90-02
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No. 90 .. 2
A RBSOLUTION OF THE CITY COMHISSION OF THE CITY
OF CLEARWATER, n.oRlDA, AUTHORIZING mE BXECUTION
OF JOINT PARTICIPATION AGREBMBNTS BE'l'HERN THE CITY
AND THB STATB OF FLORIDA, DEPARTMENT OF TRANSPOR-
TATION, TO PROVIDB FOR TilE CONSTRUCTION OF IMPROVE-
MENTS AT TeE CLEARWATER EXECUTIVE AIRPARK.
WHEREAS, the construction of improvements at the Clearwater
Executive Airpark is n~ceBBary to the safe, efficient, and
economically sound operation of the Clearwater Executive Airpark, and,
WHEREAS, the City of Clearwater and the State of Florida
Department of Transportation jointly co~ssioned and approved an
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Airport Master Plan which identified and validated the need for such
improvements at the Clearwater Executive Airpark; and
WHEREAS, the City Commission of the City of Clearwate~ wishes to
enter into Joint Participation Agreements with the State of Florida,
Department of Transportation, for state participation in the cost of
the improvements to the following facilities at the Clearwater
Executive Airportr and runway and taxilanes, drainage improvements,
maintenance hanger, administration building, fencing and s1gnage; and
WHEREAS, the State of Florida, Department of Traneportation, is
prepared to assist in the construction of such improvements under WPI
nos. 7927353 and 7927354 through Joint Participation Agreement, Job
No. 15099-3802, and Joint Participation Agreement, Job No. 15099-
3908, copies of which are attached hereto as Exhibits A and B;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COHHISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section ~ The Joint Participation Agreement, Job No. 15099-
3902, and the Joint participation Agreement, Job No, 15099-3809
between the City and the State of Florida, Department of Transporta-
tion, are hereby accepted and approved as attached, and the Mayor and
City Manager are authorized to execute the Joint Participation Agree-
ments,on behalf of the City of Clearwater.
Section ~. This resolution shall take effect immediately upon
adoption.
PASSED .AND l'.DOPTED this
1st
day of February, 1990.
Attest:
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Form 801-a1
Rev. 6/88
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WPI No.: 7827353
Fund: 010
FunctiC\n; 6 3 7
F.A. No,:
Contract No.:
SAMAS Approp: 1400 1 3
SAMAS Obj,: 71 0048
Org. Code: 55072020729
Vendor No,: VFS96000289006
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Job No.: 15099-3802
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DMSION OF PUBLIC TRANSPORTATION OPERATIONS
JOINT PART~CIPATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an
agency of the State of FIorida, hereinafter called the Department, ::.nd :
the City of Clearw~ter, P.O. Box 4748. Clearwater, Florida 34618-4748
hereinnIter called the Agency,
WITNESSETH:
,WHEREAS, the Agency has the authority to enler into said Agreement and to undertake the Projec!
hereinafter described, and the Department has been granted the au~hori[)' to function adequately in all .,
areas of appropriate jurisdiction including the implementation of an integralcd and balanced
transportation systemj
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agrce as follows:
1.00. Purpose or Agreement: , The purpose of this Agreement is to provide for the undertaking of
Reconstruct Runway, Taxilanesj Drainage Improvements
and. as further described in Exhibit(s) A I B . & C attached hereto and by this reference made a part
hereof, hereinafter called the Project.' and to provide Departmental fmancial wistance to the Agency
and state the terms and conditiollS upon which 8uch assistance will be provided and the understandings
, " as to the manner in which the Project will be undertaken and completed.
EXHIBIT A
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Farm 801.01
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6,00 Prc>Ject Budget lInd Disbursement Schedule:
6.10 The Project Budget: Prior to the execution of this AgrecmcntJ a Project Budget, Exhibit
"B-, sball be prepared by the Agency and approved by the Department. The Agency shall maintain said
budget, canj' out the Project and sball incu.r obligations against and make disbursements of Project
funds only in conformity with the latest approved budget for the Project. The budget may be revised
periodically, but no budget revision shall be effective unless it complics with fund participation
requirements established in Article 4,00 of this Agreement and is approved by the Department
ComptroUer.
6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased
schedule of the Department funds to be expended on the Project. This schedule shall ~~ow cstimated
disbursement$ for the entire term of the Project by qua.rter of fiscal year in llccordance With Department
fi$cal policy. The. schedule may be divided by Project phase where such division is determined (0 be
appropriatc by the Department. Any signifiC3J1t deviation from the approved schedule in Exhibit "B"
requires submission of a suppleme~~al schedule by the agency.
