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HomeMy WebLinkAbout2004-266 STATE of FLORIDA DEPARTMENT OF TRANSPORTAT" got{ - PUE= TRANSPORTATION PUBMTRANSPORTATION JOINT PARTICIPATION AGREEMENT 0=3 Page 1 of 12 Financial Project No. : Fund: DDR FLAIR Approp. : 088774 40719018401FLAtR Ob 750010 (item-segmerd-phase-sequence) Function: 680 )• - Org. Code: 55042010429 Contract No. : Federal No.: NlA Vendor No. : VF596000674007 Catalog of Federal Domestic Assistance Number. N/A Catalog of State Financial Assistance Number. 55010 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the State of Florida , hereinafter referred to as the Department, and Indian River County Board of County Commissioners 1840 - 25th Street Vero Beach , FL 32960 hereinafter referred to as Agency. WITNESSETH : NMEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described , and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein , the parties agree as follows: 1 .00 Purpose of Agreement: The purpose of this Agreement is to provide fundiing as Ace to Indian River County to offset the operating costs of providing transit services in the County and as further described in Exhibit(s) A. B, & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to prow a epa mental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed . 723 w os PUBLIC TRANSPORTATION 0aw Page 2 of 12 2.00 Accomplishment of the Project 2.14 General Requirements: The Agency small commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with aft practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election , referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate , as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2A0 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost; The total estimated cost of the project is $ "See Exhibit B" . This amount Is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved . 4.00 Department Participation: The Department agrees to maximum participation , including contingencies, in the project in the amount of $ "See Exhibit B" as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to . (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications , contrails or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available . 4.20 Front End Funding : Front end funding 0 is is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is Q) is not applicable. If applicable , percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed , at the Department's discretion, on or before the completion of the final project audit. E 725-030.08 PUBLIC TRANSPORTATION O6M Page 3 of 12 6 .00 Project Budget and Payment Provisions . 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4. 00 of this Agreement and is approved by the Department Comptroller, 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4 .20 , payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs Incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice . 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final 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 member of the Federal Deposit Insurance Corporation , all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to , or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs changed to the project, including any approved services contributed by the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges . 7.50 Checks, Orders, and Vouchers : Any check or order drawn by the Agency with respect to any item which is or will be changeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terns of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 725-030-M PUBLIC TRANSPORTATION 08103 Pape 4 of 12 7 .61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A 133 , Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency eleds to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's nxxv ds and financial statements as may be necessary for complying with the r+egV ernents of 31 t1.S.C. 7501 et seq. Pursuant to OMB Circular A-133 , Subpart C. .320(d) , the Agency shalt provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A- 133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 113th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in is fiscal year, the Agency must have a State single or project specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name ofthe awarding State agency. If the Agency expends less than $300 ,000 , this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97 , F. S., the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor`s working papers, as necessary for complying with the requirements of Section 215 .97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97 , F. S., and applicable Rules of the Auditor General to the Department and to : State of Florida Auditor General Room 574 , Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans . 725430-M PUBLIC TRANSPORTATION 08103 Pape 5 & 12 7.70 Insurances. Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or faaTrb'es in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities, In the event of the loss of such equipment or facilities, the Agency shalt either replace the equipment or facilities or reimburse the Department to the extent of its Interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify #his section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department: funds, the Agency shall file with the Department of Transportation , District Four Public Transportation Office 3400 W. Commercial_Blvd . Ft. Lau . FL 33309 its requisition on a form or forms pry by the Department and any other data pertaining to the project account (as defined in paragraph 7 .10 hereof) to justify and supportthe payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted In detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shag be subrntited in accordance with Chapter 112061 , F.S. The Department may establish rates lower than the maximum provided in Chapter 112,061 j F.S . 8.13 For real property acquired, submit; (1 ) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in waling not to make a payment on the project if. 