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97-10'. * � ► !_ ' � A RE50LUTIONI OF 3FiE CITY OF CLEARWATER, FLORIDA, AUTHORIZI6VG TH� EXECUTION OF A JOINT PARTICIPATION AGRE�iV1�NT BETWEEN 3HE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMEfVT OF TRANSPORTP�TION, TO UPDATE THE CL�ARWATER AIRPARK MASTER PLAN; PROi/lDING Ah! EFFECTIVE DATE. Vl�HEREAS, the upd��ing afi the Clearwater Airpark Master Plan i� necessary �ccording to the Florida Department or" Transportaiion aviation group, fo� the Ciiy �o b� eligible to receive either Floroda Department ofi Transporta#ion or Federal Aviafiion Administration granf funding; and WHEREAS, ihe existing Airpark Master Plan adopted by the Gity Comrrrission in 1989 has not been revised or updaied sinc� iis adoption; and WHEREAS, the Fiorida Department of Transportation has agreed to provide 50% reimbursable funding for the updating of the Clearwater Park Master �lan, under Join� Participaiion Agreemenfi WPI 7826658, Job RIo.15007- 3876, a co�y of which is attached herefo as Exhibit A; now, therefore, BE 1T RESOLVED �Y THE CITY COMMISSION OF THE CITY OF CLEARW�ITER, FLORIDA: ��ction 1. Ti he �iiy Commission hereby accepts and approves the Joint Participation Agreem�nt between the City and the State of Florida Department of Transporiation, �1/PI No. 7826�58, Job No. 15007-3876, to update the Clearwater Airpark Master Plan. Section.�. This r��olution shall take effect immediately upon adoption. PASSED AND ADOPTED this i�tt, day of April, 199i. Rira Garoey, Mayor-Commis ' er Approved as to form: Attest: �� . � � " r� ~ . .. �. . ,���_.�a . .: _ . .. . � - . J�ohn Cara�sas� Asst. Ci�y P�t��mey� Cyr� i� �. �oudeau� City Cle�lr �#�t�lu�ry Nn. �7�10 STA7E OF FIARIDA DPPARTMEN'f OF TRANSPOkTAT10N FORM 715m606 PUBLHC TRANSPOit'f'AT60N PUB(JCTRANSPAUMIN JOiA3T PARTICIPATION AGREEMENT °O°•09� � P.gc 1 of 11 1NPI No: 782665� Fund: O1� __ • SAMt�S Approp:�88719 Function: 607 SAMAS Obj.: 740(DU7 Job 4�To: i5Q07-�876 Federal No: Org. Code: 55072020728 Contract No: F,-263 _ Vendor No.: F5460Q0?.89002 TI�IS AGREEMENT, pnade and encered into this day of , 19 , by ae�d be�eveen 4i�e STAi`E OF �dARI13A iIEY'AI2'T14SEYdT. OF TRANSI'ORTATION, an agency of the State o£ Florida, h�resnaf4er c�%xxecl io as 9h� Uegactment9 A���Sla�nentni`,�n �c,x 4748,5'IP�,�,s�, F�; 34618�748 hereinafaE� r�fe�ec� ta as tha Agency. WITNESSETgI: W�iEREAS, the Agency has the authoriry to enter into said Agreement and to undertake die project hereinafter described, and the �epartrnen4 has beern grantedl the au[hority to function adequately in al! areas of appcopriate yEUisd%�cF=;on i�cltxYi�g �ae i�gl�menlaSo� of an integrated and halanced transportation system and is authosized under �,1�" '�� ,Floai�la 5tatutes, to entee in4a this Agreement; � � AT4�N, �ORE, in �a�saderaBon of the muYuai cavec�ants, promises and represantations herein, the parties agree f as follows: � 1.00 Purpose af agreemenfs Tiie purpose of this Agreement is to provide funding for the update of the Aisport Master Plan: aud as furt6er described in Exhibit(s).t'�,�,�,�t�.c1.F -- attached hereto and by this reference made a part �f, i�ceeimfter refemd ta as the p%ject, and tia Ix'ovbde I�epasb►�eta1 fu�ancial assistance to the Agency and state the tecros an�i c�ditio� upon which such assistanr.e wili be providezi a�d tGe undecstandings as to the manner in which the projeat will bc undertadeea and compieled. ,a � ��i���" iA Fow� nso:�oos PUBIJC TRANSP ADM�N OOC- 09/96 Pa`e4oftl 2.00 Accomplishme�at oF the Project: �.10 Genera! P�'cquireanents: 'I'he Agency shalt commence, and complete the project as described in Exhibit "A" attached hereto and'by th'ss reference made a pan hereof, with all pracdcai dispa?ch, in a sound, economical, and efficient manner, and in a�cordance with the provisions herein, and ail applicable laws. 2.20 Pursua►at to Federal, 3tate, aa�d Loca➢ Lsiws In the event that any election, referendum, approval, permit, pakce, or other proce�ing or authori7a6on is eequisite under appticable law to enable the Agency to enter into this Agreement or to undec9ake the project tiereu�er, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as pcovided by law, ald ac6ons necessary with respect to any such matters so requisite. 2.30 �uiads of the Ag�cy: ilie Agency shall initiate and prose�cute ta completion al( proceedings necessary including federal aid requiaements to enable ttae Agency to provide the neces.�ary funds foc completion of the project. 2.40 Submsssi�n of �rroceedings, Contracts and Othea° 1)o�umenks: Tfne Agency shall submit to the Departrnent such data; reports, records, contracts and other documents relating to the projece as the Department may require as listed in F.xhibit "G'° attached hereto a�d b� �his reference made a pari hereflf. ° - 3.Q0 Projeet �st: 'The total estima4ed cost of the project is $1(!Q � . This amount is � upon the es6maP� swnmariaed in Exhibit "B" attached' hereto and by this reference made a part hereof. The Agency agrees sn bear all experses fln exee�s of the total estimatec3 cost of 4he project and any deficies invoived. 4.00 IDEpartment Participatian: The UeparYment agrees 4� maximwn participation, includ:+ng contingencies, in the ' projeci en the amount oE $�Q,000 as detailed in Exhibit "�", or i� an amoun3 equai �t+o the�perceniage(s) of total project cast shown in Exhibit "B", whichever is less. ' 4.Y0 Projert � Eligibility: Project costs eligible for State participatiun will be allowed only from ti�e effec6ve date of tl�is Agreement. Ie is understood that State participa6on in eligible project costs is subject to: (a) Legisla6ve approva! of the Depaetrnent's appropria6on request in the work program yeas that the project is • sc6eduled to be committed; . (b) Availabiliry of fvnds as stated in paragraph 1T.00 of this Agreement; (c) Approval of al! plans, specifica6ons, contracts or other obligatin� documents and all other terms of this Agreesneat; • (d) Department approval of the project scope and budget (Exhibits A& B) at We 6me appropriabon autlhority becopnes available. 4.?A �ra�tE.nd �ding. Front end fucxiinn (`A� ('is t►ot) appiicablc. If applicable, the Department may initially pay lOU�i of the total aIIowabte �ncuared pcaject a�sts t� co an amount equal to its totat share of particiga6on as shown in paragraph �.4k�. S.Ofi Retuin�ge: Ratainage (}D� {is not) applicable. If applicable, N/A percent of the Dcpartmtn`t's Wfal share of participation as shawn ia paragraph 4.00 is to be held in retainage to be disbursed, at the I}c�rsnscnt's d'+scredon, an nr bcfora thc completion of the final project audit. � FORM 715�.