JOINT PARTICIPATION AGREEMENT FOR FUNDING FOR THE CONSTRUCTION OF A NEW TERMINAL BUILDING AND RESOLUTION NO. 97-30
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"ATB Of FLORIDA DllPAATMBNT Of TRANSPORTATION
PUBLIC TRANSPORT A TION
JOINT PARTICIP.\TION AGREEMENT
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WPI No: 7826659
010
637
SAMAS Approp: 088719
SAM,A,S Obj.: 79<XXf1
Org. Code: 55072020728
Vendor No.: F596000289002
Fund:
Function:
Federal No:
Contract No:
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Job No: 15007-38n
THIS AGREEMENT, made and entered into this ~ day of 'll/:'Zf;/ . 19 C; lr .
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by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Honda,
hereinafter referred to as the Department, and City of Clearwater, POBox 4748. Clearwater, FL 34618-4748
hereinafter referred to as the Agency.
WIT N E SSE T H:
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WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under
332.006 (6) ,Florida Statutes, to enter into this Agreement;
NOW. THEREFORE, in consideration oftbe mutual covenants, promises and representations herein. the parties agree
as foUows;
1.00 Purpose olAgreement: The purpose of this Agreement is to provide funding for the construction of a new
terminal building.
aDd as further described in Exhibit(s) A B.C. and F attached hereto and by this reference made a part
hereof. hereinafter referred kl as !he project. and kl provide Departmenlal financial assistance to the Agency and state the terms
and conditions upon which such assistance wiU be provided and the wxIerstandings as to the manner in which the project will
be under1aken and completed.
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2.00 Accomplishment of the Project:
2.10 General Requirements: The Ag~lIcy 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 LocaJ Law: In the event that any election, referendum, approval, permit,
notice, ()(' other proceeding or authorization is reqllsite under applicable law to enable the Agency to enter into this Agreement
()(' '> WldertaJce 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 Ageocy 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 Proceedin~, Contracts and Other Documents: The Agency shall submit to the Deparunent
such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in
Exhibit -C- attached bereIo and by this reference made a part hereof. '
3,00 Project Cost: The total estimated cost of the project is $ 200 ()()() . 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 6ear 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 $ 100 ()()() as detailed in Exhibit -B". or in an amount equal
. Jto 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 paIilicipation in eligible project costs is subject to:
(a) Legislative approva1 of the Deparnnent's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Frmt End Funding: Froot end fwxling (XX) (IS oot) applicable, If applicable, the Deparunent may initially pay
100" ofdJe t>Ial alJowabIe incurred project COSCS up to an amount equaI to its total share of participation as shown in paragraph
4.00.
5.00 Retainage: Retainage (XX) (Is DOt) applicable. If applicable, NfA 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,
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The
AfP'CJ shall mainlain 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 Prongons: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project
or project phase isscheduJed 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
cooformity with requirements established by Department's program guidelinesfprocedures and wprinciples for State and Local
GovernmentsW, separate accounts l) be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the .project acC'.ount.. 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 Received Or Made Available for The Project: The Agency shall appropriately record in the project
,~and deposit in a bank ()(' trust company which is a member of the Federal Deposit Insurance ~rporation, all payments
received by it from the Department pursuant to this Agreement and aU other funds provided for, accruing to, or otherwise
received OIl account of the project. which Department payments and other funds are herein collectively referred to as .project
fimds-. 1be Agency shall require depositories of proj-...ct funds to secure continuously and fully aU 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 InauTed ror the Project: The Agency shaU charge to the project account aU 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 Docwnenlation of Project Costs: AU 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 01ecks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any ilem 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 Ageocy stating in proper detail the purpose for which such check or order is drawn, All checks, payrolls,
iovoices, 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, leept separate and apart from all other such documents.
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~ 7.60 Audit Reports: TIle Agency shall provide to the Deparunent 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.{)2 1-00 I.
Audits shall be performed in accordance with generally accepted government auditing standards contained in the "Standards
for Audit of Govenunental Organizations, Programs, Activities and Functions", issued by the U. S. General Accounting Office
and OMB Circulars A-I28 or A-133 where applicable. 1be 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 loss of such equipment or facilities,
the Ageocy 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 Transpor1ation Office 11201 N McKinl~ Drive Tampa. Rorida, 33612 its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in
paragraph 7.10 hereof) to justify and support the payment requisitions.
