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HomeMy WebLinkAbout2002-112 RESOLUTION NO. 2002- 112 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 2002/03 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2002/03 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 2002/03 Florida Public Transit Block Grant funding to he used as a partial match for operating assistance as part of the County's FY 2002/03 49 1!SC 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 2002/03 Public Transit Block Grant. RESOLUTION NO. 2002- 112 THIS RESOLUTION was offered by Commissioner Adams who moved its adoption. The motion was seconded by Commissioner Ginn and upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice-Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Ave Commissioner Thomas S. Lowther Commissioner Arthur R. Neuberger Aye The Chairman thereupon declared the resolution duly passed and adopted this 17'h day of December, 2002ti r , ' BOARD OF COUNTY COMMISSIONERS 4' 4. INDIAN R CO FLORI> a Attest: .I . Barton, Clerk By: Kenneth 444 R. Macht , { A} Chairman B�- ? ;. 'Deputy Clerk T HEREBY CE-kilFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments,personall appeared Kenneth R. Macht, as Chairman of the Board o f County Conimissioners, and PATRICIA 11R. 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 myhand and official seal in the County and State last aforesaid this 17th day December, A.D., 2002. Notary Public Kimberly E.Massung MY COMMISSION'i CC855436 EXPIRES July 15,2003 BONDED THRU TROY FAIN INSURANCE,INC 1 RESOLUTION NO. 2002- 112 APPROVED AS TO LEGAL SUFFICIENCY BY: 4�0 — William G. Collins, Deputy County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: & " Robert M. Keating, AI P, Direc r Community Development De rtment \U ILI;SIiRVliHU'ulilic\Community Dcvelopn-WJ.,t M'0\'I'runsiI 6nm1..W1136\2(N)213CCR(:S.Joc 1 I ..I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION 725-030-06 JOINT PARTICIPATION AGREEMENT PUBLICION Pape 1 of 12 Financial Project No.: Fund: R FLAIR A ro 088774 23527118401 PP p" (nem-segment-phase-sequence) Function: 680 FLAIR Obj.: 750010 Contract No.: Federal No.: NIA Org. Code: 55042010429 Vendor No.: VF596000674007 Catalog of Federal Domestic Assistance Number: NSA 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 : WHEREAS,the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 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 is to provide Transit Block Grant funding to Indian River County Board of County Commissioners to offset the operating expenses of the public transportation system in Indian River County,Florida, 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, an to provide epartmental 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. I • t )2s-030.()5 PUBLIC TRANSPORTATION 2.00 Accomplishment of the Project 07/02 Page 2 of 12 2.10 General Requirements: The Agency shall commence, and complete the project as described attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable is in Exhibit "A" ws. 2.20 Pursuant to Federal,State,and Local Law,: In the event that any election, referendum a notice, or other proceeding or authorization is requisite under applicable law to enable the A to Agreement or to undertake the project hereunder, or to observe,assume or carry out an approval, permit, Agreement,the Agency will initiate and consummate, as provided by law, all actions necessa with Agency o Y o enter into this matters so requisite. f the provisions of the rY respect to any such 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 c 2.40 Submission of Proceedings, Contracts and Other Documents: completion of the project. Department such data, reports, records,contracts and other documents relating to the projecth slltthe Department may submit to the require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. De 3.00 Project Cost: The total estimated cost of the project is $ 605,948 is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a art hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits P involved. 4.00 Department Participation: The Department agrees to maxi in the project in the amount of$ 302.974 mum participation, including contingencies percentage(s) of total project cost shown in Exhibit"B",whichever is lessdetailed in Exhibit"8"; or in an amount equal to the 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effe date of this agreement. it is understood that State participation in eligible project costs is subject to: dive (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, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget(Exhibits A& B) at the time appropriation becomes available. on authority 4.20 Front End Funding : Front end funding Q is may initially pay 100% of the total allowable incurred project costs up to an amount equal to its is not apcable. If total plicabshare ofe participation Department as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is s Department's total share of participation as shown in paragraph 4.00 slto be held n le Department's discretion, on or before the completion of the final project audit. retainage to be disbu sednat the 725.030.06 PUBLIC TRANSPORTATION 07/02 6.00 Project Budget and Payment Provisions: Page 3oi,2 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 Pa paragraph yment Provisions: Unless otherwise allowed under 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 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 account shall be made available to the Department upon request anytime 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 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 charged to the project, including any approved services contributed by the Agency or others,shall be supported by properly executed payrolls,time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers:Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the 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 procedures/processes 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 terms 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. 725-030.06 PU&IC TRANSPORTATION 07/02 Page 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-speck 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 elects 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 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 records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall 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 10th 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 its 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 State awards will be identified using the Catalog of State Financial Assistance (CSFA)title and number, award number and year, and name of the 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, Florida Statutes,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, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, 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. 