7.00 Accounting Records:
1.10 EstablIsbment and Maintenance of Accounting Records: The Agency .sha.l.l cstablish for thc
Project, in conformity with uniform requirements cstablished by the Department to facilitate the
administration at the financing program, separate aCCOUnl5 to be maiDtaiDed within its existing accounting
system or establish independent accounts. Such accounts are referred to herein collectively as the
.Project Account". The Project Account .shall bc madc available upon rCQuest by the Department any
time during the period of the Agreement and for five years ilf'ter fmal payment is made.
. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in
the Project Account, and deposit in a bank or trust company which is a m.ember of the Federal Deposit
Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and
all other funds provided for, accruiog to, or otherwisc received On account of the Project, which
Department payments and other funds are herein collectively reCerred to as "Project Funds.. The Agency
sball 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 Cor the
deposit oC Project fund3 by the Department, by the deposit or setting aside of collateral of the types
and in the manner as prescribed by Statc Law for the security of public funds, or as approvl"d by the
Departmcnt.
7.30 Costo Incurred for Ule Projec~ The Agency shall charge to the Project Account all eligible
costs oC the Project. Costs in excess of the latest approved budget or attributable to actioDS which
have not received the requi:ed approval of the Depa.rtment shall not be considered eligible costs.
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7.40 Documentation of Project Costs: All costs charged to the Project, including any approved
services contributed by the Agency or others, sbnll be supported by properly executed payrolls, time
'records. invoices, contracts, or vouchers evidencing in proper detail the nature lUJd propriety of the
chIU'8C$., ' '
7.50 Checks, Order.l, and Voudltrs: Any check or order drawn by (he Agency with r~pect to
any item wbich is or will be chargeable against the Project ACCQunt will be drawn only in a~ordance
with' a properly signed voucher then On me in the office. oC the Agency staling in proper detail the
purpose for which SlJch checlc. ,or order is drawn. All chetb, payrolls, invoices, contracts. vouchers,
. ordcrs, or other accounting documents pertaining in whole or in part to the Project shall be clearly
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Form 801-01
6/88
idtntified. readily accessible, and. to the extent feasible, kept sep:\rate and apart from all other' such
document!.
7.60 AudIt Reports: The Agency shall provide for each of its ns~ years for which the Project
Account remains open, an audlt report prepared either by iu official auditor or aud1t agency 'or an
independent c.:rtified public accountant, renecting in detail the use of the funds of the Department, the
Agency, and those from any othcr source with respect to the Projcct. Audits shall be performed in
accordance with generally accepted government auditing standards for financial and compliance audits and
OMB Circulars A.128 or A.110.
8.00 RequlslUons and Payment.s:
8.10 PrellmlnDry Action by the Agency: In order to obtain any Department fu'~ds, the Agency
shall:
8.11 FlIe with the Depat1ment of Transportation, District S eve n , Tam p a
Florida, 33609 its requisition on form or forms prescribed by the Dcpartment, and such other
data pertaining to the Project Account (llS defined in Section 7.10 hereot) and the Project as the
Department may require. to justify and support the payment requisitioDS, including
(1) the date the Agency acquired the property
(2) a statement by the Agency certifying that the Agency bas acquired said property and
(3) if the requisition covers the acquisition of real property, a statement signed by the
Agency attorney certifying that the Agency bns acquired said real property.
(3A) a statement that two independent appraisals were obtained
(4) actual consideration paid for real property
8.12 Comply with all appllcahle provisions of this Agreement.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will bonor
such requisitions in amount$ 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, notwithLtanding any otber provision of
this Agreement, the Department may elect by notice in writing not [0 make a payment on Project Account
if:
8.21 Misrepresentation: The Agency shall bave made misrepresentation of a material nature
in its appUcation, or any $upplement thereto or amendment thereof, or in or with respect to any
document of data furnished therewitb ?r pursuant hereto;
8.22 UtJgaUon: There is then pending litigation with respect to the performance by the
Agency of any of its duties or obligatioDS which may jeopardize or adversely affect the Project,
tho Agreement, or payments to the Project.
8.23 Acceptance by Department: The Agency shall bave taken any action pertaining to the
, , Project which under this agreement requires the acceptance of the Department or bas made related
expenditure or incurred related obligatioll3 without having been advised by the Department that
same arc acceptable.