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation : There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8 .23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved ; 8.24 Conflict of interests: There has been any violation of the conflict of interest provisions contained herein ; or 8.25 Default& The Agency has been determined by the Department to be in default under any of the provisions of the Agreement, 8.26 Federal Participation (1f Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs . PUBM TRANSPORTATION 0M Pape 6 of 12 8 .30 Disallowed Costs : In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or seances received under a contract or other arrangements which have not been approved in writing by the Department. 8 .40 Payment Offset: If, after project completion , any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which It has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9 .10 Termination or Suspension Generally: If the Agency abandons or, before completion , finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension . Upon receipt of any final termination or suspension notice under this paragraph , the Agency shall proceed promptly to cavy out the actions required therein which may include any or all of the following: (1 ) necessary action to terminate or suspend , as the case may be , project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts , and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan , and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of 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. 9.12 The Department reserves 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, F.& and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11 .00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all worts, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shalt be sufficient cause for nonpayment by the Department as provided in paragraph 8 .23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. OWNS 7254MO-08 PUBLIC TRANSPORTATION 0M Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is 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, ambitectare or surveying services, is contingent on the Agency complying In full with provisions of Chapter 287, F.S. , Consultants' Competitive Negotiation Ail. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contrails. in all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act, 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. 12.31 DBE Poricy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26 , as amended , shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26 , as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contrails and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended , to ensure that the Disadvantaged Business Enterprises 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 contrails. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13. 10 Equal Employment Opportunity: in connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age , creed , color, sex or national origin . The Agency will take affirmative 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 . Such action shall include, but not be limited to, the following: Employment upgrading , demotion, or transfer, recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all :its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction , demolition , removal, site improvement, 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 ofthe nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004, et. seq), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968, 42 USC 3601 et seq ., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age . 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U .S.C. 12102, et, seq.) , the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 725.030-M PUBLIC TRANSPORTATION 06W Pape Bat 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection : Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contrail, subcontract, or arrangement_ The Agency shag insert in ail contrails entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shalt have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shalt not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shag be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions. 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responses for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith . 14.20 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shag the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shat) exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid : if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and , also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that 9 any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PLJBLJC TRIWSPJRTATM MM Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18 , when applicable . 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement 14.90 Contractual Indemnity: To the extent provided by law, the Agency and its consultants, contractors , subcontractors, agents and/or employees shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, contractors, subcontractors, consultants and/or employees during the performance of the Agreement, except that neither the Agency, its agents, consultants, contractors, subcontractors and/ or its employees will be liable under this paragraph for any claim, loss , damage, cost, charge, or expense arising out of any act, error, omission , or negligent act by the Department or any of its officers , agents, or employees during the performance of the Agreement. When the Department receives notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim . After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Departmenrs failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial , that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departmenrs satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in Paragraph 8.23, 18.