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HomeMy WebLinkAbout1990-169I WPI NG(S): 4893900 JOB NO(S): RESOLUTION NO. 90-169 A Resolution of the Indian River County Board of County Commissioners authorizing the execution of a certain Grant Agreement with the Transportation Disadvantaged Commission. WHEREAS, Carolyn K. Eggert, Chairman has the authority to enter into a Grant Agreement with the Transportation Disadvantaged Commission to undertake a project as authozized by Chapter 427, Florida Statues and Rule 41-2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE Indian River County Board of County Commissioners that: 1. The Agreement for State Job No. 88000 3839 is approved. 2. Carolyn K. Eggert, Chairman is authorized to execute the Agreement with the Florida Transportation Disadvantaged Commission. 3. Robert M. Keating, Community Development Director is authorized to sign any and all assurances, certifications, reimbursement invoices and other documents which may be required in connection with the Agreement. DULY PASSED AND ADOPTED THIS BY: �?� "'/ 4')- A , Carol K. Eg t TITLE: Chaiijifian ATT S.T: • ,_ L�%vC.v �V InG�an Rue: GU .+L✓Gortl Il Adrn�n. i -- 1 70 1 Leyai Form Rev. 6/25/90 8ud9ei — UCPI. Hisk R9 gr J Form TDC ON Rev. 918190 ----------------------------------- WPI No(s): 4893900 Fund: 019 SAMAS Approp: 140970 Function: 035 SAMAS Obj.: 790056 F.A. No.: N/A Org Code: 551 20000 952 Job No(s): 88000 3839 Contract No.: Vendor No.: 59-6000674-001 _____---__----__= FLORIDA TRANSPORTATION DISADVANTAGED COMMISSION GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 19 . by and between the STATE OF FLORIDA TRANSPORTATION DISADVANTAGED COMMISSION, created pursuant to Chapter 427, F.S., hereinafter called the Commission and Indian River Board of County Commissioners, 1840 25th Street, Vero Beach, Florida 32960 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to function adequately in all areas of appropriate jurisdiction including the accomplishment of the coordination of transportation services provided to the Transportation Disadvantaged; and other responsibilities identified in Chapter 427, F.S. or riles thereof, NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to accomplish the duties and responsibilities of the Official Planning Agency as set forth in Chapter 427, F.S., Rule 41-2, FAC, the 90/91 grant application manual for non -sponsored planning related services as revised on 4/20/90, and as further described in Exhibit(s) A.B.0 attached hereto and by this reference made a part hereof, hereinafter called the Project; and, to provide Commission financial assistance to the Agency and state the terns 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. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. ' • Form'rnC 004 Rev. 8/8/90 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or cant' 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. 230 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary 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 Commission, such data, reports, records, contracts, certifications and other documents relating to the Project as the Commission may require as listed in exhibit "C'. 3.00 Project Cost: The total estimated cost of the Project is $ 34,076.00 This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Agency agrees to bear an expenses in excess of the total estimated cost of the Project and any deficits involved. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, id the Project In the amount of $ 25.556 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) Legislative approval of the Commission's appropriation request in the work program year that the project is scheduled to be committed; i b) The understanding that disbursement of funds will be made in accordance with the Florida Department of Transportation's balanced thirty-six (36) month cash forecast; c) Availability of funds as stated in Article 17.00 of this Agreement; d) Submission of all certifications or other obligating documents and all other terms of this contract; e) Commission 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 (xx) (is not) applicable. If applicable, the Commission may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (xx) (is not) applicable. If applicable, N/A percent of the Commission's total share of participation as shown in Article 4.00 is to be held in retainage to be disbursed, at the Commission's discretion, on or before the completion of the final project audit by the Commission. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Agency shall maintain the Commission approved Project Budget, as set forth in Exhibit "B". 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. The budget may be revised periodically. but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 Fom'mc ow Rev. SM100 of this Agreement and is approved by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Agency shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any significant deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to -facilitate the administration of the financing program, either 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". The Project Account shall be made available upon request by the Commission any time during the period of the Agreement and for three years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. 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 Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission 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 Commission, 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 Commission. 730 Costs Incurred for the Project: The Agency shall charge to thrProject Account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not met the other requirements of this Agreement, 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. Time records shall idendfy the percentage of each employees time which is devoted to Commission funded projects. Records must be kept to show how the value placed on third party transactions was derived. 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, within the agencies existing accounting system. 