8.24 Conflict of Intere"ts; There bas been any violation of tbeconffict of interest
provisions contained herein.
,. 8.25 Default: ~e Agency has been determined by the Department to be in default under
any of the provisions of the Agreement.
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Form 801.01
6/88
Rev. '3/89
"(a) The Department, during any f1Scal year, sball not expend money. incur any liability, or enter
into any contract which, by its terms involves !be cxpenwture of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract. verbal or written,
made hi violation oE this .1ub.section sball be null and void, and no money shall be paid thereon.
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 shall prevent the making of contracts for a period e:l:ceeding one 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 twenty. five thousand dollars and having a term
for a period of more than ooe year:
18.00 Expiration of Contract.: The Agency agrees to complete the Project on 0; b;fofl~
1 2 - 30- 93 . If the Agency does not complete the Project within tht'\ time period,
this contract will expire unless an exteDSion of the time period is granted to the Agency in writing by
the District Secretary, District 5 eve n . Expiration of this contract will be considered termination of
the Project and the procedure cstablished in Paragraph 9.00 oC this contract sball be initiated.
19.00 Agreement Fonnot: All words used herein in the singular lorm sball 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 Exec:uUoD oC Agreement: This contract may be simultaneo~Jy executed in a minimum of two
counterparts, each of which so executed shall .be deemed to be an original, and such counterparts
together sball constitute one in the same instrumellt.
21.00 Bi.I1s for fees or otber ccmpcIl5ation for services or Cllpenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
22.00 Bills Cor any travel expenses shall be submitted in accordance with 5.112,061. The
Departmcnt may establish rates lower than the maximum provided In 5.112.061.
23.00 Thc Department rcservcs the right to unilaterally cancel this agreement for refusal by the
contractor or agency to allow public access to, all documents, papers, letters, or other material subject to
the provisions of Chapter 119 and made or received in conjunction with this contract.
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6/88
WPI NO.
JOB NO.
7R?7~c]3
1;OQQ-3A02
EXHIBIT .K
,PRomer DESCRIPTION AND RESPONSIBILITIES
,(
This. Cxhibit forms an integral part of that certain 10int Participation Agreement
, 'between the State of ,Florida, Department of Transportation and the C i t Y 0 f
:Clearwa ter' dated
PROJECT LOCATION:Clearw~ter Executive Airport,
Pinellas County, Florida
, d, PROJECT DESCRIPTION: Reconstruct Runway, Taxilanes; ,Drainage
Improvements.
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pARAGRAPH 4.10' OF THE J01NI' PARTICIPATION AGREEMENT
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, U,' this Agreement is executed prior t,o funding being available and approved by the '
,'" ""'. Department' Comptroller, note the conditions of Paragraph 4.10 of this Agreement.
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",; ,:; SPEcrAi. CONSIDERATIONS BY AGENCY:
None
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, S~ECIAL CONSIDERATIONS BY DEPARTMENT:
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WPI NO. 7A?7":\'i":\
JOB NO. 15099-3802
EXHIBrr 'D"
(GENERAL)
p:R.Orecr COST AND CASHFLOW
This 'exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and the C i t Y 0 f ,"
C 1 ear wa t e r dated ,;
I. p:R.Orecr COST:
S 348,000.00
TOTAL PRorecr COST $ 348 ,000 . 00 '
ll. PARTICIPATION:
Federal Participation UMTA, FAA, FRA ( 0 %) S -0-
Public Agency Participation
In.Kind (0 %) S -0-
Cash ( 50%) S 174,000.00
Department Participation
Primary (0) (50%) S 174,000.00
.. Federal Reimbursable (DU) ( 0 %) S -0-
" Local Reimbursable (DL) ( 0 %) S -0-
TOTAL PROJEcr COST $ 348,000.00
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..m..".,,', ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000)
I
FISCAL YEAR '
89/90
90/91
1ST QTR
2ND QTR
3RD OTR .4TH OTR
87
87
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WPINO'. 7A?71~1
JOB NO. 15099-3802
EXHIBIT "8"
(GENERAL)
PROJEer COST AND CASHFLOW
This 'exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and the C it y o:f ,"
Clearwa ter dated
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t. PROJEer COST:
$ 348,000.00
. TOTAL PROmer COST
n.' , PARTICIPATION:
:Federal Participation UMTA, FAA, FRA
$ 348,000.00
( 0 %) S
-0-
Public Agency Participation
, In-Kind
.. 'Cash
(0 %) S
( 50%) S
-0-
174,000.00'
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Department Participation
. Primary (0)
Federal Reilnbursable (DU)
" Local Reimbursable (DL)
(50 %) $ 174,000.00
( 0 %) S -0-
( 0 %) $ -0-
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TOTAL PROJEer COST
$ 348,000.00
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ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1(00)
FISCAL YEAR
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1ST QTR' 2ND QTR
4TH OTR
87
3RD QTR
. 89/90
90/91
'87
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WPI No, 7 82735 3
JOB No. ,15099-3802
EXHIBIT "CO
(GENERAL)
