAITS SECRETARY District Seven 11201 N. Mckinley Drive Tampa, Florida 33612-6403 September 28, 1994 Mr. Robert M. Brumback Assistant Director of Public Works Airpark Director 1701 N. Hercules Ave. Clearwater, FL 34625 RE: Joint Participation Agreement WPI I 7827372 Job I 15000-3932 Contract # AB768 Engineering and Construction of Medium Intensity Runway Lighting; Parallel Taxiway Low Intensity Lighting and Ground Penetrating Radar Testing. Dear Mr. Brumback: Attached are five (5) copies of the subject Joint Participation Agreement (JPA) providing for Department participation. Please execute and return four ( 4 ) copies of the agreement per the attached check list. Do not date the agreements. The fifth (5th) copy is for your records. Please note paragraph 12.10 of the JPA requiring the Department's prior written concurrence of third party contracts. Failure to comply with this provision is cause for nonparticipation by the Department. If you require additional information or have any questions, please feel free to call this office at (813) 975-6408. sincerely, eborah Public Transportation Manager Attachments DH/JHR l1ECEIVED StP 3 0 1994 Sdid Waste Division jpa.4ex fjo~ @=~~~L~ . ... .. I I Fonn 801-01 February 1992 ~;I No: 78273n======;~1id:=====010=====~=~=~;;;~==088719===== Function: 637 SAMAS Obj.: 790007 Job No: 15000-3932 Federal No: Org. Code: 55072020728- Contract No: AB269 Vendor No.: F596000289002 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBliC TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this day of 19 ---J by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Ci~y of ~lp~rw~~pr, P. O. Box 4748, ~lp~nJ~~pr, FT. ~t..61 H 4748 hereinafter called the Agency. WIT N E SSE T H: 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) F. S . 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 isf or the eng ineer i ng and construction of medium intensity runway light; parallel taxiway low intensity light and ground penetrating radar testing. and as further described in Exhibit(s} A , B , Can d F attached hereto and by this reference made a part hereof hereinafter called the project, and to provide Departmental financuu assistance to the Agency and state the tenns 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. ,; /l, I I Fonn 801-01 February 1992 2.00 Accomplishment of the Project: 2.10 General J{equirements: The Agency shall commence, and complete the project as described in Exhibit "A" with all pral:tica1 dispatch, in a sound, economical, and efficient manner, and in al:cordance with the provisio~ herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any electwn, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applialble law to ennble the Agency to enter into this Agreement or to undertake the projed hereunder, or to observe, assume or Cllrry out any of the proviswns of the Agreement, the Agency will initiate and con5Umnulte, as provided by law, all actwns 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 induding federal aid rei/uirements to ennble the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contrads and Other Documents: The Agency shall submit to the Department such data, reports, records, contral:ts and other documents relating to the project as the Department may rei/uire as listed in Exhibit "C". 3;00 Project Cost: The total estimated cost of the project is $ 100.000 . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation,. including contingencies, in the project in the amount of $So. 000 as detailed in Exhibit "B"" or in an amount equal to the percentage(s) of total project (OSt 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 appropriation rei/uest in the work program year that the project is scheduled to be committed; b) . The understanding that disbursement of fundS will be made in accordance with the balam:ed thirty- six (36) month cash forecast; c) Availability of funds as stated in paragraph 17.00 of this Agreement; d) Approval of all plans, specijU:ations, contracts or other obligating documents and all other tenns of this Agreement; e) 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 (t9J (is not) applialble. 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 partidpationas shown in paragraph 4.00. 5.00 Retainage: Retainage B:) (is not) appliCllble. if appliCllble, -0- percent of the Department's total share of participatwn as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 2 I I Fonn 801-01 Febrnary 1992 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the execution of this Agreement, a project budget, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with thelat~tapproved budget for the project. The budget may be revised periodically, and if revised, a copy of the revision should be fonoarded to the Comptroller. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 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. 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 H B H 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 that may be established by Department program guidelineslprocedures and Generally Accepted Governmental Accounting Standards (GAGAS) to facilitate the administration of the financing program, separate lUcounts to be maintained within its existing lUcounting system or establish independent accounts. Such lUcountsare referred to herein collectively as the Hproject lUcountH. 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 depositin a bank or trust company which is a member of the Federal Deposit Insurance .. Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds. . provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the depositor 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 lUcount 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, contrlUts, or vouchers evidencing in proper detail the nature and propriety of the charges. 