7.60 Audit Reports: The Agency shall provide for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting the use of the funds of the Commission, the Agency, and those from any other source with respect to the Project. Audits shall be performed in accordance with generally accepted govemment auditing Form TDc 004 Rev. 8/8/00 standards for financial and compliance audits and OMB Circulars A-128 or A-133. The Agency shall requite auditors to determine compliance with Section 12.10, Paragraph 8.26 and Exhibit "A", "Special Considerations by Agency". 7.70 Insurance: The Agency shall cavy insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for any one (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment ate engaged in approved project activities. The Agency shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicles) and equipment including restoring to its then market value or replacement. 7.73 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Agency: In order to obtain any Commission funds, the Agency shall: 8.11 File with the Transportation Disadvantaged Commission, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its requisition on form or forts prescribed by the Commission, and such other data pertaining to the Project Account (as defined in Section 7.10 hereof) and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, including: (1) the date the Agency incurred project costs and equipment or other property associated with the Project; (2) a statement by the Agency certifying that the Agency has acquired said property; and (3) actual consideration paid for said property. • 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this contract to ensurt'the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may elect by notice in writing not to make a payment on the Project Account if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is 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 Required Submittals/Certifications: The Agency shall have taken any action pertaining to the Project which.under this agreement requires submission of a document or certification to the Commission, and said document or certification has not been provided. Farm TDc 004 Rev. 818/90 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein. 8.25 Default: The Agency has been determined by the Commission to be in default under any of the provisions of the Agreement. 8.26 Supplanting of Funds: The Agency has utilized funds to replace or supplant available and appropriate funds for the same purposes, as provided for by Rule 41-2.014, Florida Administrative Code. 8.30 Disallowed Costs: In determining the amount of the financing payment, the Commission will exclude all costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Agency, pursuant to Exhibit "C". 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues ute Project; or if, by reason of any of the events or conditions set forth in Paragraphs 8.21 to 8.26 inclusive, of Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable; infeasible, impossible, or illegal, the Commission may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission 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 Section, the Agency shall proceed promptly to cart' 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 Commission such portion of the financing and any advance payment previously received as is determined by the Commission 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 Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Agency shall not constitute a waiver of any claim which the Commission may otherwise have arising out of 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 Commission 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 Commission'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 at all reasonable times and without notice. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Commission, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Commission Grant Agreement funds, including consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Agency that assures said contract or obligation Form TDC o01 Rev. tt1 M depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Agency and any of its contractors or their sub- contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Agency agrees that no funds shall be used to rent, lease or barter any real property that Is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or Improvement of equipment, shall show that such equipment is equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission 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 Commission of any payment to the Agency constitute or be construed' as a waiver by the Commission 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 Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: if any provision of this Agreement is held invalid, the provision shall be severable and 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 Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Agency may proceed as soon as possible with the Project. 14.70 Maintenance of Purchased Equipment: The Agency agrees to maintain the purchased Project equipment in good working order for the useful life of said equipment. The Agency agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project equipment is not allowed unless approved in writing by the Commission. 14.71 Utilization: The Agency agrees to assure that all Project equipment, whether leased or.purchased, is utilized to meet the identified transportation needs of the non -sponsored and in support of the service plan established under the provisions of Rule 41-2, FAC to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment shall be operated to its maximum possible efficiency. Purchased equipment will be used for the period of the useful life of such equipment in accordance with the most current Commission policies. The Commission may, after consultation with the Agency, relocate purchased equipment that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement Rem TDc oo4 Rev. 88190 Of any equity or interest of the Agency will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Agency's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize equipment which is leased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. 14.80 Disposal of Purchased Project Equipment: The Agency will request written Commission approval prior to disposing of any purchased Project equipment during its useful life, for any purpose. Proceeds from the sale of Purchased project equipment shall be documented in the project file(s) by the Agency. With the concurrence of the Commission, these proceeds may be re -invested for any purpose which expands transportation disadvantaged services for the non -sponsored. If the Agency does not elect to follow the process specified above, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original.purchase. 