�6�06 PUOUC TRANSP AUMIN OOC � 09/9G Pa6e7 of 11 6.00 Project Budget and Payment Pa�ovisions: 6.10 The Proj�t Budged: A project budget st�ll be prepared by the Agency and approved by the Departmenc. The Agency slral! maintain said budget, carry out the peoject a� shall incur obligations against and make disbursements of project fiet� onty en conformity with the latest approved budge! for the project. No budget increase or decrease shalf be effective unless it complies with fured participa6on requirements established in paragraph 4.00 of this Agreement and is approved by the D�partment Comptroltec. 6.20 Payntettt �vdsiaa�s: Unle.v othetwise allowed ursder paragraph 4.20, payment will begin in the year ihe projeci or project phase is scheduled in the work program as c�' Ehe date of the agreement. Payment will be made for actual costs incurced as of the date the inv�ice is submittsd with fhe final payment due upon receipt of a final invoice. 7:00 Accounting Resords: 9.1� �8ub8isl�e�en� and lYtaintealance �f Accounfin� Records: 'IC[ie Agency shall establlsh for t4se project, in co�ormity euith se,s�siremeaits estabGsl� by De�par4ment's program guidelines/�roceduses and "PrincipDes for. Sta4e and L.oc�at Gover'nmenCS", separate ar„counts to be maintair� vdid�in ifs existing accounting system or estabtish independent accounts. Such accounts are sefereesi to herein cflileceavely as the "project account". Documenta6on of the project account shall be made avaiiable to tl�e Degartraeent upoaa reqcaest ang �ae during the perial of the Agreement and foc five years after final payment is made. 7.211 �unds R�eiaed �r Made Elaailable for 'The Project: 'd'he Agency shall appro�+riately record in the project �account, aiui depasit in a trdndc or trust company whicie is a member of the Pederal Deposic Insurance Corporation, all payments r�ceivetl @y ii fconi the Detsartment pursuant to this Agceement and'all other funds provided for, accnung to, or otherwise rec,�aved oa accovnt of ihe projeci, wiuch Deysactroene payments and other fiancLc are hereip coilectively refesred to as "projece fun�". '!'he Agency shali require depositories of projece fuauls•ta secuce con6nuously and fully all projectfunds in excess af the a�ounes insured uu�er federal plans, or undec Shate plans svhici� have been approved for the deposit of project funds by dse DepartrneAt, by dse deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the secueity of public funds, or as appeoved by Yhe Department. 7.30 �fs Incun�ed for the Project: T1�e Agency shal! ctiarge to the project accaunY all eligihie costs of the project. Costs in excess of th� (atest a�praved budget or attributable to actions which have not received the reyuired approval of the Deparbment shall not be consid�red ellgible costs. ° 7.40 Doauraentatinn of Projed CasLc: All casts charged ta tl�e project, including any approved services contributed by the Agency or ottzers, steall be supported by properly execuPed payrolls, time records, invoices, contracts, oc vouchers evidenc�ng in proper detaillhe nad�c and propriety of the charges. 7.50 Che�ccks, Orders, and Vouchersz Any check or order drawn by 11�e Agency with respect to any item which is ac will be c.�argeable apinst dfe project acc�unt will be drawn only in accocdancc with a properly signed voucher then on file in the of�� of tbe Agenc.y stating in proper det�il the purpose for whieh sveh check ar order is drawrt. All checks, payrolls, invoiCes, contracts, vouchers, orders� ot othcr acca�lnting document� periaitting in whole or in part to the project s9�a11 be . clearly idenbfied, readily gccessible, and, to �he extent feasible, kept separate and apart from all other such docume�is. FORM ?25-QYDOG PUdi�C TRANSP ADMIN OOC • U9/96 A�e�d]1 7.60 Audit Repocts: The Agency shall provide to the Aeparvnent audit reports reflec6ng the use of the funds of the �Departrnent, the Agency, and those from any other source with respect to the project as required by Procedure 450-02I-001. l�udits shall be performed in accordancz with generally accepted government auditing standards contained in the "Standards far Audit of Cravernmenral Organizations, i'rograms, Activides arad Functions", issued by the U. S. General Accounting Office and OMB Circulars A-128 or A-133 where appiicable. The Agency shall requiee its auditors to include in their report a schedulc of project assistance as described in Exhibii "A", Special Co�siderations. 7.70 Insurancc: Execution of this Joine d'arcicipa4ion Agreement consticutes a cer6ficabon that the Agency has and wii9 mainhain the ability to repair or replace any project equipment or facilifies in the event of loss or ciamage due to any ar,cadent or �+sualry for ihe usefW life of such equipmenf oc facilities. In the event of the loss of' such equipment or facilities, Yt►e A,gency shalI either repiace the equipment ar facili6es or reimburse the Department to !he eztent of its interest in the lost eyuipmenk or faciliry. IA the �vent this Agreement is for purch�se of land or for the c�nstruction of infrastructure such as airport runways the Departrnene may waive or modify this section �vith an Exhibit "C". 5.00 �equisitioe�s and Paymenlss �.10 Action by the A�esecy: In ordee to obtain any I�eparm�ent funds, the Agency shall file with the Department of Ttaces�ZOr4ation, District SeY�n PuU1+c Transportation �t'ice 11201 Pd Mc i tey Drive, Tam�a . F7orida, 33612 its reqnesition on a form os forms presccibed by the Departrnent, and other da4a pertaining to the project account (as defined in paeagra�sh 7.10 h�reol� to justify snd se�pport �he payment requisitions. 5.11 Invo9ces for fees or other cflmpensation for services or expenses shall be submitted in detail sufficient foc a � proper preaudit and postaudi2 thereof. ' • � 8:fl2 Invoioe5 for arry 4rav�1 expenses shall b�e su6mitted in accordance with Chapter 112.061, F.S. The Department - �ay esiablish rases lower thaa the maximum provided in Chapter 112.061, Florida Stacutes. �.13 F'or real peoQerty acquired, submit; . (1) the date the Agency acquired the real properry, (2) a s4atement by the Agency cerdfying that the Agency has acquired said real property, and actual • eflnsideratioa paid for real property. (3) a s4a€ement by tk�e Agency certitying that the appraisal and acquisi6on of the real property cogether with.any atEer�daatrelc►cabon of or.aipants was accomplished in compliance �vith all federal laws, rutes • ats�d g:ocedures required by any fe�3eral oversigt�t agency and with all state laws, niles and procedures ihat may apply to the t�gency acquiring the real property. 