HomeMy WebLinkAbout1998-135 0
RESOLUTION NO88 4 35
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 49
USC 1614;and
WHEREAS,Indian River County intends to submit an application for funding assistance
under 49 USC Section 5307, with the required matching funds to come from local funds and a
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 will provide a Public Transit Block
Grant to Indian River County to assist in the continuance and expansion of local public
transportation.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS THAT THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZES THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE A PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FUNDING ASSISTANCE TO BE USED AS A
PORTION OF THE REQUIRED FUNDING MATCH FOR OPERATING ASSISTANCE
UNDER THE COUNTY'S FEDERAL 49 USC CH.53,SECTION 5307 MASS TRANSIT
GRANT FOR CAPITAL AND OPERATIONS FUNDING ASSISTANCE.
THIS RESOLUTION was moved for adoption by F r a n A d a m s
and the motion was seconded by Ruth S t a n b r i d a e ,and,upon being put to
a vote,the vote was as follows:
Chairman John W.Tippin Aye
Vice-Chairman Kenneth R. Macht Aye_
Commissioner Fran B.Adams AyP
Commissioner Caroline D.Ginn Ay e
Commissioner Ruth Stanbridge Ave
The Chairperson thereupon declared the resolution duly passed and adopted this_$_day of
. , 1998.
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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
yYiuii'—W-X Ira.Tippin,CIAjAinit
Board of County C"niladoners
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Jeffrey K.Barton,Clerk
State of Florida
County of Indian River
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in this State
and County to take acknowledgments,personally appeared JQJIN W.TIPPIN,as Chairman of the
Board of County Commissioners,and 'P P-le rog Al. kj I b e� ,as Deputy Clerk,to me
known to be the persons described in and who executed the fore oing instrument and they
acknowledged before me that they executed the same.
WI NESS my hand and official seal in the County and State last aforesaid this -40
day of ,A.D.,1998.
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WPI No: 4815799 Fund: 010 SAMAS Approp: ORM4
Function: 680 SAMAS Obj.: 790004
FM No: 235253.1-84-01 Federal No: Org. Code: 55042010429
Contract No: Vendor No.: VF.S96000674007
THIS AGREEMENT,nude and entered into this day of ,19 ,
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 RO Rn OF rQUNTY 0M 4lcelONERc
hereinafter referred to as the Agency.
WITNESETH:
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
Chapter 341 ASI ,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 Agroamt: The purpose of this Agreement is to provide Transit Block Grant funding to the 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 Exhlbit(s) A,B,ant C attached hereto and by this reference made a pan
hereof,hereinafter referred to as the project,and q provide Depmwnrrl 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.
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2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence,and complete the project as described in Exhibit"A"
attached hereto and by this reference made a part hereof,with all practical dispatch, in a sound,economical,and efficient
manes,and In accordance with die provisions herein,and all applicable laws.
2.20 Pursuant to Federal,State,and Local Law: In the event that any election,referendum,approval,permit,
mioe,or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
a 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—M 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.
2.40 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$407-736.00 1Ts amount
is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a pan 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 Partidpadon:The Department agrees to maximum participation,including contingencies, in the
project in the amount of$203.868.00 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 Cast 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;
( ) Availability of funds as stated in paragraph 17,00 of this Agreement;
° 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 authority
becomes available.
4.20 Front End Funding:Front end funding(is)(is not)applicable.If applicable,the Department may initially pay
100% of the total allowable incurred project casts up to an amount equal to its total share of participation as shown in paragraph
4W.
LOO Retainage:Retainage(is)(is not)applicable,U applicable, N/A 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.
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
umle s it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the
Department Comptroller.
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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 Maintarance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements establidied 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 five 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
foods".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 Casts Incurred for the Project: The Agency shall charge to the project account all eligible costa 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"ad 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: The Agency shall provide to the Department audit reports reflecting the use of the funds of the
Department,the Agency,and those from any other source with respect to the project as required by Procedure 450-021-001.
Audits shall be performed in accordance with generally accepted government auditing standards contained in the"Stuindsrds
for Audit of Governmental Organizations,Programs,Activities and Functions",issued by the U.S. General Accounting Office
and OMB Circulars A-128 or A-133 where applicable. The Agency shall require its auditors to include in their report a
schedule of project assistance as described in Exhibit"A", Special Considerations.
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".
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8.00 Requisitions and Paytwls:
&10 Adhere by the Agatcy: In order to obtain any Department fiends,the Agency shall file with the Department of
Transportation, DistrictF"_public Transportation Office cern w. Gnmme�nial Bivd ,Fc a FL,3wits
requisition on a form or forms prescribed by the Department,and 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
proper preaudit and.postaudit thereof.