14.90 Property of the Project: The purchase of all Project vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Agency on behalf of the.Florida Transportation Disadvantaged Commission in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Agency, subject to lien in favor of the Commission. The Commission will relinquish all interest in the Project vehicles and equipment when it has reached the.end of its useful life and the vehicles or equipment are taken out of service. At this time the Commission will satisfy its lien of record provided that the proceeds from disposal are put back into providing expanded transportation disadvantaged services for the non - sponsored. 15.00 Plans and Specifications: In the event that this contract involves the purchasing of capital equipment or major components thereof, the Agency shall submit to the Commission, certification that all equipment meets or exceed the requirements as identified in Exhibit "A". Said certification shall accompany the Agency's reimbursement invoice for the subject equipment, if applicable. Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Commission and the State of Florida Department of Transportation and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any natuYe whatsoever arising out of, because of. or due to breach of the agreement by the Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency. its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or insulting from the sole negligence of the Commission or the State of Florida Department of Transportation or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28 F. S. or any similar provision of law. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes: the provisions of Chapter 339.135(7)(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 expenditure during such fiscal year. Any contract, verbal or written, made in violation of this Form TDC 000 Rev. smM subsection shall be 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 one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year." 18.00 Expiration of Contract: The Agency agrees to cbmplete the Project on or before _June 30. 1991 _• If the Agency does not complete the Project within this time period, this contract will expire unless an extension of the time period is granted to the Agency in writing by the Chairperson of the Transportation Disadvantaged Commission. Expiration of this contract will be considered termination of the Project and the procedure established in Article 9.00 of this contract shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commissionno later than 90 days after the expiration date of this contract. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to*and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This contract 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 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the agency or its contractors to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 and made or received in conjunction with this contract. . 22.00 Sponsorship Identification: The Agency shall, in publicizing, advertising, or describing the sponsorship of the Program, state: "Sponsored by name of agency and the State of Fl6rida Transportation Disadvantaged Commission ". If the sponsorship reference is in written material, the words "State of Florida Transportation Disadvantaged Commission" shall appear in the same size letters or type as the name of the agency. Vehicles and equipment purchased in whole or in part with Commission funds shall display the same. Vehicles shall be marked on the rear and both sides. 23.00 Bills for Fees: Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 24.00 Travel Expenses: Bills for any travel expenses shall be submitted in accordance with sl 12.061. The Commission may establish rates lower than the maximum provided in s.112.061. Pone TDC 004 - Rev. 8/8190 WPI NO(S). 4893900 JOB NO(S). 88000 3839 CONTRACT NO._ ' AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Indian River Board of County Commissioners BY• Camlyn K. Eggert TITLE • ehai renin ATTEST: (SEAL) TITLE: InaionBiwa Cn I Approved Dale Admin jo 3o-ry Legal D d, 2 f' 94 Budget F? r Risk CHAIRPERSON OR DESIGNEE TRANSPORTATION DISADVANTAGED . COMMISSION ATTEST (SEAL) EXECUTIVE SECRETARY OR NOTARY APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Form TDC 004 Rev. 8/8190 was executed in accordance with the procurement requirements of Chapter 287, F.S. or Chapter 427, F.S. Said certification shall be in conformance with a Commission approved format. Failure to provide such certification shall be sufficient cause for nonpayment by the Commission as provided in paragraph 8.23. 12.11 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with an Agency, where said project involves a consultant contract for any services, is contingent on the Agency complying in full with provisions of Section 287.055, F.S. Consultants Competitive Negotiation Act. The Agency shall certify compliance with this law in accordance with Section 12.10 of this Agreement , 12.12 Competitive Procurement: Procurement of all services or commodities shall comply with the provisions of Chapter 287.057, F.S. with the exception of passenger transportation services which are acquired via Rule 41-2 Florida Administrative Code. The Agency shall certify compliance with this law in accordance with Section 12.10 of this Agreement. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equai 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, disability, creed, color, sex or national origin. The Agency will take affirmative action to ensure•that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, 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 of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall inquire all such , contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Agency shall post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Commission setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors 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 or the locality during his tenum.or for one year 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 Commission, 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 or the locality relating to such contract, subcontract, or arangement. 