8.20 The �gar4uaeec�i's Obligatioits: Subject to other provisinns hereof, the Department will honor such requisi8ons in amoiu�ts and at 6mes d��med by !he Department to be proper Uo ensure the carrying oue of the project and payment of the ciigibk c�s. However, txotWnd�ing any od�ex provesiun of this Agreement, the Department may elect by notice ila writin� not tn �alce a payment on tne project if: 8.21 ll�srepr�e.nfs�tian: The Agency shall have made misrepresentation of a maferial nature in its applica6on, oc atsy suppkment d�reto ar �t d�ec'eof, or in or with respect to any document or dara furnished therewith or pttrsuant ' hereto; g,�2 Y„it�,tiori: T�nt is t�en pending :itigabo� with re,� tn ttfe performance by the Agency of any of its duGes �or uti�iga�ians whici� may,jeopardize or xdvers��y ar%ct the pmject, tbe Agrc�:ment, or paysnents ia the praject; , � E.?3 Apprbval by Deparfinenis 'Iiie Ag�noy st�all havc taken atry actian pertaining to th� projeci whirti, under tius agiecmurt, rdquirrs ti� approvat of rftc D�puar�ent or has made refal�i expenditures ar ;ncurred retatr.cf r�iigatidr� FORM TISO)P46 PUBl1C TRANSp ADMIN OOC • 09/96 Pa`eSd11 without having been advised by the Department that same are approved; � 8.24 Conflid of Interesfs: Ther� has been any violation of the conflict of interest provisions contained herein; or 8.25 B�efault: 'Ihe Agency has been detecmined by the Depariment to be in default under any of the provisions of the Ageeemene. 8.3,6 Federml Pfu�ticipation (If Applicable): Any federal agency providing federal financial assishance to the project suspends or terminages pedera] financial assistance to the peoject. In the avent of suspension or termination of federal financial assistance, the Agency will r�imburse the Department for al! disailowed costs. 8.30 Disaldowed �stss In �etec►nining tt►e amoune of the payment, the Department will exclude al( projects costs incurred by the ?.gency prior to ths effective date of this Agreecnent, costs which are not provided for in the latest approved butiget for the project, and cASrts attributable to goais or services received under a contract or other arrangements which have not 9seen approved in waiting by the Department. �.40 F'ayment Offset: If, after projecC completion, any claim is made by the Departrnent resulting from an audit �r for work or servic.�s perfosmed pursuant to this agreement, the Departrnent may offset such amount from payments due for work.�t sere+ic�s da� under any publir, transporia6on joint paciicipa6on agreement which it has with the Agency owing such amQUne if, upon demae�d, �yment of the amaun� 9s aaot made within sixty (6Q) days to the Department. Offsetting amounts shail not be co�.sidererD a breach of contract by 4he Departeaaent. 9.00 Terminatimn or Sus�sensian af Projecg: 9.liD Teranisoate�n ar Seespea�sion Generai[y: If d� Agency abandons or, before comple6on,� finatly discontinues the � project; or i�, by reason of auy of the evenYs or condifions set forth in paragraphs 8.21 co 8.26 inclusive, or for any other reaso�, ti�� �msa�t�ceemene, p�cution, ar timely com,pletion af the project by the Agency is rendered improbaole, infeasible, asstigossihle, os illegaf, 4he Degarcmen2 wrill, by �vrittea notice to the Agency, susgend any or all of its obligations i+nder this Agceeetaeste unbl such time as the event or condition resulting in such svspension has ceased or been corcected, or ihe i3epaa�tmene may terminat� any or ail of iis obiigations under this Ageeement. .9.Y1 Action Subsequent to Notice of Terminatioee or Suspension. Upon receipt of any final termination or s�espe�ion Yrotice tu�der this puagcaph, the Agency sha11 proceed proroptly to catry oat the actions required therein which may iraciude any or ali of tire foUowing: (1) necessary action 4o terminat� or suspend, as the case may be, project acdvities and c�ntracts and such otl�er ac6on as may be required or desirable to keep to the minimum t{�e costs upon the basis of which the financir,g is W be computed; (2) tfurr�isil a statement of the project acdai6es ared contrac4s, and other undertalde�gs the cost of whicb a� �ttserwise includab2e as project co�s; arnd (3) remic 40 4he Depart�nent suc6 portion of the financing and any advance �ayment prevdously receiverl as is determined by the Depactment to be due undee the provisions of the Agreement. The terminadoa ar suspens9oe� shall be carrded out in conformiry with the latest schedule, plan, and budget as approved b� the "Departmsnt or upon the basis nf terms ancl coc�ditians imposed by the Department upon the failure oi the Agency tn furnish 4!» sch�dule, plaa, artd budget 6vithin a reasonahle 6me. The approval of a remittance by the Agency or the closing out of fed�rai fir�ial pastici�tion in the project shal! �t constitut� a evaiver of any claim which the Department may oiherwise have ariseng out of this Agreement. 9.12'Iiie Deparhnem ¢�vrs d�e ri�Y W unilaterally cancel this Agreement for refusal by Ihe coniractor or Agency w allow public access to all documents, papers, letters, ar other material subject to the provisions of Ci�apter 119, Florida Statutes and made or received in canjuncdon with this Agreemeni. 10.6(f Remission of Project Account Upon Camptetion of Project: Upon campledon bf the project, and afiec .�payment, provision for payment, or reimbursement of ail project ccysts payable frorn the praject accaunt is made� ihe Agency shail remut to trie Departmeni i�s share of any unexpended balanc� in the project aecount. ':FORM TL40JPO6 PUBIJC TRANSP ADMIN ooc-ovroa Pa�a 6 of 1I � 11.El� Audit and Iru�oc�: The Agency shall permit, and shall require i�s contracfors to permit, the l�epartment's authorized representatives to inspect all work, materiais, payrolls, records; and to aadie the books, records and accounts pertai�aing to t}�e firsancing and development of the project. 12.00 Contrac�s of the Agency: 12.10 'Y'hird IPartg+ A�r'�aisa �xcept as otherwise authorized in wri6ng by the Deparhnent, the Agency shall not execute any conYract oc obligate itseif in any manner requiring the disbursement of Department joint participadon funds, including consultant, construcfion or purchase of commodities contracts or amendments thereto, with any third party with re.