~ 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
..;proper preaudit and postaudit thereof. .
8.12 Invoices for any travel expenses shall be submi~ in accordance with Chapter 112.061, F.S. The Department
may establish rates lower than the maximum provided in Chapter 112.061, Rorida Statutes.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the rw property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and acmal
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 accomplishOO in compliance with all federal laws, rules
and procedures recpred by any fedelaI oversight agency and with all state laws, rules and procedures
that may apply to the Agenq acquiring the real property.
8.20 'The Department's Obligations: Subject t:> other provisions hereof, the Department will honor such requisitions
in 8IDOUDtS 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, notwilhstanding any ocher provision of this Agreement, the Department may elect by notice in writing
DOt to make a payment on the project if:
8.21 Misrepresentation: 1be 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;
.. .. 8.12 Utiption: There is then pending litigation with respect ~ the performance by the Agency of any of its duties
-kr obIigadons which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: 1be Agency shall have taleen 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
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'without having been advised by the Department that same are approved:
8.24 OvInid or Interests: 1bere has been any violation of the conflict of interest provisions conlai~d herein; or
8.25 Default: 1be Ageocy has been determined by the Department to be in default under any of the provision.~ of
the Agreement.
8,26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance 10 the project
~ or terminates federal financial assistance to the project. In the event of suspension or termination of fedual financial
assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disnllowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the la~ approv~
budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have
not been approved in writing by the Department.
8,40 Payment OfTset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services perfonned pwsuant to this agreement, the Department may offset such amount from payments due for
woric or services done wider any public transportation joint participation agreement which it has with the Agency owing such
amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall
DOt be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
J 9.10 Tennination or Suspe:mion Generally: If the Agency abandons or, before completion,' finally discontinues the
project; or if, by reason of any of the events or conditions set forth in paragraphs 8,21 to 8.26 inclusive, or for any other
reason, the commencement, prosecutioo. or timely completion of the project by the Agency is rendered improbabk, infeasible,
impossible, or iUegal, the Department will, by written notice to the Agency. suspend any or aU 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 aU of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Tet'mination or Suspension, Upon receipt of any final termination or
Sl.1SpCDSioo DOtice undec this paragraph, the Agew:y shall proceed promptly to carry out the actions required therein which may
include any or all of the foUowing: (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 undertaldngs the cost of
which are ocberwise includable as project costs; and (3) remit to the Depar1ment 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 shaD be carried out in confonnity 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 scbedule, plan, and budget within a reasonable time. 1be approval of a remittance by the Agency or the closing out of
federaJ fimnci:tl participation in the project shall not c::omtitute a waiver of any claim which the Department may otherwise have
arising out of this Agreement.
9.121be Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency
to allow public access 10 all documents, papers, letters, or other material subject to the provisions of Chapter 119, Aorida
Statutes and made or received in conjunction with this Agreement.
...) 10.00 Remission of ProJed Account Upon Completion of Project: Upon completion of the project, and after
p.yment. provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency
~~~U rt:mit to the Department its share of any unexpended balance in the project account.
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11,00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Deparbnent joint participation funds,
including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with
respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause
fir 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 Wlderstood 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
er18i~, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287,
Florida Statutes, CormJItants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (OBE) Policy and Obligation:
J 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR
, Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or
in part with Department funds under this Agreement. 1be DBE requirements of 49 CFR Part 23, as amended, apply to this
Agreement.
l2.32 DBE Obligation: 1be Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in 49 CFR Part 23, as amended, have the maximum opportL:nity to participate in Llte performance of contracts and this
Agreement. In lhis regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23, as.amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
fix' and petfotm contradS. GnnIees, 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.