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications , is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-030-08 PUBLIC TRANSPORTATION 08103 Pam 10 of 12 17 .00 Appropriation of Funds : 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature . 17.20 Multi Year Commitment: In the event this Agreement is in excess of $25 ,000 and has a term for a period of more than one year, the provisions of Chapter 339 . 135 (6)(a), F . S. , are hereby incorporated : "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written , made in violation of this subsection is null and void , and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 10/1 /2009 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid . 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural . All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21 .00 Restrictions on Lobbying : 21A0 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan , the entering into of any cooperative agreement, and the extension, continuation , renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Ford to Report Lobbying ," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawaids at all tiers (including subcontracts, subgrants, and contrails under grants, loans and cooperative agreements) and that all subrecipients shall c e tr7y and disclose accorrdingly. 72543D4)e PUBLIC TRANSPORTATION O&M Noe 11 of 12 21 .20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights : Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames . Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved . If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services , a separate interest penalty in accordance with Section 215 .422(3)(b) , F. S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1 ) dollar will not be enforced unless the Agency requests payment Invoices which have to be returned to an Agency because of vendor preparation enters will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services . The duties of this individual include aging as an advocate forAgencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)41 Ot 9724 or by calling the Department of Financial Services Hotline, 1 -800-848-3792 , 23.00 Public Entity Crime: Pursuant to 287. 133(3)(x) F.S. the following is applicable to this agreement. 287 .133 (2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity oxime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287. 017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " 24.00 Discrkninatiorr. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725-030-06 PUBLIC TRANSPORTATION 08!03 Pa ae 12 of 12 Financial Project No . 40719018401 Contract No. Agreement {Yate IN WITNESS WHEREOF , the parties hereto have caused these presents be executed , the day and year first above written . AGENCY FDOT Indian River County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Caroline D . Ginn SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION GNATURE DEPARTMENT OF TRANSPORTATION Chairman District Director of Transportation Development TITLE TITLE FINANCIAL PROJECT NO. 4{3719018401 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Commissioners referenced by the above Financial Project Number. PROJECT LOCATION: Indian River County, FL PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding assistance to Indian River County to offset the operating costs of providing public transportation services in the county. SPECIAL CONSIDERATIONS BY AGENCY: The audit reports) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's_ contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement offunds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT : FINANCIAL PROJECTNO. 40719018401_ EKMBIT " B " PROJECTBUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Commissioners referenced by the above Financial Prflject Number, PROJECT ESTEKATED AND PROGRA MMD BUDGET: The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C" . This funding will be made available, annually, in the following manner. After all program requirements have been met, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount of fiuiding available and the beginning date when eligible project costs may be incurred. This notification must be signed by the agency and returned to the Department. F'Y2004/2005 Local Funding (LF) ( 50 %) $ 298,610 Federal Reimbursable (DU) ( %) $ State Funding (DDR) ( 50 °leo) $ 298,610 TOTAL PROJECT COST $ 597,220 A1A)M'v M DEPAR'I'1V W PARTICIPATION $ 298,610 FINANCIAL PROJECT NO. 40719018401 EXHIBIT " C " (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Comfnissioners referemeed by the above Financial Project Number. REF: Section 341 ,052 F. S. The Department shall provide block grant fiuWs for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding isprovided in Sec. 341 . 052( 1 ) F. S ., and Sections 5307 and 5311 of the Federal Transit Act, 49 U. S . C. 5307, and 49 U. S . C. 5311 respectively. As authorized in Section 341 .052, Florida Statute the annual appropriation in this program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, Florida Statues. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. . Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (. . . funds shall not exceed local revenue. . . funds shall not be expended for depreciation or amortization of capital assets. . .funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341 . 052 FOS I ,, have been adhered to . The Agency shall provide the Department with two (2) copies of its most current adopted budget together with two (2) copies of the National Transportation Database (NTD) report at the same time the Section 15 report is submitted to the Federal Transit Administration or by March 1 , whichever is earlier. Unless the adopted budget uses a format consistent with the NTD report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than March 15 each year, and published either by May 1 , or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall finish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) to the Department by July 1 each year A TDP shall comply with the following elements at a minimum. 