�pect t� the project wit}tiuut the writtan approval af the Departrnent. Pailure to obtain such approval shal! be suf6cient cause for ca0npaymea�t by *hhe I�epartrnent as provided in paragraph 8.23. The Depart�nent specifically reserves unto itself the right W review the quatifications of any consullant or contractor and to approve or disappcove the employment of the same. 12,21► Co�pliance weth Consultants' Competitive NegoBiation Act: It is undersKOOd and agreed by the parties hereto 4tiat particepatioa� by the Degartrnent in a project weth an Agency, where said projece involves a cor+suftant contract for eng�ering, aechitecture or ssarveying �rvices, is contingent on the Agency complying in fvll with provisions of Chapter 287, F7orida Statutes, Consultant� Competitive Alegotiatlon Act. At the discre6on of the Department, ilae Agency wil! involve 4he . Depastenent in the Coctisultant Selec6on I'rocess foc all contracfs. In all cases, the Agency's Attorney shall cer6fy to the Deparnnent ihae selection ha� been accomplished in compGance with the Consultant's Competitive Negotiation Act. 12,30 ID'osfedvanta�ed B�eroe� Enterprise (DB� Policy and Obligation: 12.31 I3BE Poi9cy; It is the policy of the Department thai disadvantaged business enterprisas as defined in 49 CFR ��'art 23, as aenecpded, shali bave the ma�cimum opportunity to participate in the performance of contraets financed in whole or ia part with I3epartment iunds under this Agreement. 'I'Se DBE requiremenis of 49 CFR Part 23, as amen�ed, apply w this Wgreernene. • • . fl2.32 I)BE �bligat�on: 'Th� Agency and its cnntractors agree to earsure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have d�e maximum opportunity to participate in ihe performance of contracts and tlus Agreement IIn this regard, all aecipients, and contractors shall take all e�ecessary and reasonable steps in accordance with 49 C�t paa't 23, as amentied, to ecesure that the Bisadvantaged �osin�s Er�tetpceses have the maximum opportunity to compete iar ar�d pecform �ntracps. C,rantees, recipients and their contractoss s6all not discriminate on the basis of race, color, national oaigisa or sex iu the awaed and performance of Departmenc assisted cantraets. 33.R0 APestrictioa�s, JP�ohibitions, �antrols, and I.nbor Provisions; 1�.�.A �cjua! Em�loyment Opportua�ity: In cocsnecqon v�ith ttte carrying out of any project, the Agencyshall not ddscrimana4� agai��st any em�toyee or applicant fnr employment because of race, age, creeci, calor, sex ar national origin. The psen�y will hakc affim�a6ve ac6on to enAU� tt�at appGcants are employed� and that employees are treated during employmeni, w%thou� ce,�ard to th�ir race, age, cceeci, color, sez, or national origin. 5uch action shall includs, but rat be limited Uo, die ToUowing: Fmploymec�t upgracling, demo6on, os transfer; recruitment oc recruitment advertising; layoff or termination; rat�s of pay or other forms of com�nsation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modifed only to show tha pardcular contractual retatiaruhip in all its contracts in connection with the ' development or apecation of the project, except ct�ntracts far tho standard commercial supplies or raw materials, and shal! require all sdch contractors to insert a similar provision in all sub�aMracts, excepi subcontracts for standard commercial supplies or raw matenats. 1'Vhen ttie project involves instalta$on, camtruction, clemoliaon, remnval, site improvement, ar �similar vvork, the Agency shall pnst, in co�upicuious places available to employees and applican(s for employment for project ,,�`wor�, no4ces to be provided by the I3epartment setting %rth the provisions of the nondiscriminaeon cla�se. FORM )75�W(IO6 PUBIJC 7RANSP ADMIN OOC • 09/46 Pge7o(11 I . 13.20 TiUe VI - C'ivil Ytights Ad of 1964: Execution of this Joint Participation Agreemeni cunstitutes a certification that ihe Agency will comply with all the requirements imposed by Title VI of the Cive1 Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Departrnent of Trar�sgortabon issued iliereunder, and the assurance by the Agency pursuant thereYO. 13.30 Tetle VIII -�ivi! RighLs Acd oE' 195�: Execu6on of this doint Parrticipation Agreement constitutes a certification ti�at ti�e Agenc} wip compty with all the requirements imposeci by Title VIYI of the Civil Rights Act of 1968, 42 USC 3601,et �q., ww�ihic}� among other things, prohibits discrimi�tion in housing on the basis of race, color, national origin, religion, sex, clisabiliry and familial status. i3.40 AarFeraeaass w6�h Disabilifees Act of 199(! (ADA): Fxecution of this Joint Pacticipa6on Agreement constitutes a certi�ication that the Agececy wrdll comply writh ail the requirements imposed by the AD�►, the regula6ons of the federal governmene issued therenndee, and fhe assurance by ehe Agency pursuant theeeto. 13.50 �ubit�B Faat�°ests: Neid�er the Ageixy nor any of its contractoes or their subcontractors shall enter into any condracY, subcontirace, or aexan�aneaa8 in c�nnection with the project oc any propercy included or planned to be inctuded in the projcct, an avhich any memb�r, officee, or employee of the Agency during his tenure oc far two years thereafter has any irEtese.st, direct or �ndirec� If any such presen4 oc focmer membee, o�!'icer, or employee involuntarily acquires or had acquired pr�or. to !he beganc�ing of tus tenure any such inteeest, and i� such enterest is immediately d'esclosed w the Agency, the Agency ' vvedB �trior appmval of d�e Uegartrnent, tt�ay waive dae prohibi6on contained in this subsec6on: Provided, that any such p�esent me�slser, of€"acer ar employee shall na4 participate in any ac6on by the Agency relating to such contract, subcontract, or ana�e�ege, '%k�e Rgency si�alt insert in all confracts enfere� into in connection with the project or any property included or ptanned eo i�e includ�d in a�ay project, and shadl require it� contractors to insert in each of their subwnrcacts, the folloaring � prc►visio�: . °No memi�r, oii'icer, �r emg�layee of Si�e /�geney during. his tenure or for two years thereafter sha(1 have any interest, d'arect or indirect, in this contract oe the procee�s thereof." 1'he provisions of this subseciian shall aot be applicable to any agreement between the Agency and its fiscal depositories, or fn any agreement for utiiety services the rates for tahich are fixed or controlled by a Governmental agency. 13.� Int�rest of A'demhess o€, ar Delegates to, Con�r�: . Y<10 member or delegate to the Congress of the United States shall be admitted to any share or part of dbe Agreement or any benefit arisirrg 4herefrom. 