Loading...
90-02 . ,. ,. .1 Gi) o . . RB..s.Qltll~1..QH 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 I 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: 'tll." . , 'tl ~ . . , '. , .~...' ~- /./~ -:, ':Ci.:y' Clerk. ,', : ", (,j' ".., " , / I .... -.,' '" I '-' , " r (l ,. ~/ t~ 1./', ' I . \ L ~ ~ ~ I . . 't.' ,. , , , ~ e 1. " Form 801-a1 Rev. 6/88 ..a=a.._aa=a_a~~aa=R.~~=c~a=a&=_.aa~=..m~=caca~.~_=aaa___=cc== 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 ,#.. . Job No.: 15099-3802 aG.~aa~.~m==c.c~~u=a===a._a~maaca=a.m._.a=a=a~==~~a~.n=====ca~ 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 "I .. I , ~ o . Farm 801.01 ,6/88 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. . " 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 ~ .. , ~ ~ . \, 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. . . . I' (;) o ',' ,\ c' 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. :, . ~ , , . ,- . e fa " ....1 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. ,., 'i"' , ,. pARAGRAPH 4.10' OF THE J01NI' PARTICIPATION AGREEMENT ,,' , 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. , I '" . i ." :. ~ , " . ,< ",; ,:; SPEcrAi. CONSIDERATIONS BY AGENCY: None , " ." ...,' .' i' , S~ECIAL CONSIDERATIONS BY DEPARTMENT: , ,-4. , . . None c ~ . 1', . I /( .i.'''C l. 1.' 1 ',\'. . , ,~ ",\. " ' '., , ,<" ., , j " L. ...\ ,.1 . .. , . , " . " ~ $ \. ' 6/88 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 , ' ..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 ,0 II .10 \ , , \ " .. \ " ,6/88 " $ ~ 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 ..t. . ',', ,'<.' ~ ....: : (. .' m. , I .' : f . ~ . > I.. ,:" / ~ ~ 'r " '.' . , ' , ...... :'", , , , J', , , , 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' r ' Department Participation . Primary (0) Federal Reilnbursable (DU) " Local Reimbursable (DL) (50 %) $ 174,000.00 ( 0 %) S -0- ( 0 %) $ -0- , " TOTAL PROJEer COST $ 348,000.00 : , ' ~ ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1(00) FISCAL YEAR , , 1ST QTR' 2ND QTR 4TH OTR 87 3RD QTR . 89/90 90/91 '87 " ., "I " c . ., ., .. . \ ,', :. .' L '. ., :<1.. , " : :. ~: ',.., . ... .' . . ."~'.: ,. . , : ' . " : , ' .'. ... '. . ""7;' .' ....>. .' , ~ s , 6/88 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) , , PE/EIS(if necessary) Public Agency " 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 " Department review of Agency letter " : ..i,j' , " , , , - c..'}. , '. " ' ~ .~. , " . ~ . , . . ~ ~ . ..,. , , o e " Form 801-01 6/88 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. ' ~ ., . J/j . @ <i 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. I ..' 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. .. . .. ~ ~ . ,. Form 801-01 6/88 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. .. ". , .. . ~ e " ~ Porm 801-01 6/88 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 >J '-- -,. , - "~ ~ e . - : Form 801-01 6/88 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: . ".'t 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. 'i\ j II J .,~ '. . ': - . , . 6/88 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. ": . SPECIAL CONSIDERATIONS BY AGENCY: ,None , '. .. . ... " SPECIAL CONSIDERATIONS BY DEPARTMENT: None . : . l ,. ., " " I' --.L1 ... ... , " .... . , . . . ~-- ,. . iP - " , . 6/88 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 I: , ,'i --- , ., . . , ~, . Efi s . , " 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 . '. . Construction/Procurement MBE Compliance Public Agency Certification Public Agency Certification' Public 'Agency Certification ~afety Compliance :Audit'Reports 'Certification of Completion Public Agency Certification , , 'Department review of Agency letter ," , . ~~ '. '. " , " ,,~ \ . . ~ - - , ~ " Form 801.01 8/88 6) WPI NO. 7827354 JOB NO. 15099-3808 . . ~. 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: , \ Rita Garvey. Maycir-Commission~r Attest; Cynthia E. Goudeau City Clerk 'Approved 'as to form and corre'ctnes s : " . M. A.,Galbraith, Jr. :..Cit~ 'Attorney, '" , " ~ I < ~ " ., DATE' FUNDING 'APPROVED 'BY', COMPTROLLER'S ' . OF~JCE (SEE A'ITACHED El'fCUMBRANCE FORM) APPROVED AS TO FORM, LEGALITI' A1TORNEY DEPARTMENT OF TRANSPORTATION .. DlSTRlCl' SECRETARY OR OlRECl'OR OF PLANNING AND PROGRAMS A'ITEST: (SEAL) EXECtmVE SECRETARY OR NOTARY , ,