8.12 Imvoices 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 attendart relocation of occupants was accomplished in compliance with all federal laws,ndes
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 requisidons
lo 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 Atralshed therewith or pursuant
hereto;
8.22 Utigation:There is then peg litigation with respect to the performance by the Agency of any of its dudes
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,order
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 Of 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.
8. 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,costa which are not provided for in the latest approved
budgtd for the project,and Costs attributable to goods or services received under a contract or other anIngements which have
not been approved in writing by the Department.
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8.10 Payment Of[itet: 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 due
project; a if,by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other
MM the COM00E0wflWnt,p of bWy compledort of the project by the Agency is rendered Improbable,hfeaslble,
Impossible,or illegal,the Department will,by written nodce to the Agency, suspend any or all of its obligadons under this
Agreement until such time as the event or condition raWdng 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 carry 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 h to be computed; (2)furnish a statement of the project activities and contracts,and other undertakings due cost of
which are otherwise includable as project costa;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, 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 stare 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 Agivements: 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.
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12.20 Compliance with Canultants'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
engi Bering,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 shall certify to the
Department that selection has been accomplished in compliance with the Consultant's 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 23.as amended,shall have the maximum opportunity to participats in the performance of contracts financed in whole or
in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23,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 23,as amended,have the maximum opportunity to participate in the performance of contracts and this
Agreeamem In this regard,all recipients,and contractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23,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 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 origin. The
Agency will take atFirmadve action to emttre 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 the 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 Ad of 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Tide VI of the Civil Rights Act of 1964(78 Statute 252),
the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
13.30 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 Tide VIII 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,religion,sex,
disability and familial status.
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, the regulations of the federal
government issued thereunder,and the assurance by the Agency pursuant thereto.
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13.30 Prohibited Intereefs: Neither the Agatey nor arty of its contractors or their subcontractors shall enter into any
oomra1:4 subcontract or ananlpment in connection with die project or any property included or planned to be locluded in the
project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any
inlerest,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 die 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
provision:
'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 Remedles 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 malting 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 odher act or do any otter 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 Deparanent
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.
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14.70 Vse and Mlaintestance of PrWect 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
fadlitia and equipment a,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 a 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 Pan 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 indemnlfy,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 the performance of the Agreement.
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 willjointly disc us ins 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 the 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 Plana 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
specificatiora covering the project. The Department will review all plans and specifications and will issue to the Agency written
approval with any approved pa'tions 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 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.
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,
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.
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17.20 Multi-Year Commitment: In the event this Agreement is In excess of 525,000 and has a term for a period of
more than one year,the provisions of Chapter 339.135(d)(a),Florida Statutes,are hereby incorporated: "(a) The Department,
durhrg any find 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 die 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 dnall 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. NOW%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
lum 30,20 O 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,
District Four . 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
wads 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:
21.10 Federd: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 oder grams,loam and cooperative agreements)and that all subreciplents shall
certify and disclose accordingly.
agency.21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
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22.00 Vendors Rights: Vendors(in this document identified as Agency)providing goods and ser jew to the
Department should be aware of be following time frames. Upon receipt,the Department has flve(5)working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract apecifles otherwise. The
DeparUnent 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 acoadanoe with Section 215.422(3)(b)will be due and payable,in addition to die invoice
amount b the Agency. The interest penalty provision applies after a 35 day time period to health pre providers,as defined
by nde. Irhtesnat penalties of leas bran 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 dudes of dols individual
include seting as an advocate for Agencies who may be experiencing problems in obtaining timely p&yment(a)ndlfrom the
Department. The Vendor Ombudsman may be contacted at(904)488-2924 or by ailing the State Comptroller's Hotum, 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(2x&)"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&contract 10 provide any goods or sexyl0es 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
Properly 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 a.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
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WPI NO. 4915799
FM NO. 235253.141401
Contract No.
Agreement Date
IN WITNESS VAMMEOF,the parties hereto have caused these presents be executed,the day and year first above written.
AGENCY:. FDOT:
Date Funding Approved by Comptroller
INDIAN RIVER COUNTY BOARD OF (See attached Encumbrance Form)
COUNTY COMMISSIONERS/
BY!
HN W.Tr PIN
TITLE: CHAIRMAN
LEGAL APPROVAL
DEPARTMENT OF TRANSPORTATION
ATTEST:
TITLE:
DISTRICT SECRETARY
OR
DIRECTOR OF PLANNING is PROGRAMS
ATTEST:
EXECUTIVE SECRETARY
NSM 0*9 ca Date
Admin
Legal
Budgtl
D*pl.