1d.00 iVI'iscellaneous Pro�iseons: ��.2£! Em�iromatental F�glutioro: Execu6on of this doint Participa6on Agreement constitutes a certification by flre Ag�scy ii�at d�e �roject wit! be carr4� oue in con%rntiance wi�h all applicable environmental regulations inclucfing the securing of sny mpplic,able perinits. �"he Agency will b� solely responsible for any liability in the event of non-compliance with appleqbie emriconmsni�l re�u�lat�ons, inc(ucling the securing �f any applicabde permits, and vrill reimburse the Departrnent for any loss uicurred in connec6on therewi�h. 14.20 DeparSment 11iot Obliguted fo 1'iw•d Parties: The Department shali not be obligated or liabte hereunder to any party other ihan the Agency. � r•oRM rzso.w-a PUDIJC TRANSP AUMIN OOC - 09l96 Pate 6 0( 11 14.30 When I2ighEs �nd Remedies No! tJVaived: In no event shall the making by the Department of any nayment � to the Agency cons6tute oe be construed as a waiver by the Department of any breach of covenant or any default which rreay then exist, on d�e part of tise Age�cy, and tlte making of a►ch payment by the Department while any such breach or default �hall �xist sha11 in r►o way im�aair or prejudict any right or reme�iy available w the Bepartment with respece to such breach or default. 14.40 How Agreemeitt Is Affected by Provisior�s Being [feld Invalid: If any provision of this Agceement is held invatid, the remainder o�' rhis Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 1�.50 Bonw or Comrnession: By execution of the Agreement the Agency represents that it has not paid and, also, agrees �oY to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing heeeunder. �q.�p �� �. Te�epo�e�i p,�w; Nothing in tl� Agreement s6a11 require the Agency to observe or enforce compliance with any provis+on thereo% perforcn any other act or do arry od�er ttung in contravenfion of any applicable State law: Provided, that if any oE the provisions oi the Agreement violate any applicable State law, the Agency will at once notify the Departrnent i� writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that Yhe Agemcy tnay proceed as soon as possible with the projec� fl4.i0 iJse a.a'd F�BainEenaiace of Projec8. �aciG4ies and 3Equipmerat: T'he Agency agrees that the project faciliiies and equipment wiil be used by the Agency to provide or support public transporca6on for the period of the useful life of such ¢hci9ities and equipm�nt as detecm�d in acoordanoe with ge�seral accoun6ng principles and approved by the Departrnent. The pge�, fiu�r agrees to mmainS�in 4he project facilities and eguipment in goal worFang order for the usefiil life of said facilities ar equipment. 14.'71 Pt�operty R�'ds: T% ASencp agt�s to maintain ProQerty records, conduct physical,inventories and develop � controt 5ystems as xequire�l by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipmentz If the Agency disposes of any project facility or equipment during its usefut life for any purpose except its replacement with like faciliry or equipment fbr public transportation use, Yhe Agency will corr►ply with the terms of 49 CFR Pare 18 relating Eo property mariagement standards. The Agency agrees to remit to the Deparimeni a proportional amount of the proceeds from the disposal of the facility or equipment. Said proporUonal amouni shal! be de0ermflne� on the flnsis uf th� ca6io of the Department financing of the facility or equipment as provided in this Agreemeact. ' 1�,90 C�trastua! Yndenu�ity: To the extent grovidacl by law, tha Agency shall indemnify, defend, and hold harmiess ti�e 1)epartment and ai! of lts offic�cs, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any aet, error, omissio�, or negli�ent act by the P.gency, its agents, or emplayees. during the performance of the Agr�c, except Phat e�itbes the Agency, its agents, or its employees will be liable undcr this paragraph for any claim, iass, damage, cast, charge, or expense adsing out of any act, errar, omission, or negligent act by the Department or any of its officers� agents, or employees daring the performance of the Agreement. When the T7epartment rereives a notice �f claim foe damages that may have been caused by the Ageoay in the p-erform3nce of s�rvices requir�d wuler this Agreement, the I)epartment will immediately forward the claim to the Agency,. The Agency and tl� Depactmenf wiii evah�ate the claim and report their findings to each other within foucteen (14) working • day, a�s( �yj(! jointiy dis�s t�qons in defending the clairn. Aftec reviewing the elaim, the Department will deternune whethec to require the participation of thc Agency in the defense af tha ctaim or to cc.quire that the Agency defencl the Department in sucb ciaim as described in this section. The Departmeat's fai�ure to pcompdy notify the Agency of a ctaim shall not act as a waivar afany right herein W tequire the participatibn in or defense of the claim by the Agency. ;� T}�e 1?epartment and the Agency will e�ch pay its otvn e�cpenses for the evatuation, settlement negotiatibns, and trial, if any. However, if only one party parti`cipates in t� deferLCe of the claim at tri�) � that party is responsible fat all expenrtes at tna1. FoaM rsa+o� PUBUC TRANSP ADM14 OOC • O�/96 Pyte 0 af i 1 ¢ _J 15.Q0 I�'8aass and Specificuti�s: In'the event that this Agreemerit involves the purchasing of capital equipment or the ' construcking and equipping of facitities, the Agency shall submit to the Departmene for approval all appropriate plans and �fi��Q� �yesing t� Projzxt, '!i� I)epartrnent will review a31 ptans ared specifications and will issue to the Agency written appmval with an)r approved po�tia�u vf the pcoject aznd comments or recommenciations concerning any remainder of the project deeened appropriate. After resoHution of these comments and cecoanmendadons to the Department's satisfaction, the ��t �� pA � R,�ne�, suritipen approva] with 5aid remainder of the project. Failwre to obtain this written approval sha61 i� saaf4'icieeci eause %r �npaymene by the I7epartment as provided in paragcaph 8.23. �sr�� g,�.��� �py�m�, �g�¢y Cer3ificataont The Agency wiil certify in writing on or attached to the final invoic�, �haf tt�e project was comp!eted in accordance with applicable plar�s and sQecifications, is in place on the Agency faciliry, that adequate 6tle is in thc Ageucy and chat the project is accepted by the Agency as suitable for the intended purpose. 17,00 Appropriation of �unds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. ' g7,?p iV[ul�:-y�s �tiunStmeset: tn the event this Agreement is in excess of $25,00� and has a term for a periad of �re t�a� Qne year, ghe provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, �� �y ��.year, shall nue eapend money, incur any liability, or enter into any contract which, by its terms involves the exgencieture of money in excess af the amounts budgeted as available for exgenditure during such fiscal year. Any contrace, eesbai or v✓ritten, made in violation of this subsection is null and void, and no money may be paid on such comiact. The Y?