13.00 Restrictions, Prohibitions, Cantrols, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate agaimt any employee or applicant for employment because of race, age, creed, color, sex or national origin. The
Agea:::y wiD take affirmative ac600 to ensure that app1icants are employed, and that employees are treated during employment,
wicbout regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the
following: EmpIoymen1 upgrading, demotion. or transfer; recruitment or recruitment advertising; layoff or tennination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
. development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require aU such contractors to insert a similar provision in aU subcontracts, except subcontracts for standard commercial
,..~lies or raw materials. When the project involves insullation, construction, demolition, removal, site improvement, or
~ \\Uk. the Agency shall post, in compicuous places available to employees and applicants for employment for project
work, DOCices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
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13,20 TItJe VI - Ovil Rights Ad of 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),
the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
13.30 TItle vm . Ovil Rights Ad or 1968: Execution of this Joint Participatinn Agreement constitutes a certification
!hat the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1%8, 42 USC 360I,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 Ad or 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
goverrunent issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractor9 shall enter into any
c:ootract, subcontract, ()(' arrangement in connection with the project or any property included or planned to be included in the
project, in which any member, officer, or employee of the Agency 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' kl the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior' approval of tile Department, may waive the prohibition contained in this subsection: Provided, that any such present
member, officer or employee sball not participate in any action by the Agency relating to such contract, subcontract, or
~t. 1be Agency shall insert in all contracts entered into in connection with the project or any property included or
-.Jlanned 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 agre-~ment between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fiTed or controlled by a Governmental agency.
13.60 Interest or Members or, or Delegates to, Congress: No member or delegate to the Congress of the United
States sball 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
Agea;::y that the project will be carried out in conformance with all applicable environmental regulations including the securing
of any applicable permits. lbe Agency win 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 Agerq.
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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 Deparunent of any breach of covenant or any defau/twhich may
then exist, on the part of the Agency, and the maldng 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 10 the Department with respect to such breach or default.
14.40 How Agreement Is Arrected by Provisions Being HeJd 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 tile 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 or 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
&cilicies and equipment as determined in accon1ance wilh general accounting principles and approved by the Deparunent. The
Agea:y fur1hec agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities
\ or equipmenL
14.71 Property Records: The Agerq agrees to Jr.aintain property records, conduct physical inventories and develop
control systems as required by 49 CPR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Ageg;;y 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 de1ermined on the basis of the ratio of the Department financing of the facility or equipment as provided in this
Agreement.
14.90 ContraduaJ Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless
tbe 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,
~n 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.
1be AgeDCf and the Department wiD evaluate the claim and report their findings to each other within fourteen (14) working
. days and wiD joindy discuss opOons 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 promptJy notify the Agency
'.., of a claim shall DOt act as a waiver of any right herein to require the participation in or defense of the claim by the Agency.
1be Department and the AgeN:'j will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any.
However, if only one part)' participates in the defeme of the claim at trial, that party is responsible for all expenses at trial.
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15.00 Plans and Spedfieations: 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
specificatiom covering the project The Department will review all plans and specifications and will issue to the Agency written
approval wilh any approved pclI'tiom 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 wiD issue to the ~ 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 Aorida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of
more than one year, the provisions of Olaptec 339. 135(6)(a), Aorida Statutes, are hereby incorporated: -(a) The Department,
during any fiscal year, shaD DOt 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 comptroUer of the Department that funds are available prior to entering into any
jJsuch contract or otbec binding oomrnitment of funds. Nothing herein contained shall prevent the making-of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department
which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year.-
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
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 tennination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 FlnaIlnvoice: The Ageocy mUSlsubmit 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 01 Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
21,00 Restrictions on Lobbying:
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, 21.10 FedernJ: lhc 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, granl,
loan or cooperative agreement.
Ifany funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to inftuenoe 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 coMection 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 al all tiers
(mcJuding subcontracts, subgrants, and contracts Wlder grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
21.20 Slate: No funds received pursuant to this contract may be expended for lobbying the ~gislature 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 bas 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, ~nspeCted 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 intecest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined
by rule. Interest penalties of less than one (I) doUar 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, 1-8~
848-3792.
23.00 Public Entity Crime: Pursuant 10 287.133(3Xa) F,S. the following is applicable to this agreement.
287. 133(2Xa) "A person 01' 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 10 provide any goods or services 10 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 submi' bids on lea.-;esof 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 lWO for a period of 36 months from the date of being placed on the convicted vendor
list. "
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Res. 11-- 30
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FORM n.~
1'IJ8UC 'fIVlNSr ADMIN
OOC . 09i'l6
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WPI NO.
JOB NO.
Contract No.
