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JOINT PARTICIPATION AGREEMENT CLEARWATER MASTER PLAN UPDATE ). , FLORIDA - r LAWfON CnlLES GOVERI'IOR OF 'TRANSPORTATION 11201 N. McKINLEY DRIVE' TAMPA, FLORIDA 33612-6403' (813)97S-6010. 1-800-226-7220 PUBLIC TRANSPORTATION OFFICE, M.S. 7-330 BEN G. WATTS SECRETARY May 7, 1997 . t; h \ r I!I L~; i U ' ~--- I . ' I r ., I I' UL , " d Mr. Glen L. Bahnick Civil Engineer II Engineering Department City of Clearwater 100 South Mystle Avenue Clearwater, Florida 34616 ....... RE: JOINT PARTICIPATION AGREEMENT (JPA) WPI NO: 7826658 JOB NO: 15000-3876 CONTRACT NO: AE-263 Airport Master Plan Update Dear Mr. Bahnick: Enclosed is one (1) original fully executed Joint Participation Agreement (JP A) providing for Department participation. Costs may be incurred as of the JP A execution date. Invoicing information is enclosed for your use. Also, enclosed is an informational summary entitled "JP A Requirements" to assist you in the proper administration of the agreement. Adherence to these requirements will minimize any potential problem areas. If you have any questions, please call the project manager, John Roeller, at (813) 975-6409. sm~w~ FOR.. Debbie Hunt District Public Transportation Manager DLH:bgs Enclosures cc: John Roeller, Project Manager Becky McRae, (one original, one copy) Rick Creamer, (w/out enclosure) g:jpaexec.ltr { (~'/). "', I.'; /XJt. RECYCLED \:tI PAPER ~ 'l I I JOINT PARTICIPATION AGREEMENT REQUIREMENTS (Updated 9/95) The following information highlights the major requirements of the Joint Participation Agreement (JPA) between the Florida Department of Transportation and the Agency receiving funding. While not including all the requirements of the JP A, the list does include all the sections of the agreement that require submittals by the Agency to the Department for review/approval. Adherence to this list of requirements should minimize problems in the administration of the project, however, the JP A and its exhibits should be carefully read and understood. Section Description of Requirement( s) 2.40 Submit to the Department all data, records, etc as listed in Exhibit "C" of the JP A. 6.10 Submit to the Department, a copy of the budget for the project. If federal funds are involved, submit to the Department a copy of the preapplication and application. 7.60 Submit to the Department for each fiscal year the project is open, a copy of the annual Agency audit which conforms to OMB A-128 or A-l33. 8.10 File with the Department requisitions for payments on forms provided with appropriate data as justification. 8.12 The Agency agrees to comply with the provisions of Chapter 112.061 F.S. relative to travel expenses. This includes Agency travel as well as any consultants or contractors engaged by the Agency. (Department Voucher For Reimbursement of Traveling Expenses- Form #300-000-001-a attached). 8.23 Request and obtain the Department's written approval on all actions specified in the JP A. 8.30 Costs incurred by the Agency prior to the date of the JP A or without Department approval are ineligible for payment by the Department. ~ I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION I PUBLIC TRANSPORT A TION JOINT PARTICIPATION AGREEMENT FORM n:5-()JQ.{)(j PUBUC TRANSP ADMIN OOC - 00/96 Page 1 of 11 WPI No: 7826658 Fund: 010 SAMAS Approp: 088719 Function: 607 SAMAS Obj.: 79O(X)7 Job No: 15007-3876 Federal No: Org. Code: 55072020728 Contract No: AE-263 Vendor No.: F596000289002 THIS AGREEMENT, made and entered into this ...s;;6h. day of ~ ,19 97, 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 Clearwater, P.O Box 4748, Clearwater, FL 34618-4748 hereinafter referred to as 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 332006(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 to provide funding for the update of the Airport Master Plan. and as further described in Exhibit(s) A B,C. and F 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. I I FORM 72.S-{J.J{}{J6 PUBUC TRANSP ADMIN OOC - 09/96 Page20fll 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit" A " attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project herewlder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 100,000 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the arnOll-'lt of $...5Q,OOO . 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 paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and aU 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 (XX) (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (XX) (is not) applicable. If applicable, N I A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. - . ! I I FORM 72.~-000-Q6 ruBUC TRANSP ADMIN ()(;C - 00/96 Page 3 of II 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments" , separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for five years after final payment is made. 7.20 Funds R~ved Or Made A ,'ailable for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or 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. ~ ;1 I FORM 125-030-06 PUBUC TRANSP ADMIN OOC - 09/96 I':iIge 4 0[11 7.60 Audit Reports: The Agency shalJ provide to the Department audit reports reflecting the use of the funds of the Department, the Agency, and those from any other source with respect to the project as required by Procedure 450-021-001. Audits shall be performed in accordance with generally accepted government auditing standards contained in the "Standards for Audit of Governmental Organizations, Programs, Activities and Functions" , issued by the U. S. General Accounting Office and OMB Circulars A-I28 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" , Special Considerations. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the Joss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Seven Public Transportation Office 11201 N. McKinley Drive, Tampa, Florida, 3..36l2 its requisition ona form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Irivoices for any travel expenses shalJ be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property , (2) a statement by the Agency certifying that the Agency has. acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The 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 I I FORM 72S-{)3()-()(, PUBUC TRANSP ADMIN OOC - 09/% P-..ge 7 of 11 13.20 TItle VI - avU Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency wilJ comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title vm - avil 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 housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 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 plalUled to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, thatany sllch present member ,officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: .. No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. .. The provisions of this 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. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the projectwill 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. .~ I I FORM 725-<n0-06 PUBUC TRANSP ADM' N OGC - 00/96 Page 8 of 11 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. 14.40 How Agreement Is Affeded 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 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 or 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 Indenmity: 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 joindy 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 Department's failure to promptly notify the Agency of a claim shalJ not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency wilJ 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. I I FORM ~ PU8UC TRANSP ADMIN OOC - 09/96 P.dge 9 of It . 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review aU 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 of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Conunitment: 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), 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 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 sha1l 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 March 30, 2000 . 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 termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and inClude the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: 1his 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: I I FORM 725-00(HJ6 PUBUC TRANSP ADMIN OGC - WI~ P-..gc 10 of 11 << 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, gram, 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 sub recipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the l!.egislature 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 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 services, a separate interest penalty in accordance with Se.-'1ion 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800- 848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2Xa) "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 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " I I FORM~ PUBUC TRANSP ADMIN O<JC - 09/96 Page J1 of J1 WPI NO. JOB NO. Contract No. Agreement Date 7826658 15007-3876 AE-263 ~ SjJQQ7 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY: City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748 NAME: C 1,,/ Cl..E'trR-WA-TE~ OF BY: fj sG./ :i;,~ Elizab t M. ptula City Manager TITLE: C i t Y 0 f C I ear w ate r "".." - .... -- ATTEST: Clerk Approved as form and legal sufficiency: ~C~ .... John Carassas, Assistant - City Attorney FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller ~~~~~fl/ DEPARTMENT OF TRANSPORTATION .3/3/97 , " mall TITLE DIRECTOR OF PLANNING AND PROGRAMS RECYCLED PAPER * I I << WPI NO. 7826658 JOB NO. 15007-3876 CONTRACT NO. AE-263 EXHmIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748. dated ~ J/ /917 . PROJECT LOCATION: Clearwater Executive Airpark Clearwater, Florida PROJECT DESCRIPTION: Update the Airport Master Plan SPECIAL CONSIDERATIONS BY AGENCY: The audit rqx>rt(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, WPI number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: SqIlember 1996 I I WPI NO. . JOB NO. CONTRACT NO. 7826658 15007-3876 AE-263 EXHmIT "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 Clearwater, P.O. Box 4748, Clearwater, FL 34618-4748 dated ~ .