��c�nent shall c�ec�ur� a s1a.�cue� from d�e �°mF�'°ller of the Department thae funds are avaitable prior to entering into any sueh c�nuact or o�t►er biYadin� r.osnmiriment of fwrls. Nottiuig herein contaia�ed shall prevent the malang off contracts for perioc+s m ��exceesiing l y�s, but any contrace so �sade shaU be execvtory only %r the value of the services to be rendered or agreed tfl be paid for in succeeding fisca} years; a,�d this paragcaph sha21 he incurporated verbatim in all contracts of the Departrnent wfiieii 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 comp(ete the project on or before A�r �2care(� . If the Agency does not compiete 4he projec4 within this time period, this Agreement well expire untess an exte�ian af the 6me period is requested by the Agency and granted in writing by the District Secretary, Disixact �Seven _. Facpira6on of this Agreement wiil b� considered termination of theproject and die proceciure established in paragraph 9.0(1 of ttus Agreement shail be initiated. i8.101�"u�ai Invoic�: The Agency roust submit ihe ficral invoice on this project to the Departrnent within 120 days aftsr 4he expirataoa of tlus Agceesnent. Invoices submitted after the 120 day time period will not be paid. 19.00 �igreeanent l�os neat: Ail words used herein in the singular form shatl extend to and include ihe piural. All �vords usad in d�e plural form shall extend to and include the singular. All words used in any gender shall extend to and include ail genders. ?�1.00 Ex6cutIon af Agreemes�t:'Ihis Ageement may be slmulianeously executed in a minimum of two counLerparts, each of wiuch su eRecuted shal! be deemed to be an ariginal, and svch counterparts toge�her shal! constitute one ii� the samp irstrwnent. 21.04 Restriictions on iabbyinge � FORM T1S�OJ0�06 PUBUC TRANSP ADMIN OOC • Oi19G Pa6e9d11 � 15.00 P�ns and SpetaGcatior►s: In the event that this Agreement involves the purchasing of capital equipment or the construc6n� ared equipping of facilides, the Agency shall subanit to the Department for approval ail appropriate plans and sPecifiratinns a�ve,n.ng dae pro,ject 'Iise Dep3rbn►ant will neview all plans and specifications aeacl wit! issue to the Agency written agpmval with any approved portions of d�e project anct comments or recommendations concerning any remainder of the project deemec! appropriate. /ifter �;solution of these comments and recommendations to the Department's satisfacaon, the De��art�ent �vill i,�ue go the Agency written appaoval with said remainder of the project. Failure to obtain this written approval shall be suffi�ci�nt cause foe �aonpaymeeet by the Departrnent as pravided in garageaph �.23. fl6.09 fl'roj�k Co�npletion, Ebgency Certification: The Agency wi11 certify en wridng on or attached to the final invoice, that the projecf w� comp�eted in accArdance wifh appGcable ptans ared specific�#ians, is in pDace on the Agency faciliry, �f -� °��_ thaY �dequate title is in the Ageacy and that 9he project is acceptec� by the Agency �;':a4ai�able for the intended purpose. 1i.00 Appropreatima of Funds: 17.10 The State of Florida's pe�formance and obligation to pay under this Agreement is contingent upon an annual appropziation by the I;egisiature, � ' 17,2!! 11qWta_y�r Com�titrr�ef; In 4he evene this Agreement is in excess of $25,OOD and l�as a term for a period of more than one year, the provisions of Gaapter 333.135(�(a), Florida Statutes, aee hereby incorporated: "(a) The Department, dusing aaay fiscal.year, shall �e ezpend money, incur any liability, oc enter into any contract which, by its terms involves the expendibare of money ia excess af the amounts budgeted as available for expenditure during suah fiscal year. Any contract, verbal os written, �nade in veolation of this subsection is null and void, and no money may be paid on such co.cctiact. The I�kpartcne�t sl�all require a staie�at from tbe camptrollec of the Degiartment that. funds are available prior W entering into any snch mn�ract or o�er �'sc�din� co�unitmenc of funcls. Nottung here�n conrai�d shall prevent the ma{ang�of contracts for periods ;;: '. exceesiing 1 year, but any coatract so made shall be executory only for the value of the services to be rendered or agreed to ` be paid f�c in succe�ciing fiseal years; and th'ss paragraph shall be incorporated verba6m in all contracts of the Department tvhich are for an amoune ia� excess of 25,flOJ dollars and which have a term for a period of more than 1 year." 18.00 �xpics�tion af Agraeanent: Ths Agency agrees to complete the project on or before �,j��+ 30 � . If the Agency does not complete the project within this time period, this Agreement vi;l,(� expire untess s� extensioa of the t9me period is requested by the Agency and granted in wridng by the Distr;ct Secrehary, District �even . Expiration of this Agreement will be considered termination of. the.project and the prc�cedure �t�blished ia paa�a�ph 9.00 of tivs Agre�ment shall h� initiated. gg,1p F'ua�! �nvoic�e: Ttze Rgency must submit ti►e fina� invoice on this project to the Department wittun 120 days after ti►e exgira6on af this Agreement. I�voices submitted after the 120 day 6me period will not be paid. I9.0� Agre�;rnent For�ac,at: AD! words used hesein in t]�e singular form shall extend to and include tf�e �lural. Ail wryrcl� u�d in ti�e plural fonv sf�a11 ext�� to artd include tt� singutaa'. All words used in any gender shall extend to and include all $enders. 211.64 �xecufiai �t' A�t: 'Ihis Agreernent may be simultaneously executed in a minimum of two counteeparts, each of ��vhich sa execut,ed shall bc deemed to be an original, and such countcrparts together sh�11 constitute one in th� s�m¢ insl,ruraeat. 2�.00 Restrittians an Lobbying: � tnRn� r_smaa PUBtJC TMNSP ADMIN OOC • Wl9b P+Ra 10 of I l 21.10 Federal: '[lie Agency agrees ihat no federal appropriated funds have been paid or will be paid by or on behalf � of the Agency, to any persan for influencing or attempdng to influence any officer or employee of any federal agency, a Ivlember of Congress, an officer or employee of Congress, or an employrz of a Member of Congress in connection with the awarding of any 4'edeea! contract, the making of any federal grant, the making of any federal loan, the entcring into of any cflopera6ee agreement, and the extensinn, continuation, renewal, amendment or medification of any federal contract, grant, Ic�an or cooperative agreement. If any iunds other than fedecal agprap�iated feestds have been paid by the Agency to any person for int7uencing or attempting to influenc:e an oftieec or employ� of any federal agency, a Meanber of Congress, an o�eer or emp(oyee of Congress, or an esc�.plo}ree ofa Member of Congre� in connecdan with ihis Joinf Pariicipation Agreement, the undersigned slsall complete and submit Standard Form-Li.I., "Disclosure Form to Yteport Labbying," in accoedance with its instrucGons. 