1 . The TDP shall identify and list community goals and policies with respect to transportation and land use in general and specifically to transit service. 2 . The TDP shall identify and quantify the community's need for transit service using demographic, socioeconomic, land use, transportation, and transit date as appropriate. There shall be an opportunity for the public to express the need for transit service improvements, such as but not limited to, Citizens Advisory Committees and workshops. 3 . The TDP shall include an analysis of the service currently provided in the community by public and private transit service providers in terms of quality and quantity of service. The TDP shall present an analysis of any variation between the need identified and the service provided and present alternative methods of addressing any deficiencies (and the costs and benefits of each.) The process for selecting an alternative method implementation shall include an opportunity for public participation. 4. The TDP shall present a five year program for implementing the alternative selected. The five year program shall include: maps indicating areas served and the type and level of service to be provided, a monitoring program to track performance measures, a five year financial plan listing operating and capital expenses and anticipated revenues by source, and, a list of projects or services for which funding has not been identified. The last three years of the program may be presented wit less detail than the first tow years. 5 . The TDP shall not be in conflict with the approved local government comprehensive plan and the comprehensive (long range) transportation plan. 6 . The TDP is to be reviewed, revised as necessary, and adopted annually and submitted to the Department by July 1 of each year. The annual review and revision may be limited to refinements and extensions of the five year program. Major updates, to be completed every third year, shall include all elements of a TDP as defined herein. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341 . 061 , and Rule Chapter 14- 90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guide System - (established) In accordance with Florida Statute 341 . 061 , the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 14- 55 . Fixed GuidewaSystem - (new) In accordance with Florida Statute 341 . 061 , the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule Chapter 14-55 . Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Other items may be added as required. Requirements as stated in Attachment A and Table A4 Attachment A REQUIREMENTS FOR TRANSIT PERFORMANCE REPORTING The 1990 Florida Legislature amended Section • 341. 041 (3), Florida Statutes (F. S.) , which provides for the Department' s transit responsibilities with respect to state transit measures , as follows: Develop, publish , and administer state measures concerning system management, performance, productivity, cost distribution and safety of government owned public transit systems and privately owned or operated systems financed wholly or in part by state funding . Such measures shall be developed jointly with representatives of affected publicly owned transit systems and in coordination with affected privately owned systems , with full considerations given to nationwide industry norms . Section 341 . 071, Florida Statutes, was also enacted requiring the following : ( 2) Each public transit provider shall establish productivity and performance measures , which must be approved by the department and which must be selected from measures developed pursuant to s . 341 . 041 (3). Each provider shall report annually to the department relative to these measures . In approving these measures , the department shall give consideration to the goals and objectives of each system , the needs of the local area , and the role for public transit in the local area. ( 3) Each public transit provider shall publish in the local newspaper of its area the productivity and performance measures established for the year and a report which provides quantitative data relative to the attainment of established productivity and performance measures . For the purpose of performance measures repotting the public transit provider shall be defined as all Section 5307 transit systems and Section 5311 transit systems that are not designated as Community Transportation Coordinators pursuant to Chapter 427 F.S. (The Commission for the Transportation Disadvantaged is responsible for the program with respect to Community Transportation Coordinators as per Section 341 . 052(5), F. S.) Specific Requirements for Transit System Performance Reporting Pursuant to Section 341 . 071, F. S. , the following specific requirements for transit system performance reporting shall be part of the Florida Department of Transportation Transit Block Grant Procedure : 1 . The transit agency shall publish in the local newspaper of its area , in the form prescribed by the Department, the productivity and performance measures established for the transit providers' most recent completed fiscal year and the prior fiscal year. 2 . The performance report shall be approved by the Department prior to its publication . 3 . The performance report shall be submitted to the Department no later than September 15 of each year, and published either by November 1 , or no later than twenty-eight (28) calendar days after the Department's written approval of the report. 4 . The transit agency shall furnish an affidavit of publication and a copy of the newspaper report to the Department within twenty-eight (28) calendar days of publication . 5 . Publish performance measures must be consistent with the transit agency's National Transit Database (NTD) report. 6 . In computing per capita measures , service area population shall be used as the denominator. Service area population shall be determined according to the Federal Transit Administration 's NTD guidelines . 