This exlnbit [omu and integral part of that certain Joint Participation Agreement
between the S tate of Florida Department of Transportation and the C i t y 0 f
C 1 ear w a t,e r dated
Documents 'required to be submitted to the' Department by the agency in accor4adce : with
the terms of this contract. ' ' ., ' . ,.,'
.SUBMITTAL/CERTIFICATION
BASIS OF .ACCEPTANCE
Consultant Selection Compliance
Public .Agency Attorney's Certificat~on
Public Agency
,Feasibility Study(if necessary)
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PE/EIS(if necessary)
Public Agency
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DeSign Submittal
90%
100% I,
Department review "letter and written approval
',Department review letter and written approval
Construction/Procurement
Public Agency Certification
MBE Compliance
"~afety Compliance
:Audit-Reports
Certification of Compl~tion
Public, Agency Certification'
Public 'Agency Certification
Public Agency Certification
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Department review of Agency letter
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2,00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the Project as described in
Exhibit MN with all practical dispatch, in a sound, economical, and efficient maiwer, and in accordance
with the provido05 herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the eVent that any e1ectioD, referendum,
approval, permit, DOtiCC, or other proceeding or authorizatioa .is requisite under applicable Jaw to enable
the Agency to enter into this Agreement or to undertake the Project hereunder, or to observe, assume
or carry out any of the provisions of the Agreemclll, the Agency will initiate and consummate, as
provided by law, all adions necessary with respect to any such matters so requisite.
2.30 Funds of tbe Agency: The Agency shall initiate and prosecute to completio.~' all proceedings
necessary includWg federal aid requirements to enable the Agency to provide the necessary funds for
completion of the Project.
2.40 Submission or Proceedings, Contracts and Other' Documents: The Agency shall submit to the
Department such data, reports, recordsJ contracts and other documents relating La the Project as the
Department may require as listed in exhibit .C".
3.00 Project Cost: The total estimated cost of tbe Project is S 108 , 000 . This amount is'
based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Agency, agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits
involved.
4,00 Department PnrtlcJpnUon: The Department lIgrees to mnximum participation, including
contingencies, in the Project in the amount of $ 54 ,000 as detailed in Exhibit "n", 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 tosts eligible for State participation will be ~llowed only from
the date of this Agreement. It is wtdc:rstood that State:: participation in eligible:: project costs is subject
to:
a) Legislative approval of the Department's annual budgetj
b) Avallibility of funds as stated in Atticlc:: 17.00 of this Agreement;
c) Approval of aU plans, specifications, contracts or other obligating
documents and all o~er terms, of tllh contract;
d) Department approval of the project scope and budget (Exhibits A & B)
at the time funding becomes available;
e) F'JStal approval and encumbran'ce of funds prior to payment of invoices
for eligible project costs.
4.20 Front End Fundinlf. Front end funding ~ (is not) applicable. If applicable, the Department
may initially pay 100% of the total aUowable incurred project costs up to an amount equal to its total
share of participation as shown in paragraph (4,00).'
, 5.00' Retalnage: Retalnage ~ (is not) applicable. if applicable. _ - 0 - percent of the
Department's total share of participation as shown in paragraph (4.00) is to be held in retainage to be
disbursedt at the Department's discretion, on or before the completion of the fwal project audit
by the Department. '
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Form 801-01
6/88
identified, readily accessible. and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: The Agency shall provide for e3ch of its fiscai years for which the Project
Account remains open, an audit report prepared either by its official auditor Or audit agency or an
independent certified public accountant. reflecting in detail the use of the funds of the Department, the
Agency, and those from any other source with respect to the Project. Audits shall be performed in
accordance with generally accepted government auditing standards for financial and compliance audits and
OMB Circulars A-128 or A-ItO,
shall:
8.00 Requisitions and Payments:
8.10 PrelimInary ActIoa by the Agency: In order to obtain any Departmcnt funFs, the Agcncy
8.11 File with the Department of Transportation, District Seven. Tamoa
Florida, 33609 its requisition on form or forms prescribed by the Department, and such other
data pertaining to the Project Account (as derIDed in Section 7.10 hereof) and the Project as the
Department may require, to justify and support the payment requisitions. including
(1) the date the Agency acquired the property
(2) a statement by the Agency certifying that the Agency has acquired said property and
(3) if the requisition covers the acquisition of real property, a statement signed by the
Agency attomey certifying that the Agency has acquired said real property.