750 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, contrlUts, 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. 3 I I Fonn 801--01 February 1992 7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for whU:h the project account remains open, an audit report prepared either by its offzcial auditor or audit agency or an independent certified public accountant,. reflecting the use of the funds of the Department, the Agency, and those from any other source with respeJ::t to the project Audits shall be perfonned in accordance with generally accepted government auditing standards contained in the Standards for Audit of Governmental Or~anizations, Pro~ams, Activities and Functions, issued by the U. S. General Accounting Office and OMB Circulares A-128 or A-133 where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance as described in Exhibit <<A N, Special Considerations. 7.70 Insuram:e: The Agency shall carry property and casualty insurance on project equipment and facilities and provide evidence of said insuraru:e for the project amount stated in paragraph 4.00 of this Agreement. If this Agreement is for purchase of land, the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.01 Bills for fees or other compensation for services or expenses shall be submitted in detail sujJicient for a proper preaudit and postaudit thereof 8.02 Bills for any travel expenses shall. be submitted in accordance with Chapter 112.061 F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061. Florida Statutes. 8.03 If, after project completion, any claim is made by the Department resulting from an audit or for work or services perfonned pursuant to this agreement, the Department may offset SlUh amount from payments due for work or services done under any public transportation joint particiationagreement whU:h it has with the Agency owing such amount if, upon demand, payment of the amount is. not ttUlde within sixty (60) -days to the Department. 8.04 Offsetting any anwunt pursuant to section 8.03 shall not be considered 'a breach of contract by the Department. 8.10 Preliminary Action by the Agency: In order to obtain any Departmentfunds, the Agency shall: 8.11 With respect to property acquired, file with the Department of Transportation, District VTT,1 1701 NMrJ(inlE'Y DrivE'. MS 7~330, Tampa, Florida, 33612 _ its requisition on a Jann or fonns prescribed by the Department, and such other data pertaining.to the project account (as defined in paragraph 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; /1. a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. B. . 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. 4 I I Form 801-01 February 1992 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 mo.y elect by notice in writing not to mo.ke a payment on the project account if: . 8.21 Misrepresentation: The Agency shall have mo.de misrepresentation of a mo.terial 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 petformnnce by the Agency of any of its duties or obligations which mo.y jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Apprcroal by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires, the approval oj the Department or has mo.de related expenditure 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): The Department mo.y suspend or tenninate the financial assistance of this grant if any federal agency providing federal financW assistance for the project detennines that the purposes of the statute under which the project is authorized would not be adequately seroed by continuation of federal jinancW assistance to the project. 8.30 Disallowed Costs: In detennining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to theefJective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or seroices received under a contnut . or other arrangements which have not been approved in writing by the Department. 9.00 Tennination or Suspension of Project: 9.10 Tennination or Suspension GenerSllly: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reilSon, 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 ceilSed or been corrected, or the Department mo.y terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Tennination 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 1nay include any or all of the following: (1) necessary action to terminate or suspend, as the case mo.y be, project activities and contracts and such other action as mo.y be required 5 I I Fonn 801-01 February 1992 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 projed 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 detennined by the Deparhnent to be due under the provisions of the Agreement. The tennination or suspension shall be carried out in conformity with the latest sthedule, plan, and budget as approved by the Department or upon the basis of tenns ana conditions imposed by theDepartment 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 AgreementIor 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 Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Proju:t 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 tUCount . is made, the Agency shall remit to the Department its share of any unexpended balance in the project tUCount. 11.00 Audit and Inspu:tion: The Agency shall permit, and shall rei[uire its contractors to pennit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, . records and accounts pertaining to the financing and development of the project. ' 12.00 Contrads of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department. joint participation funds, including cotisultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure tc) obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project.involvesa consultant contract for engineering, architecture or surveying services, is contingent Off the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Deparhnent , 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. 