725.030-06 PUBLIC TRANSPORTATION 07/02 Pape 5 of 12 7.70 Insurance:Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the Lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit"C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds,the Agency shall file with the Department of Transportation, District 4 Public Transportation Office 3400 W,Commercial Blvd. Ft Lau FL 33309 its requisition on a form or forms prescribed by the Department,and any other data pertaining to the project account(as defined in paragraph 7.10 hereof)to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a properpreaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061,Florida Statutes. 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 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 writing 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 (If Applicable):Any federal agency 9 y 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 i 725.030.06 PUBLIC TP,ANSPORTATION - 07/02 Page 6 0'12 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 approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment 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 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 receiptof 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 underthe 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, Florida Statutes 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 work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of 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 shall 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. 725-030.06 PUBLIC TRANSPORTATION 07/02 Pape 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,architecture or surveying services,is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation Act.At the discretion of the Department,the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shallcertify 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 Policy: 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 contracts 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 Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts.' 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 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 of the 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.2000d, 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 VII.1 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 government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030.06 PUBLIC TRANSPORTATION 07102 Page b of 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 contract,subcontract, or arrangement. The Agency shall insert in all contracts 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 "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any 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 shall 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 responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the 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 shall 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 if 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 PUBLIC TRANSPORTATION 07102 Page 8 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 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, or employees,during the performance of the Agreement,except that neither the Agency, its agents,or its employees will be liable under this paragraph for any claim, loss,damage,cost,charge, or expense arising out of any act,error, omission,or negligent act by the Department or any of its officers,agents, or employees during When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement,the Department will immediately forward the claim to the Agency.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 Department's 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 Department's satisfaction,the Department will issue to the Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final invoice,that the project was completed in accordance with applicable plans and specifications,is in place on the Agency facility,that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. T2s-0a0.X PUBLIC TRANSPORTATION 07102 Page 10 of i2 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), Florida Statutes, 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 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 June 30 , 2004 . If the Agency does not complete the project within this time period,this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the ` District Secretary . 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 daytime 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 andinclude 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: 21.10 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 Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 725-030•D6 PUBLIC TRANSPORTATION 07/02 Page 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 Banking and Finance.The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, 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)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 errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at(904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) 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 crime 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 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: 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 07ro2 Page 12 of 12 Financial Project No. 23527118401 Contract No. Agreement Date 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 COMMIS See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Kenneth R Macht SIGNATORY(PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Chairman TITLE TITLE BCC Approved: December 17, 2002 FI A.NCIAI,PROJECT NO. 23527118401 EXBIBTT "A" PROJECT DESCRIPTION AND RESPONSIBI1nUDS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and _INDIAN RIVER COUNTY BOARD OF COUNTY CON/MSSIONERS referenced by the above Financial Project Number. PROJECT LOCATION: Indian River County PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding to the Indian River County Board of County Commissioners to offset the operating expenses of the public transportation system in Indian River County. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s)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 of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FINANCIAL PROJECTNO. 23527118401 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS referenced by the above Financial Project Number. I. PROJECT COST: $605,948 Transit Operating Expenses TOTAL PROJECT COST: $605,948 II. PARTICIPATION: Maximum Federal Participation FTA,FAA ( %) or $ Agency Participation Cash/In-Kind ( 50 %) $ 302,974 Other ( %) $ Maximum Department Participation, Primary (DS)(DDR)(DM(PORT) ( 50 %)or $ 302,974 Federal Reimbursable(DU)(FRA)(DFTA) ( %) or $ Local Reimbursable(DL) ( %) or $ TOTAL PROJECT COST $ 605,948 FINANCIAL PROJECT N0. 23 527118401 EXHIBIT ttctv (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 INDIAN RIVER COUNTY BOARD OF COUNTY CONMSSIONERS referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided 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. 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, ezclnding 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 F.S., 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 furnish 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 Guideway 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 Guidewav System- (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.