'i�ie Agency si�all require d�at the langiaage of this section be included in the award documents for all subawards at all 6e�s ('u�acludieeg svbcon�sacts, subgranis, and coe�tracts under grans, loans and caoperative agreemen4s) and shat all subrecipients shal! cer6fy and disclose accordingiy. 21.2Q State: YJo fiuEds received pursuant to this contract may be exgeca�ed for lobbying the Legislature or a staie agency. �. - 22.fE0 Vesaaors fltigtets: Vendors (in t}►is document iden�fied as Agency) providing goods and services to the l�partcraent should beaware of the following dme 4'rames. Upon receipt, the Dapartment has five (5) working days to �nspect and appe'ove the goods and services au►less the bid specifications, purchase order or contract specifies otherwise. The 1�partirtent has 20 days to delever a eequest for payment (voucher) eo th� Deparement of Banldng and Fnance: The 20 days aze caa�ared �m �fte latter of the date the invoice is xeceived or the ga�ds or services are received, inspecEed and approved. _ . ��Y� a payme�t is nat available wi�hia 40 days after receipt of the invoice and receipt, inspecrion a�td approval of goods and �rvic�s, a:�patate inte�est pecialty in accordance with Sec6on 2L5.422(3)(b) wii! be due and payable, in addition to the invoice aa�ount to fhe Ag�ncy. 'lite interest penalty provision applees aftee a 35 day 6n�e period t� health care providers, as defined by eule. Incerest penalfies o€ less d�an one (I) dollar wilt not be enforced unless the Agency requests payment. Invoices which have w be returnecl Uo an Rgency because of vendor prepara6on errors will result in a delay in the payment. 'The invoice payment requirements do not start until a properly •completed invoice is grovided to the Departrnent. A Vondor Ombudsman has been established weilun the Department of Banfldng and Finance. The duties of this individual include acting as an advocate for Agencies who may be ex�riencwg problems in obtaining timely payment(s) from ths DeparhmenG 'The Vendor �mbudsman rn�y be oon4acted at (9D4}488 29?A or by calling the State Comptroller's HoQine, 1-800- 848-3792. Z3.00 Pvksl3c Entity Csime: Pursuant to 2E7.133(3)(a) F.S. the following is applicable w ttus agrr,ement. 287.133{2j(a) "A person or affiliate w�m Has bcen placed on tha convicte�l vendor list following a conviction for a public entir,� ceune may not submit a bid an a oontract to pravic�e any gnods or services to a public entity, may not submit a bid on a contract with a public enrity for tt�e construc6on or repair of a public building or public �vark, may not submit bids on leases of real property �c► a publie entiry, may rat bc awarded or perform work as a contraetor, supplier, subeontraetor, or co�ulfant under a cnatract with atry public entity, and may not trar�cact business with aay public enaty in excess of the threshold ambunt pcovided in s. 287.O17 fa CA7'F.GORY 1W0 fuc a period of 36 montf�t from the date of being ptaced ttn the conviCted venddc' list," � � FoRr., nsa�oa PUBUC TRANSP ADMIN 60C - 09l96 Pa;elloftl WJPI A10. 7R2665� 30� NO. ��Q07-��7G Contract No. AE-2b3 Agreement Date IN WITAIE ,S WffiEREOF, the pag6es heceeo a�ave caused Ehese presen�s be executed, the day and year fiest above written. � ACsEAICY: City of �leaa�tes�, �'A. Boz 4748, Clearwater, 1FL 3461�-�748 R�itllvd�: � ��: Elizabeth rf. Dep'tula p� Citg Manager 'TI'I'j,E: ity nf Glear�pater Countersigned: RiCa Garvey, Mayox-Comaiissioner ATTESTs CynChia 8. Goudeau, City Clerk Apprav�d ag fa=m and �.eg�l. suf£iCiencyt 0 FI�OT 3ee attached Encumbrance Focm €or date of Funding Approval by Comptro(!er � �,� �%3/�7 ___i�i��e�� a-�—�- LE�Ab APPROVAL DEPARTMENf OF i'�ANSPORa'A'I'ION Jbhti1 C����:sa�y 1l��ig���nC Citq Attn�ttey �;.� DEPARTMEN'd' OF TRE,NSd'ORTATIC1Af T1TLE DIRECTQR OF PLANNING AND PD:OGRAlL1� . �. *.? , � �. , � � , WPI Nt7. 7826658 d0� NO. 150�7-3876 C(3NTRALT NO. AE-263 E7�iIBIT "�" �'����CT DESCYBIP"d'IC�N �1�dIB It��1VSIIiI�.,AT'IES T#u� �x�eibit %�°ms an integral part of tha� ceriain Joirat Particiysa�ior� Agreerr�ent i�etween the Stat� �f �i�ridas iYepartment of Z'rrartsportation and City of Cle�arwat�r, P.O. Box 4748, Cle�vvat�r, F�, 346i8-4748. c�ated �ROJ�C."d' LOCA. i`ION: �iear4vater Ex�cutive P�'srpark Clearwater, �larida PROJF��' DES�RIP'I'dON: Update the Airport Master Plan 0 SP�It1L C(JNSIDERAT'tONS 81' �GENCI': ' Tki� aucYit a�rt�s} r�uirad �n paragpraph 7.f� of the Agreement shall include a schedule of pxoject �.ssistarice that willl refleet ihe Department's contract number, WPI numher and Job number and th� Federal %dery�ificc�tion number, where applicabte, and the amount of state funding ackion •(rxeipt an�t tiisb�rsement of funds) and any Poderal or local funding action and the funding acdon from any otli�r sourc� vvith respect to the project. SPLCTAL CONSIDER/R;" aONS BY DEPARTMENT: . 0 ��� - � r A� , � � Wk'II�10. �826658 JOB NO. 150Q7-s87b_ CONTRACT ATO._AE-2b3 EI�II�IT n�'� 1'ItOJECT BiJDGET This exhibit farra�s an integral part of that certain Joint Participation Agreement between the Stalte of Flcorida, l3ep�ttm�nt of 'I'ransgortation and City of Cleazwater, P.O. Box 4748, C1�aYer, FL 34618-4748 dated �. PI�OJEC'd` �OS'�': $ 100,000' .� II. 'FOT�. P1tQJEC'f COST: $ 100,000 �'AR'&'ICIPA'ITOI�T; �1[axi�um �ederal Participation �°I'A, �kA i 0 °1 � or $ � Aag�r�cy Particigs�tion ' %) $ In�-Kind ( 50 %) $ 50,000 Other � � ) � IMaximum Depaztanent Participation, �rimary (ps)Ny�R)iD�CPOR'� ( 50 %) or � 50,000 Fecleral Reimbursable NU�CFRA)(DF'T�.)( %) or $ T.o�cal iteimbursable (DL) ( ) °lo) or $ TOTAL PROJECr CQST $ 1��� � �� � � a � '■ t� , u WPI NO. 7826658 JOB NO. 15007-3�76 CONTRACT' NO. AE-263 (Exhibit updated 9/9S) EXi�II3I'p' "C" - AVIATION (GENERAL) This �xhibit fom�s ari integral part of that Joint Fartieipa+tion Agreement between the State of Fiorida, �9epaetrnent of 1'cansportation and f�te Ci�y of Clearwater, P.O. Box 474�. Cleanuater, �.