12.30 Minority Business Enterprise (MBE) Policy and Obligation: 12.31 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 to participate in the perfonnance of contracts financed in whole or in part with Department funds under this Agreement. The MBE rei[uirements of 49 CFR Part 23, as amendeil, apply to this Agreement. 12.32 MBE Obligation: The Agency and its contractors agree to ensure that Minority Business Enterprises as defined in 49. c.F.R. Part 23, as amended, have the maximum opportunity to participate in 6 I I Form 801-01 February 1992 the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49C.F.R. Part 23, as amended, to ensure that the Minority 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,JUltional origin or sex in the award and performance of Department assisted contracts.. 12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban M11ss Transportation Administration or Federal Highway Administration Funding is a part of this project, the Agency must comply with Subpart (E) of CFR 49, Part 23, 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 Agenq 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 nat be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and selection for training, including apprenticeship. The Agenq shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with thedeveJopment of operation of the project; except contracts for the standard commercial supplies or raw materiLlIs, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercuu 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. . 1320 Title VI - Civil Rights Act of 1964: TIRAgency will comply with all the requirements imposed . . by Title VI of the Ovil Rights. Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency purstUlnt thereto. 13.30 Prohibited Interests: Neither the Agency nar 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 whUh any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or fonner member, oJjUer, 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 reJilting to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project orany.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 two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof" The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 7 I 'I Form 801-01 February 1992 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 Miscelumeous Provisions: 14.10 EmJironmental Pollution: All Proposals, Plans, and Specifications for the acquisition, construction, reconstruction, improvement of facilities or equipment, shall be presented to the Department for review. In rendering such review, the Department shall detennine 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 anybrem:h 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 remed!favailable to the Department with respect to such bretlCh or default. .14.40 How Agreement Is Affected. by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder. 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 oj any applicable State lilw: Provided, that if any of the provisions of the Agreement violilte 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 useJullife of such facilities and equipment as determined in accordilnce with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment ingood working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physiall inventories and develop control systems as required by 49CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useJullife for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49CFR Part 18 relating to property marwgement 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. 8 I I Fonn 801-01 Februo.ry 1992 14.90 Contractual lmiemnity: To the extent pennitted by l1Iw, the Agency shall indemnify, defend, save, and hold harmless the Department and aU itsofftcers, agents or employees from ail suits, actions, claims, dettumds, liability of any nature whatsoever arising out of, beawse.of, or due to breach of the Agreement by the Agency or its subcontradors, agents or employees or due to any negligent act, or occurrence of omission or commissum of the Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liab~e under this section for damages arising out of injury ~ dJlmage to persons or property directly mused or resulting from the sole negligence of the Department or any oj its offtcers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28 Florida Statutes or any similar provision of law. 15.00 Plans ami Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will reView all plans and specifications . and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder oj the projecL Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Agency Certifteation: The Agency will certify in writing prior to project closeout that the project was completed in accordJlnce with applicable plans andsped.fic.ations, 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 Fumis: 17.10 The State of Florida's peifomumce 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(7)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which; by its terms involves the expenditure of money in excess of the amounts budgeted as atJailable for expenditure during such .fisad year. Any contract, verbal. or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. . The Department shall require a statement from the comptroller of the Deparhnent that funds are available prior to entering into any such contract or other binding commihnent of funds. Nothing herein shall prevent the making of contracts for a period exceeding one,year, but any contrm;t so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding JiscIll years, and this paragraph shall be incorporated verbatim in all contrm;ts of the Department which are Jor an amount in excess of twenty-five thousand dollars and having a tenn for a period of more than one year. M 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before