7 . For 'agencies operating both fixed-route and demand response systems , performance measures shall be reported separately for fixed-route and demand response services . Published fixed-route and demand response data shall include purchased transportation data for each of those modes . If data for purchased transportation are not available to compute any of the required measures , agencies can report that measure for directly-operated service only, but make a notation (footnote) that the reported value for that measure does not include purchased transportation . 8 . When a new system begins to report, the first year becomes the baseline and that system would only report their first year data . In the second year of reporting , a new system shall report two years of performance data . To allow for meaningful comparison , computation of all prior year data must be consistent with methodology used to compute current year measures. 9 . Performance reports shall be given as much prominence as possible in newspaper publications and must include an introductory paragraph as to why these measures are being published . 10 . The newspaper publication shall at the minimum report the values of the following nine (9) performance measures ( 1 — 9 , shown in Table A4) : Table AA Required Performance Measures for Newspaper Publication ( updated based on FY 2002 NTD online reporting forms) INDICATORWEASURE DEFINITION SOURCE PERFORMANCEGENERAL • - Annual number of boardings on transit vehicles. Transit Agency Service Module Form S- 10 1 . Passenger Trips A trip is counted each time a passenger boards a non-rail: line 13 , column d transit vehicle. rail : line 16, column d — note the modes Included Number of annual miles of vehicle operation while Transit Agency Service Module Form S- 10 2 , Revenue Miles in active service (available to pick up revenue non-rail: line 8, column d passengers), rail: line 12 , column d — note the modes included Reported annual total spending on operations, Financial Module Form F-30 3. Total Operating Expense including administration, maintenance, and line 15, column e operation of service vehicles. — note the modes included Directly-generated revenue, Including passenger fares, park-and-ride parking revenues, auxillary Financial Module Form F-10 transportation revenues, nonAransportation add column d from line 01 (for DO totaq , 4. Operating Revenue funds, and other transportation revenues. line 03, line 04, line 08, line 09, and line Operating revenue excludes taxes or funds 22. Include line 02 , column d If reporting dedicated to transit or other government purchased transportation service. subsidies. 5. Vehicles Operated in The largest number of vehicles required for Transit Agency Service Module Form S- 10 Maximum Service providing service during peak hours (typically the Zine s column a; or 4r Basic Information Module Form B- 10 rush period) . — note the modes included 6. Base Fare The base price of one transit trip, not including Report by mode, any discounts or passes. EFFECTIVENESS MEASURES Reported for directly-operated service only. Subtract any purchased Number of revenue miles divided by vehicle transportation miles from item '2.(revenue 7. Revenue Miles Between (revenue miles) , then divide by Total system failures. Indicates the average frequency Revenue Vehicle System Failures for the Vehicle System Failures of delays due to equipment problems, modes included in item "2.', found on Form R-20 (Maintenance Performance) of the Resource Module. 8 . Days/Hours Service is Hours per day and days per week service is Transit Agency Service Module Form S-10 Available provided . non-rail : lines 03-04, column a and line 16 rail: lines 03-03 , column a and line 18 EFFICIENCY MEASURES Annual operating expense divided by total annual item "3." divided b item " 1 " 9 . Operating Expense per trips; a measure of the efficiency of transporting — keep modes consistent Passenger Trip riders. RESOLUTION NO, 2004- 130 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53 , Section 5307 ; and WHEREAS, Indian River County intends to submit an FY 2004/05 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2004/05 Florida Public Transit Block Grant; and WHEREAS , Indian River County is eligible to receive grant funding under Section 341 . 052 ( 1 ), Florida Statutes, and under 49 USC Ch. 53 , Section 5307 and 49 USC 1614 ; and WHEREAS, the Florida Department of Transportation provides Public Transit Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA : 1 . That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2004/05 Florida Public Transit Block Grant funding to be used as a partial match for operating assistance as part of the County' s FY 2004/05 49 USC Ch, 53 , Section 5307 grant application. 2 . That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County' s FY 2004/05 Public Transit Block Grant. 3 . That the Indian River County Community Development Director is authorized to sign the required interim year Notification of Funding forms associated with this agreement. THIS RESOLUTION was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner Neuberqer , and upon being put to a vote, the vote was as follows : Chairman Caroline D . Ginn Aye Vice- Chairman Arthur R. Neuberger „ g Commissioner Fran B . Adams _Aye Commissioner Thomas S . Lowther Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of November , 2004 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest : By ; Caroline D. Ging, Chairman Deputy Clerk t/ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Caroline D . Ginn, as Chairman of the Board of County Commissioners, and PATRICIA Mo RIDGELY , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2nd day of November , A.D . , 2004 . Notary Pu is ,,,1140,,,,, APPROVED AS TO LEGAL SUFFICIENCY `" "� ISSIO y E q Massun *; .*; MYCOMMISSION # DD216503 EXPIRES ' •. `s;= July 15, 2007 pd BONDED THRU TROY FAIN INSURANCE INC BY: William G. Collins, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY : obert . Keating, irect Community Developme t Dep ent r:\Co unityDe elop�nus=NM\T.LskGmts rBG\aos\zoo4BCCRES.dm