Risk Mqr
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WPI NO. 4815799
FM NO. 235253-1-94-01
CONTRACT NO.
EXHIBIT"A"
PROJECT DESCRIPTION AND RESPONSIBILIms
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State Of Florida, Department of Transportation and the INDIAN RWER CO INTY BOARD
OF COUNTY COMMISSIONERS
dated
PROJECT LOCATION:
Indian River County,Florida
PROJECT DESCRIPTION:
Zbe purpm of this Agreement is a non-urbanized area Public Transportation project consisting of operating
assistance for a public transportation system in Indian River County, Florida.
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, WPI number and Job 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
>b M
•ti
WPI NO. 4815799
FM NO. _ 215253.1-94.61
CONTRACT N0.
EXHIBIT"B"
PROJECT BUDGET
'Tlds exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida,Department of Transportation and the INDIAN Rmg r_p iNTY nnegn
OF COUNTY C010MRIONRRS
dated
I. PROJECT COST: $407,736.00
Operating Assistance
TOTAL PROJECT COST: $407,736.00
II. PARTICIPATION:
Maximum Federal Participation
FTA,FAA ( %) or $
Agency Participation
In-Kind ( %) $
Cash/In-Kind ( 50% ) $203,868.00
Other ( %) 5
Maximum Department Participation,
Primary
(DS)(DDR)(DD0(PORT) ( 50 %) or $203,868.00
Federal Reimbursable(Di)(FRA)(DFTA)( 50%) or $
Local Reimbursable(DL) ( %) or $
TOTAL PROJECT COST $407,736.00
r
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WPI N0._ 4815799
Fm NO. 23525 -1.84-01
CONTRACT NO.
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 MIAN RIM rp M=T40AR
OF COUNTY rOMnureernNEoe
dated
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 Section 9 and 18 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, txCWdIng any
depreciation or amortization of capital assets.
Block grant funds shall not exceed local revenue during the tern 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
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revenue and federal funds,received by the provider for operating costs, whichever amount is less.
The Agency shall rales 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...f Inds shall not be expended for depreciation or amortization of capital
asset s...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 Section 15 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 Section 15 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 Section
15 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
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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 with less detail than the first two years.
S. 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
_2L Bus -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 Guidemy 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.
wy W
RESOLUTION NO. 98-136
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC
TRANSPORTATION COORDINATION JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION(FDOT).
WHEREAS,the Federal Government requires that each metropolitan area,as a condition
to the receipt of federal capital or operating transit assistance,have a continuing,cooperative,and
comprehensive transportation planning process that results in plans and programs consistent with
the comprehensively planned development of the metropolitan area;
WHEREAS,pursuant to 23 CFR Section 450.310(b)and Section 339.175(9)(a)3,Florida
Statutes,the Indian River County MPO must execute and maintain an agreement with the State and
the operators of public transportation systems,including transit systems and airports,describing the
means by which activities will be coordinated and specifying how public transit and aviation
planning(including corridor and subarea studies pursuant to 23 CFR Section 450.316 and 450.318)
and Programming will be part of the comprehensively planned development of the metropolitan area;
WHEREAS,pursuant to Section 339.175(9)(a)2,Florida Statutes,the Indian River County
MPO shall execute and maintain an agreement with the metropolitan and regional intergovernmental
coordination and review agencies serving Indian River County;
WHEREAS,the aforesaid agreement must describe the means by which activities will be
coordinated and specify how transportation planning and programming will be part of the
comprehensively planned development of Indian River County;
WHEREAS,the Indian River County Board of County Commissioners oversees and funds
the operation of the Community Coach public transportation system;
WHEREAS, it is in the public interest that the Indian River County Board of County
Commissioners,the Indian River County MPO,aviation authorities serving the County,and other
affected agencies jointly pledge their intention to cooperatively participate in the planning and
programming of transportation improvements within Indian River County;
WHEREAS, the parties to this agreement desire to participate cooperatively in the
performance of a continuing,cooperative,coordinated,and comprehensive transportation planning
process to assure that highway facilities,mass transit rail systems, air transportation and other
facilities will be properly located and developed in relation to the overall plan of community
development.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1• That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute an Intergovernmental Coordination and Review and Public Transportation
Coordination Joint Participation Agreement with the Indian River County MPO,FDOT,and
the other agencies specified within the Agreement.
2. That the Indian River County Board of County Commissioners shall regularly coordinate
with the Indian River County MPO, FDOT, and the other agencies specified in the
Agreement to implement, maintain,and update the Agreement.
ATTACUW