(3A) a statement that two independent appraisals were obtained
(4) actual consideration paid for real property
8.U Comply with all applicable provisions of this AgreemenL
8.20 The Depnrtmml's Obligations: Subject to other provisions hereof, the Department will honor
such requisitions in amollnts and at, times deemed by the Department to be proper to ensure the carrying
out of the Project and payment of the eligible costs. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a payment on Project Account
if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature
in its application, or any supplement thereto or amendment thereof, or in or with respect to any
document of data furnished therewith .or pursuant hereto;
8.22 Utlgnt1on: 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 payment:; to tbe Project. .
8.23 Acceptance by Department: The Agency shall have taken any action pertaining to the
Project which under this agreement requires the acceptance of the Department or has made related
expenditure or incurred related obligatiolJS without having been advised by the Department that
same a~e acceptable.
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8.24 ConOlct of Intet'Uts: There has been any violation of the conflict of interest
provisions contained herein.
8.25. Default: The Agency has been determined by the Department to be in default under
any of I the pruvisions of the Agreement.
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8.30 Disallowed Costs: In determining the amount of the fmanclng payment, the DepartJJ1cnt will
exclude all Projects costs incune.d by the Agency prior to tbe effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project. and costs attributable to goods
or services received UDder a contract or other arraDgements which have not been approved in writing by
the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons Of, before completion, finally
discontinues the Project; or if. by reason of any of the events or conditions set forth in Paragraphs
8.21 to 8.25 inclusiv~ of Section 8.20 hereof, Of for any other reason, the commencement, prosecution,
or timely completion of the Project by the Agency is rendered improbable, 'infeasiOle~ impossible, or
illegal, the Department may, by written notice to the. Agency, suspend any or all of its ~obligations under
this Agreement until such time as the eVent or condition resuJting in such suspension has ceased or been
corrected, or the Department may terminate any or all of its obligations under this Agreement.
9,11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any fmnl
termination or suspcl1Sion Dotice under this SectioD, the Agency shall proceed: promptly to carry out
the actions required therein which may include aDY or all of the following: (1) necessary action to
termiDatc or suspend, as the case may be, Project activities and contracts and such other action as
may be required or desirable to keep to the minimum the costs upon the basis of which the .
financing is to be computed; (2) furnish a statement of the project activities and contracts, and
other undertakings the cost of which are otherwise includable as Project costSj and (3) remit to the
Department such portion of the rmancing aDd aDY advance payment previously received as is
determmed by the Department to be due under the provisions of the Agreement, The termination
or suspension shall be carried out in conformity with the latest schedule, plan, and budget as
approved by the Depnrtment or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time.
The acceptance of a remittance by the Agency or the closing out or Federal fInancial participation in
the Project shall, not constitute a waiver of any claim which the Department may otherwise have
arising out of this Agreement.
10.00 Remission of Project Account Upon CompleUon or Project: Upon completion of the Project, and
aIter payment, provision for payment, or reimbursement of all Project costs payable from the Project
Account is made, the Agency shall remit to tbe Department its sliarc of any unexpended balance in the
Project AcalUDt.
11.00 Auellt and Inspection: The Agency shall permit. and sball 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 flIlancing and development of the Project.
U.OO Conlracts, of the Agency: ,
U.lO Third Party Agreements: Except as othenvise authorized in writing by the Department, tbe
Agency shall Dot execute any contract or obligate itself in any manner requiring the disbursement of
Department joint participation funds, including consultant or construction contracts or amendments
thereto, with any, third party with respect to the Project without the written concurrence or the
Department. Failure to obtain such concurrence sball be sufficient caUSe for nonpayment by the
Department as provided in pnragraph 8,23, The Department specifically reserves unto itself the right to
review the. qunlliications of any consultant or contractor and to approve or disapprove the employment of
the same.