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 or of the locality during his tenure or for one year 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 Form 7U(. 004 Rev. 8/8140 WPI NO(S). 4893900 JOB NO(S). 88000 3839 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES PLANNING This exhibit forms an• integral part of that Grant Agreement, dated ,19� between the State of Florida, Transportation Disadvantaged Commission and Indian River Board of County Commissioners PROJECT LOCATION: Indian River County PROJECT DESCRIPTION: This project provides for the accomplishment of the dudes and responsibilities of the Official Planning Agency as set forth in Chapter 427, F.S., Rule 41-2, FAC, the most current Commission Policies and the Grant Application Manual for non -sponsored planning related services as revised on 4/20/90. The project period will begin on the date of this agreement and will end on June 3.0. 1991 SPECIAL CONSIDERATIONS BY AGENCY: SPECIAL CONSIDERATIONS BY COMMISSION: WPI NO. 49'7 39oO JOB NO. EXHIBIT "B" PROJECT BUDGET AND CASHFLOW — This exhibit forms an integral part of that certain Grant Agreement between the Florida Transportation Disadvantaged Commission and Indian River Board of County Commissioners dated L PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, F.S., Rule 41-2. FAC. the most current Commission policies and the approved grant application. $34,076 TOTAL: $34,076 H. SOURCE OF FUNDS Transportadon Disadvantaged Commission State Funds (75%) $25.556 Local Cash $4,260 In-kind $ 4,260 Total Project Cost $34,076 M. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ($ x 1000) Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun FY90191 2.839 2.839 2.839 2.839 2.839 2.839 2.839 2.839 2.844 Form TDc 004 Rev. SA/90 EXHIBIT "C" PLANNING WPI NO(S). 4893900 JOB NO(S). 88000 3839 CONTRACT NO This exhibit forms an integral part of that certain Grant Agreement between the Florida Transportation Disadvantaged Commission and Indian River Board of County Commissioners dated THE AGENCY SHALL SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS . (a) Progress reports will be submitted quarterly. Finished products such as: approved Coordinating Board minutes; by-laws; grievance procedure and actions taken; Coordinating Board annual report; vehicle inventory and utilization plan; consolidated estimate of Federal and Local government transportation disadvantaged funds; and the Coordinated Transportation Development Plan which includes a transportation improvement plan; as they are completed. Said progress reports and finished products are required to accompany all reimbursement invoices. (b) An audit report, based on the agency's records, in accordance with Section 7.60 of this Agreement. (c) All reimbursement invoices shall be submitted in a format which itemizes all eligible costs according to its respective account category, on a county by county basis. CERTIFICATIONS (a) Composition of the Local Coordinating Board on a Commission approved form with said certification to accompany the first reimbursement invoice. (b) Certification of procurement compliance pursuant to Section 12.10 of this Agreement. This certification must accompany the reimbursement invoice for which services are being billed. (c) Certification that Project funds are not being used to supplant or replace the funding of transportation disadvantaged services which are currently funded to the Agency by any Federal, State or Local Government agency. Said certification shall accompany the first reimbursement invoice. THIRD PARTY CONTRACTS: The Agency must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted in accordance with ss 287.055 and 287.057, F.S. for. 1. Contracts furnishing contractual services or commodities from a valid state or inter -governmental contract. 2. Contracts furnishing contractual services or commodities less than $3,500. 3. Contracts for consultant services, less than $6,500. 1 10/29/90(WCORD2)LEGAL(WGC/nhm) r x t RESOLUTION NO. 90- 169A t A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE PAYMENT OF DEPOSITORY TRANSFER CHECKS. WHEREAS, on September 21, 1983 the Board of County Commissioners approved Resolution No. 83-72, authorizing the Chairman of the Board to execute applications for an account at the Southeast Bank, N.A. thereby establishing an account entitled The Gulf Life Health Insurance Reserve Trust for Indian River County for the purpose of maintaining a balance required to be maintained by the County's insurance policy with the Gulf Life Company under the ASO plus provisions; WHEREAS, Gulf Life Insurance Company became Anthem Life Insurance Company on October 1, 1990 and Indian River County's contract with the firm reflects that change; NOW, THEREFORE, BE IT RESOLVED by the Board of Coenty Commissioners of Indian River County.. Florida, that for the purpose of transferring funds to the NCNB, Texas National Bank, to reimburse Anthem Life _Insurance Compal for claim checks cleared on the Company's behalf, a Depository Transfer Check being by its wording payable to the order of Anthem_ Life _Insurance Company and drawn on Southeast Bank, N.A. Transit No. 067006610 and Account No. 107-452971 at Vero Beach, Florida, be hereby authorized and such Depository Transfer Checks shall require no signature. BE IT FURTHER RESOLVED that the Board_ of County Commissioners of Indian River County, _ Florida may conclusively assume, prior to receipt of a certified copy of resolutions revoking or amending these resolutions, that any such no signature Depository Transfer Checks have been executed and delivered as a proper corporate act of Anthem Life Insurance—Company and duly authorized pursuant to these resolutions. 1 by Commissioner Scurlock and seconded by Commissioner Bowman and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Ave Vice Chairman Richard N. Bird Aye Commissioner Margaret C. BowmanAMP -�-_ Commissioner Don C. Scurlock, Jr. AMP CommissionerCary C. Wheeler ayp The Chairman thereupon declared the resolution duly passed and adopted this 6_ day of 1990. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By faro yn. gger a rman PA indign Ran cn Avoroved Date Admin. fG o-30-9 Legal (��.�, /D',1O•p� Budge) DCpl. Risk Mgr.