��451$-�748 dated Onts� items indicated rvith an "�' are applicabie. � STi�3MITTAT.fCERi'T��A'�ON BASIS OF_ACCEPTARi(`E X Cac�suldant Selecti9n Co►xrpliance Pub9ic�Ager�cy A�tomey's Ceetification �sasi�ilaty'Study (if necessary) Pubiic Agency �'Pc/EIS (if nec�.ssary) i'ublic �gency � Desigr► Submitt�l " ' 90% Department review letter and written approval 100%0 , Department review letter and written approval Construction/Procure�nent N�E Compiiance _3�ety Ct�rr�pliance X_El�/Mastee Plan Submittals {lEsach Secti¢n) . Preiiminary Pinaf 3C. AuditReports Cert'sfic�tion ofComptetiori Public Agency Cenification Public Agency Certification 1'ublic Agency �ertification Department Review and Written Acceptanc� Annually by Agency's Auditor Agency I.efter � � Appeaisals t�pplicable State Laws Acquisition of Rea! Property Ager�cy A4tomey Certification and Compliance to Florida Statut� Chapter 332 Requests Por Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement. P • 1' ` � C� �� The Agency must submit an invoice to the Department within ninely (90) days from the ending date of the eligeble billing �eriod covered by the invoice. Should the Agency not submit a correcily prepared and documented invoice within th� propec time frarne, the I3epartment may deny payment of tl�e F3epaziment's share of the i�voi�e. 2. It�QUIRED SU]�NIlTT.r�L, FORM 'The Agency shall submit invoices on forms provided by ti�e I)epartment and prepared in accordaaece e�rith enstraactions givsn by the Department Back-up docamentation wili includs the appropriate items necessary to verify costs incue-red and the eligibility of said cost�. Indoice i3ocumentation: (Also see Paragraphs 7.40, 2l.00 and 22.00). � Ir►voices to the Department must be arranged in the following cnanner. • . 1) Department's invoice Summaay Sheet 2) 5pread shest listing JPA budge� items along the 4op margin, and individuai purchases along the left margin, with the amounts in the propee columns. 3) For each purchase, a c�opy of the purchase order, vendor invoice, and proof of paymen� 'Fhese items must be fastened together in "packages" and arranged in the same ord�r as the purchases listed on the spread sheet 4) 3ummary sheet showing current approved budget, amounts previously invaiced, amounts being invaiced, and remaining balances. Line items cannot be exceeded without first obtaining a budgef revision from the Department S) Tnvoices must be suhmitted within 60 days o�quarter end during which the expenses were incurred. Exceptions must be documented fo�mally with justifications from the Agency Head to the Department Project Manager. 3.' APPIZOVAL OF 5UBMITTAi 4"roods or servic� reccived under this agreement shall he approved/dis�pproved by the Department no later thar� five (5) workin� days after receipt, by th�e District Public Transportatio�ti O�ce, of a properiy prepared and suhmitted invoice: Should the invoice be incompletc or incorrect, the Department shatl ir�form the Agency within f ve (5) worki�tg days of receiptand retum the invaice far carcections. , � � WPI NO. 7826658 � JOB NO. 15007-3876 CONTRACT Y�IO. AE-263 t�F7T3Y1DTf+ Hi�jN a�.ieaaaa�a a a SpECIAi, �eI��R'i' A�SS�7IRANC� 'Fhis exhibik forms an integral part af tfiat certain Joint Participation Agreecrteat between the State a�f F7orida, BegartmenE of Transportation and City of Clearwater, P.O. Box 4748, Clee�rwater, Fd. 34618-4748 dat�ecf I. GEN��`aAL a. 1'baese assuranc�.s shal� be c�mplied with an the ge�ffoxmance of master planning, tand acquasition, economic developsnent os capital improvement projects which contaira 3y42 $ederal funds. , - � b. ZJpon aaceptance of Yhis Joint Partieipatian Agreement by the sponsor, 3hese � assuranc�:, are incorporated in arid become a part thereof. � � � II. D�TRA'I'�Ofi1 ' The t�rms, condi6ons �nd ass�u�rtces mf the grant agreement shall remain in full force and effect thmughout f�►e useful life of the facglities devel��ci �T equipment acquired for acey airport d�velopmen� Pmj�c4, but in any event noi t� exceed twenty (20) years from the date o£ aeesptance of a grant a�rnent utitigir�g �t� £u�ds for the project. HoweveY, there shall be no limit �n tha durat�cae� of th� assurances with Fespect 4o real property acquired with project funds. ffi. SPONSOR �ERTIFI�ATIOAt The sgonsa�r hereby assures and r.�rtifies, with respect to this grant: a. • It has �ufficienC funds available for that portion of the project costs not paid for by th� State. It has sufficient funds �vail�ble to assure operation and maintenance of items i4 vrill 4�srn or control funded ur►der the grant agreement. sc�scr is� ___ b, It holds good tifle, satisfactory to �t►e I?ePartment, to the landing area of the airport or sile thereof, or will give assurance sa�iisfzctory eo the Department, that good tide will be acquired. c. If an arrangement is made for rnanagement and ogeration of the airport by anY agency or persun other than the spcsnsor or an employee of the sponsor, the sponsor will reserve sufficient rigtets and au4eiority to ensure that the air�port will be operated and maintainecl in accorclance with the Federal A1rP°rt and Airway Improvement Act of 1982, or w successive legisiation; the regulations and tiae terrns, condi4ions and assurances in the gra�►t agre�mant; and sl�all ens�ere that such atrange�ent also requires compliance therewith. rotiect the aerial approaches to the air�aort by removing, d. It v�ill adecg�aately clea� and p or ���� �l�g��ng existing airport hazards towering, s�locating, mazlang, or ligh4ing, . and by preventi�� the establishment or eseadon af future ai�rport hazards. e. It will ma4c� its a�r�rt a`rulable as an ��P°rt for public use on fair and reasonable terms. , �, gt wi11 permit no exclusive rights for the use of the airgort by anY Persons praviding, or infendin� to provide� aeronauticai services to the public. . � All revenues generat�i bY the a�'P°� ��e �xgended by it for the capitai or operatiaeg �' gi�e yo�a1 aiPpoat �ystem, or other local facilities owned or operated by oosis of the a�ap�rt, the owner or op�tos of the airport and duecdY rzlated to the actual aerial transportation � of passenge�s �r pzoperty. h, O�c� accomglished, ut will keep up-to-date a minimum of an Airport Iayout Plan of the aaxgart shaeving (1) boundaries of the airport and all proposed additions thereto, together witlt the boundacie� of all offsite areas owned or es�ntrolled by the sponsor for airport �u�o� �d pro�s�sf additions thereto; (2) the les�ataon and nature of all existing and r4 �'xcitides and structums (such as runways, taxiways, aprons, terminal p1°1°O� � ,ro s�ci extensions and reductions of existing buildings, D��ng�rs an�d mads�, including all p Fo ��� ��C�ti�, and (3� ti�e locadoa of all existing improvements thereon. .. � � �ns