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12.20 Compliance wilb Consultants~ Competitive Negotiation Act: It b understood and agreed by
the parties hereto that participation by the Department in a project with an Agency, where said project
involves a consultant contract for engineering, architecture or surveying services, is contingent On the
Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. As a further condition, the agency will involve the Department in the ConsultllDt
Selection Process Cor all projects. In all cases, the Agency's Attorney shall certify to the Department
that selection has been accomplished in compliance with the Conswtant's Competitive Negotiation Act.
12.30 Minority Business EnterprIn (MBE) Polley and ObllgatIon:
12.31 MBE Polley: It is the policy of tbe Department that mmoricy business enterprises as
defined in 49 CFR Part 23, llS amended, shall havc the maximum opportunity to participate in the
performl1llce of contracts financed in wbole or in part with Department funds uDqcr this agreement,
The MBE requirements, of 49 CFR Part 23, as amended. apply to this agreement,
12.32 MBE ObUgat1on: The Agency and its contractors agree to enSUre that Minority
Business Enterprises a.'i defined in 49. c.F.R. Pnrt 23. lIS amended, have the maximum opportunity
to participate in the performance of contracts and this Agreement. In this regard, all recipients.
and contractors shaJJ take all necessary and reasonable steps in accordance with 49 C.F.R. Part 23,
as amended. to ensure that the Minority Business Enterprise have the maximum opportunity to
compete for and perform contracts. Grantees. recipients and their contractors shall not discriminate
on the basis of race, color, national origin or sex in the award and performance of Department
assisted contracts.
12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass Transportation
Administration or Federal Highway Administration Funding is a part of this project, the the Agency
must comply with Subpart (E) of CFR 49, Part 27. as amended.
13.00 Restrlct1on'i, Prohibitions, Controls, Dnd Labor Provisions:
13.10 Equal Employment Opportunity: In connection with tbe carrying out of any Project. the
Agency shaH Dot discriminate against any employee or applicant for employment because of racc, age,
creed. color. sex or national origin, The Agency will take aCflrmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, age.
creed. color, sex, or national origin. Sucl1 action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertisingj layoff or
termination; rates of payor other forms of compcnsation; and selectjon Cor training, including
apprenticeship. The Agency shall insert t.be foregoing provision modified only to show the particular
contractual relatioDSbip in all its contracts in connection with the development of operation of the
Project, except contracts for the standard commercial supplies or raw materials, and shall require all
such contractors to insert a similar provision in all subcclDtracts, except subcontracts for standard
commercial supplies or raw materials. When the Project involves installation, construction, demolitiol1,
, removal, site improvemen~ or similar work, the Agency shall post. in conspicuous places available to
employees and applicants for employment for Project work, notices to be provided by the Department
setting forth the provisions of the nondiscrimination clause.
13.20 ,ntle VI . CIvil RJghts Act or 1964: The Agency will comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252). the Regulations of the Federal
Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
13.30 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors
sball enter into any contract, subcontract, or arrangement in connection with the Project or any
property included or planned to be included in the Project, in which any member, officer, or employee
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Rev. 3/89
"(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 expcnditure of money in excess or ~e ati10unts
budgeted as available for expenditure during such fIScal year. ~y contract, verbal or written.
made in violation of lh.is subsection shall be null and void, and no,' mon'ey shall be paid thereon.
The Department shall require a statement from the: comptroller or the Department that funds arc
available prior to entering into any. such contract or other binding commitment or funds. Nothing
herein shall prevent the making or contracts for a period exceeding ODe year, but any contract so
made shall be executory only for the value or 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 or the
Department which are. for an amount in excess of twenty.five thousand dollars and having a tcrm
r~r a period or more than one year:
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18.00 Expiration of Contract: The Agency agrees to complete the Project on or ,oefore
12-30-93 If the Agency does not complete the Project within this time period,
this contract will expire unless an extension or the time period is granted to the Agency in writing by
the District Secretary, District ~pvpn.. Expiration of this contract will be considered termination of
the Project and the procedure established in Paragraph 9,00 of this contract shall be initiated.
19.00 Agreement Fannni: All words used herein in the singular rorm 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 geuder shall extend to and include all genders.