-f) Jf<; 7 I. PROJECT COST: $ 100,000 TOTAL PROJECT COST: $ 100,000 II. PARTICIPATION: Maximum Federal Participation FTA, FAA ( 0 %) or $ 0 Agency Participation In-Kind ( %) $ Cash ( 50 %) $ 50,000 Other ( %) $ Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( 50 %) or $ 50,000 Federal Reimbursable (DU)(FRA)(DFTA)( %) or $ Local Reimbursable (DL) ( ) %) or $ TOTAL PROJECT COST $ 100,000 ScpImlber 1996 I I WPI NO. 7826658 JOB NO. 15007-3876 CONTRACT NO. AE-263 (Exhibit updated 9/95) EXHIBIT "C" - AVIATION (GENERAL) This exhibit forms an integral part of that Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater. P.O. Box 4748. Clearwater, Fl 34618-4748 dated ~...! J J 'i <; 7 Only items indicated with an "X" are applicable. SUBMITT AL/CERTIFICA TION BASIS OF ACCEPTANCE _X_ Consultant Selection Compliance Public Agency Attorney's Certification __Feasibility Study (if necessary) Public Agency PElEIS (ifnecessary) Public Agency Design Submittal 90% 100% Department review letter and written approval Department review Jetter and written approval ConstructionIProcurement Public Agency Certification MBE Compliance Public Agency Certification Safety Compliance Public Agency Certification _X_EAlMaster Plan Submittals (Each Section) Preliminary Final Department Review and Written Acceptance X Audit Reports Annually by Agency's Auditor Certification of Completion Agency Letter 1 I I Appraisals Applicable State Laws Acquisition of Real Property Agency Attorney Certification and Compliance to Florida Statute Chapter 332 Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement. 1. REQUIRED SUBMITTAL TIME The Agency must submit an invoice to the Department within ninety (90) days from the ending date of the eligible billing period covered by the invoice. Should the Agency not submit a correctly prepared and documented invoice within the proper time frame, the Department may deny payment of the Department's share of the invoice. 2. REQUIRED SUBMITTAL FORM The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. Invoice Documentation: (Also see Paragraphs 7.40, 21.00 and 22.00). Invoices to the Department must be arranged in the following manner: 1) Department's Invoice Summary Sheet. 2) Spread sheet listing JP A budget items along the top margin, and individual purchases along the left margin, with the amounts in the proper columns. 3) For each purchase, a copy ofthe purchase order, vendor invoice, and proof of payment. These items must be fastened together in "packages" and arranged in the same order as the purchases listed on the spread sheet. 4) Summary sheet showing current approved budget, amounts previously invoiced, amounts being invoiced, and remaining balances. Line items cannot be exceeded without first obtaining a budget revision from the Department. 5) Invoices must be submitted within 60 days of quarter end during which the expenses were incurred. Exceptions must be documented formally with justifications from the Agency Head to the Department Project Manager. 3. APPROVAL OF SUBMITTAL Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 2 .. ., ". I I ~ . 7826658 15007-3876 AE-263 WPI NO. JOB NO. CONTRACT NO. EXHmIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater, P.o. Box 4748, Clearwater, FL 34618-4748 dated ~ ~) /9CJ7 . I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. 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. Ill. 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. SeplaDber 1996 ~' . I I ~ . 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 sponsor, 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, relocating, 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. g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. Stpltmbcr 1996 ~ , (I If;" ,,~; I , ------------------------------------------------------------------ ------------------------------------------------------------------ ENCUMBRANCE INPUT FORM ------------------------------------------------------------------ ------------------------------------------------------------------ RUSH (Needed by __/__/____ (date)) Reason for RUSH : Advertise (Letting Date) ___ Award ___ Renewal Letter of Authorization _X_ New Court Order Overrun ____Supplemental ___ Correction ___ Addition ___ Termination Agmt. Contract # AE263 Contract Type Vendor Name CLEARWAT~R EXEC AIR PK Has Written/Verbal Approval from a been received Yes _X_ No Fed Agmt Amt State Funds Local Funds Beginning date of this Agmt: 12/06/96(Must be after fund approval) Ending date of this Agmt: 12/06/99(Estimate if necessary) Execution date of this Agmt: 12/06/96(Only on original agreements) Has work been authorized to begin? ___ Yes _X_ No Have standard financial provisions been altered by contract terms? ___Yes _X_ No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes _X_ No AG__Method of Procurement _G__ Vendor 10 F596000289002 Participating Federal Agency **.****.**********.............................................. Brief description of work:Airport Master Plan Update *******.......................................................... ORG-CODE .EO. OBJECT · AMOUNT * CO/SEC/JOB#/PH .FCI (PROGRAM#) (WP I # ) (FUND) nurneri c ( FY's ) To be completed if funded in 2 ormore fiscal year:-s. ========================================================~======== 55 072020728 .11 * 790007 · $ 50, 000~ *15007-3876/50 · €),@7 (2095 ) (7826658 ) (El10-DS) (96/97 ) 55 . . . . ( ) ( ) ( ) ) ---------------------------_._------------------------------------- 55 . . . . . ( ) ( ) ( ) ( ) TOTAL AMOUNT · $ 50,000_ * ---------------------------------------------------------------- Originator:__LAURA HOLSTROM_Date:_11-21-96___Phone_SC571-6415_ E-mail user ID__PL733LH FOR JOHN ROELLER___ ...........................................................'..*...-. TO BE COMPLETED BY OFFICE OF COMPTROLLfR ....................................**........................,...'.-. BUDGET ENTITY 5590 CATEGORY 088719-97 WORK ORDER BALANCE __AUTH. ON 11/21/96=513,1300.013 ALLOTMENT _AB=5,971,582.00___ YEAR _97_ DATE CHECKED _11/25/96__ FUNDS APPROVED BY _PHILLIP PRYOR FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: 11/25/96 ..................................................................