Agreement Date
7826659
15007-3877
AE-078
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:
BY:
~
Elizabeth K. Deptula
City Manager
~ City of Clearwater
COUN'fERS IGNED :
Rita Garvey,
Kayor-Commissioner
ATTEST:
Cynthia E. Goudeau, City Clerk
Approved as to form and
legal sufficiency:
ohn Carassas, Assistant City Attorney
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FOOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
~/At /7}~ ~~ 3IV.3f't/
~ /" ,~ LEGAL APPROVAL
DEPARTMaIT OF TRANSPORTATION
DEP ARTMEr-rr OF TRANSppRT ATlON
TITLE
DIRECTOR OF PLANNING AND PROGRAMS
IlECYCUD PAID *
,L(es. C(l - 30
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WPI NO. 7826659
JOB NO. 15007-3877_
CONTRACf NO. AE-078
EXHmIT II A II
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 346184748.
dated
PROJECf LOCATION: Clearwater Executive Airpark
Clearwater, Florida
PRomer DESCRIPTION: Construction of a new terminal building.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.<<J of the Agreement sha1l 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:
s.p..Ila 1996
.45. Q1--30
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WPI NO. 7826658
JOB NO. 15007-3876
CONTRACf NO._AE-263
EXHIBIT "BW
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
Y.
PROJECr COST:
$ 200, ()()()
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WPI NO. 7826659
JOB NO. 15007-3877
CONTRACT NO.. AE-078
(Exhibit updated 9/95)
EXHIBIT "C" - A VIA TION
(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 POBox 4748 Clearwater
FI 346] 8-4748
dated
Only items indicated with an "}C' are applicable.
SUBMITI' AUCERTIFlCA nON
_X_ Consultant Selection Compliance
Feasibility Study (if necessary)
_X_PFJEIS (ifnecessary)
-:,X _Design Submittal
9()O1O
100%
_X_ ConstructionlProcurement
_X_MBE Compliance
_X_Safety Compliance
EA/Master Plan Submittals
(Each Section)
Preliminary
Final
X Audit Reports
-"_Certification of Completil)n
BASIS OF ACCEPT Ai~CE
Public Agency Attorney's Certification
Public Agency
Public Agency
Department review letter and written approval
Department review letter and written approval
Public Agency Certification
Public Agency Certification
Public Agency Certification
Department Review and Written Acceptance
Annually by Agency's Auditor
Agency Letter
f?es. q7 - 30
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_ Appraisals
Applicable State Laws
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_ 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 Deparbnent 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 invo:ce within the proper time frame, the
Department may deny payment of the Deparbnent's share of the invoice.
2. REQUIRED SUBMITTAL FORM
The Agency shall submit invoices on fonns 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.
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Invoice Documentation: (AJso 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 JPA 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 of the 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 iterr.s 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 MaJiager.
3.
APPROVAL OF SUBMIIT AL
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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
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WPl NO. 7826659
JOB NO. 15007-3877_
CONTRACT NO. _AE-078
EXHmrr "F"
SPECIAL Am.PORT ASSURANCES
1l1is exhibit fonns 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
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.
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b.
Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
ll. 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
ofa grant agreement utilli.ing 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.
m. 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.
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Sop4embor 1996
~s. 97-GkJ
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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 tenns, 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 tenns.
f. It will pennit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
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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 offsi!e 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.
;)
~1996
Kcs. 97-~
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RESOLUTION NO. 97- 30
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
JOINT PARTICIPATION AGREEMENT BElWEEN
THE CITY OF CLEARWATER AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION,
TO CONSTRUCT A NEW TERMINAL BUILDING AT
CLEARWATER AIRPARK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the existing Flight Operations Terminal Building at Clearwater
Airpark was constructed in 1970; and there are several problems with the
existing building including, non-compliance with current American with
Disabilities Act (ADA), severe differential foundation settling, termite damage and
inefficient HVAC systems;
WHEREAS. the replacement of this building is currently programmed in
the City's budget for FY 00/01, with the location to be determined during the
Airpark Masterplan update process; and
WHEREAS, the Florida Department of Transpiration (FOOT) has agreed
to provide 50% reimbursable funding for the construction of a new flight
operations terminal building at Clearwater Airpark under Joint Participation
Agreement WPI 7826659, Job No.15007-3877, a copy of which is attached
hereto as Exhibit A, if executed prior to June 30, 1997; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, WPI No. 7826659, Job No. 15007-3877, to Construct a New
Terminal Building at Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
Attest:
~ "lfAb-<-. t;"fIC?;t(!ftL
..jnCyn la. udeau, City' Clerk
o Resolution No. 97-30
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John Carassas, Asst. City Attorney
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