20,00 Execution of Agreement: This contract may be simulraneously executed in a mlDlDlum 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 Bills for fees or other compensation for services 01' expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof,
22.00 Bills for any travel expenses shall be submitted in accordance with s,112,061. The
Department may establish rates Jower than the maximum provided in 5.112061.
23.00 The Department reserves !he right to unilaterally cancel this agreement for refusal by the
contractor or agency to allow public access to all de cuments, papers, Jetters, or other material subject to
the provisions' of Chapter 119 and made or received in conjunction with this contract.
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8
WPI NO. 7827354
JOB NO. 15099-3808
EXHIBIT RA"
PRomer DESCRIPI10N AND RESPONsmILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of F1orid~ Department of TrlU1:iportation and the City of
Clearwater ' : . dated
PROJEer LOCATION:, Clearwater Executive Airport.
Pinellas County, Florida
PROJEer DESCRIPTION: Maintenance Hangar; Administrative
Building; Fencing; Airport Sign.
PARAGRAPH 4.10 OF THE JOINT PARTICIPATION AGREEMENT
U this Agreement is executed prior to funding being available and approved by the '
'Department Comp~oUer. note the condiuollS of Pfl!agraph 4,10 of this Agreement.
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SPECIAL CONSIDERATIONS BY AGENCY:
,None
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" SPECIAL CONSIDERATIONS BY DEPARTMENT:
None
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WPI NO. 7827354
JOB NO. 15099-3808
EXHIBIT "BO
(GENERAL)
PRomer COST AND CASHFLOW
This 'exhibit forms an intcgral part of that certain Joint Participation Agrec~cnt
bctwccn thc State of Florida. Department of Transportation and the Ci tv of' .'
Clearwater datcd ~
,.
J, PROJECT COST:
$ 108,000.00
TOTAL PROJECT COST
S 108,000.00
U, PARTICIPATION:
Federal Participation UMTA, FAA, FRA
. ( 0 %) S -0-
Public Agency Participation
In~Kind
" ' Cash
( 0 %) S . -0-'
( 50%) S 54,000.00
Department Participation
Primary (D)
Federal Rcimbur:;ablc (DU)
, Local Reimbursable (DL)
(50 %) $ 54,000.00
( 0 %) $ -D-
C 0 %) $ -0-
,TOTAL PROJECT casr
$ 108,000.00
m. ESTIMATED' CASHFLOW OF BUDGETED FUNDS ($ X 1000)
FISCAL YEAR
90/91
1ST OTR
4TH OTR
54
2ND OTR
3RD OTR
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6/88
WPI No. 7827354
JOB No. ,15099-3808
EXlDBrr"C'
(GENERAL)
This exhibit forms and integral part of that certain Joint Participation Agree~ent
between the State of Florida Department of Transportation and the City of
Clearwater. dated
Documents 'required to be submitted to the' ~epartment by the agency in acco:9adce; with
the terms of this contract.
'SUBMI'IT AL(CERTIFICA TION
BASIS OF ACCEPTANCE
Consultant Selection Compliance
Public Agency Attorney's Certification
Feasibility Study(if necessary)
Public Agency
PE/EIS(if necessary)
Public Agency
Design Submittal
90%
, 100%
Department review letter and written approval
Department review letter and written approval
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Construction/Procurement
MBE Compliance
Public Agency Certification
Public Agency Certification'
Public 'Agency Certification
~afety Compliance
:Audit'Reports
'Certification of Completion
Public Agency Certification
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'Department review of Agency letter
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6)
WPI NO. 7827354
JOB NO. 15099-3808
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AGREEMENT 'DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be
executed, the day and year first above \\TiUen.
AGENCY
CITY OF CLEARWATER, FLORIDA
BY:
'Ron H. Rabun
.Ci ty Manager
'Countt~rsigned:
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Rita Garvey.
Maycir-Commission~r
Attest;
Cynthia E. Goudeau
City Clerk
'Approved 'as to form
and corre'ctnes s :
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M. A.,Galbraith, Jr.
:..Cit~ 'Attorney,
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DATE' FUNDING 'APPROVED 'BY', COMPTROLLER'S ' .
OF~JCE (SEE A'ITACHED El'fCUMBRANCE FORM)
APPROVED AS TO FORM, LEGALITI'
A1TORNEY
DEPARTMENT OF TRANSPORTATION
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DlSTRlCl' SECRETARY
OR
OlRECl'OR OF PLANNING AND PROGRAMS
A'ITEST:
(SEAL)
EXECtmVE SECRETARY
OR NOTARY
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