Ma y 20, 1997 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Seven . Expiration of this Agreement will be considered termi1U1tion of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 9 I I Fonn 801-01 Febmary 1992 19.00 Agreement Fonnat: All words used herein in the singular form shall' extend to and include the plural. AU words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any offter or employee of any federal agency, a Member of Congress, an offter 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 influeru:e 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]oint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying, " in accordance with its instructions. The Agency shall require that the languJlge 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 tUXordingly. - 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 othenvise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and seroices,a separate interest penalty of 0.03333 percent per day will be due and payable; in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(sJ from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 10 Form 801-01 February 1993 I I WPI NO. 7827372 JOB NO. 1 ~nOO-':lQ':l7 Agreement Date IN WITNESS WHEREOF, the parties hereto have roused these presents be executed, the dtzyand year first above written. BY: ~IU ~&. Eliza h M. D ptula Department of Transportation DATE FUNDING APPROVED BY COMPTROLLER (SEE AIT ACHED ENCUMBRANCE FORM) ~ ;;.,/ /q~'1 AGENCY CITY OF CLEARWATER, FLORIDA TITLE: City Manager AmST:~... ~..',..~".-~'.:Z' 11. ,L.(SfM) .-- Cy Ui E. Goudeau - District Seven TITLE:- City Clerk ~ DIRECTOR OF PLANNING AND PROGRAMS ioner ArrEST: (SEAL) EXECUTIVE SECRETARY OR NOTARY Approved as to form an legal sufficiency:' nv~ ~ . 1 /yJ. Miles .. -Lance Assistant City Attorney The foregoing instrument was acknowledged before me this STATE OF COUNTY OF by (Oak) , who is personally known to me (name and titk of position) or who has produced as identification and who _ did _ (did not) take an oath. (type of Uk,rJijicatio,,) (Sis"aturc of />erSO" laki"s ackl/(nu/cdscmc"t) SEE NEXT PAGE FOR NOTARIES I I STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above- named city, who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an oath. ;0 'H-v _0 day of November, 1994. WITNESS my hand and official seal this C~r:fi~ Print/Type Name: CAROLYN t. BRINK Notary Pub 1 i C Notary Pub:ic, S~Clte of Flori9d985 m expll'es May 22, 1 My com. CC 111741 Corom. No. STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME persona 11 y appeared Eli zabeth M. Deptu 1 a, the City Manager of the above-named city, who acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an oath. Wv WITNESS my hand and official seal this I~ day of November, 1994. ~oY?~ Print Type N me: C:AROLYN t. BRINK Notary Pub 1 i C Notary Public, State of Florida My comm. expires !vlay 22, 1995 Comm. No. CC 111741 I I February 1992 WPI NO. 7827372 JOB NO. 15000-3932 EXlfIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater dated PROJECT LOCATION: Clearwater Airpark Clearwater, FL PROJECT DESCRIPTION: Engineering and construction of medium intensity runway lights; parallel taxiway lights of low intensity and ground penetrating radar testing. SPECIAL CONSIDERATIONS BY AGENCY: The audit reportCs) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contrcu:t number, WPI number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: NONE I I February 1992 WPI NO. 7827372 JOB NO. 15000-3932 EXHIBIT "B" PROJECT BUDGET This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Ci t V of Clearwater dated I. PROJECT COST: $ 100,000 TOTAL PROJECT COST: II. PARTIGPATION: $ 100,000 Maximum Federal Participation UMTA, FAA, FRA the lesser of ( %) or $ Agency Participation In-Kind Cash Other ( ( ( %) 50 %) %) $ $ 50,000 $ Maximum Department Participation, Primary (~ Federal Reimbursable (DU) Local Reimbursable (DL) the lesser of ( the lesser of ( the lesser of ( 50 %) or $ %) or $ %) or $ 50,000 TOTAL PROJECT COST III. ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000) $ 100,000 FISCAL YEAR 94/95 1 ST QTR 2ND QTR 3RD QTR 4TH QTR 50 I LebTUary 1992 WPI No. 7827372 JOB No. 15000-3932 EXliIBIT ftc' (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater dilted Reference statutes as required for specific programs. -SUBMITTAL/CERTIFICATION BASIS OF ACCEPTANCE Consultant Selection Cc;>mpliance Public Agency Attorney's Certification Feasibility Study(if.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 Safety Compliance Public Agency Certification Audit-Reports Public Agency Certification Certification of Completion Department review of Agency letter Invoice Submission The airport sponsor will invoice the Department at least quarterly after the Notice to Proceed has been issued. If no reimbursable work has been performed during the quarter, a letter stating no reimbursable work has been performed during this quarter will be submitted to the Department District Seven Office, Attention Robert E. Babis. ... I I April 1992 WPI NO 7R7.7177. JOB NO 15000-3932 EXHffiIT "P' SPECIAL AIRPORT ASSURANCES This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater dated 1. GENERAL a. These assurances shall be complied with in the perfonnance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. 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. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sp'Jnsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, .. ~. '" I ~ April 1992 reloazting, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. ~. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport the local airport system, or other loazl facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-ta-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all off site areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon.