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PUBLIC TRANSPORTATION PURUCTRAMP AMAIN
JOINT PARTICIPATION AGREEMENT �` �'
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ITEM-SEGMiLTNT-PfiAs@-SEQUENCI 1 Fund:_014 Fonction ¢8(1 SAM,AS Apprap:1188775 --
_��S�Sq i -8A-61 t edaral No: NlaSAMtAS 0bj.:
Contract No: Catalog of Federal �amcslic Assistance Org Codc:?514'g
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THIS AGREEMENT, made and entered into this day of , 1999
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 RIYE-RCQU 4TY BOARD 0C]MMIS5IONERS_
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 die authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under
ctiom341 , Florida Statutes, to enter into this Agreement-,
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.000 Purpose or Agreamrit: 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,
and as further described in Exhibit(s) attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance w 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:
2.14 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
manner, and in accordance with the provisions herein, and all applicable laws..
2,20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: "Ile 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 or 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 SMSA I3fi t70 This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4,00 Department Participation: The Department agrees to maximum participation, including contingencies, in the
project in the amount of S 221 as detailed in Exhibit "13% or in an amount equal
to the percentage(s) of total project cast shown an Exhibit "B", whichever is less.
4.10 Project Cost ElWbillty: Project costs eligible for State participation will be allowed only from the effective date
of this Agreement. It is understood that state participation in eligible project costs is subject to;
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, 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 (4o) (is not) applicable. If applicable, the 'Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph
4.00.
5.00 Retainage: Retainage (4L3 (is not) applicable. if applicable,.—pereent of the Department's total share
of participation as shown in paragraph 4.00 is to he 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 Depammem. The
Agency shall maintain said budget, carry out the project and shall incur obligations against and make rtishursemeu's of project
funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective
unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the
Department Comptroller,
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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 (Late of the agreement. Payment will be made for actual costs
incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for lite project, in
conformity with requirements established by Department's program guideiineslprocedures and "Principles for State and Local
Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such
accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made
available to the Department upon request any time during the period of the Agreement and for three years after final payment
is made.
7.20 Funds Received Or Made Availnble for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments
received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise
received on account of the project, which Department payments and other funds are herein collectively referred to as "project
funds", The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of
the amounts insured under federal pians, or under State plans which have been approved for the deposit of project funds by
the Department, by the deposit or stating aside of collateral of the types and in the manner as prescribed by State Law for die
security of public funds, or as approved by the Department,
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
71,40 Documentation or Project Costs: All costs charged to the project, including any approved services contributed
by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with reSNCL to any 'stem 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 die extent feasible, kept separate and apart from all other such documents.
7,60 Audit Reports:
All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) tide and number,
award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with
the Financial Project Number (FPN) and contract number.
Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules
of the Auditor General.
For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted
within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end Rf the subrecipient's
(Agency's) fiscal year. The date the audit report was delivered to the subreciplent (Agency) must be indicated by the
subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection
form.
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4. The Agency shall follow up and tape corrective action on audit findings. A-133 further requires the preparation of a
summary schedule of prior audit findings and a corrective action plan for current year audit findings,
5. Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved.
Reports of audits conducted in accordance with OMB Circular A -i 33, and corresponding data collection forms shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 Fast IN Street
Jefferson, IN 47132
and the District Public Transportation office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the
Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation office identified in paragraph g.10 of this agreement.
7.74 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,
the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost
equipment or facility.
In the event this Agreement is for purchase of land or for the construction,of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8,00 Requisition.% and Payments:
8.10 Action by the Agency: In order to 'Obtain any Department funds, the Agency shall file with the Department is
Transportation, District EOUL Public Transportation office
Flo ri da, 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 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13 For real property acquired, submit;
(l) the date the Agency acquired the real property,
Agency certifying that the Age
(2) a statement by the ncy has acquired said real property, and actual
consideration paid for real property.
(3) a statement by the Agency certifying that the appr;.isal and acquisition of the real property g
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with any attendant relocation of Occupants was accomplished in compliance with all federal laws, rules
and procedures required by any federal oversight agency and with all state laws, rules and procedures
that may apply to the Agency acquiring the real property.
Subject to other provisions hereof, the oepartment will honor such requisitions
8.20 The Department's f7bddgatiunss to
in amounts and at tines deemedbythe Department o be inion proper this Agreement the Department ure the carrying out of �n may elect by notice in writing
eligible costs, However, notwtthstandr g y
not to make a payment an the project if:
8.21 Hlisrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or wish respect to any document or data furnished
therewith or pursuant hereto;
is then pending litigation with respect to the performance by the Agency of any
8,22 Litigation; There
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project,
$,23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under obligations
without having been advised approval
lsof ft DepartmeDepartment thaor ha aredapprovede related �X�ndrtures or incurred related
8,24 Conflict of Interests, There has been any violation of the conflict of interest provisions contained
herein; or
8,25 'Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8,26 Federal Participation (if Applicable). Any federal agency providing federal financial or serminceatin
to
the project suspends or terminates federal financial assistance to the project. In the event of suspension
o£ federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8,30 Disallowed Costs: In detei-mining die amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement, casts 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 Department.
8.40 lisaymerit offset; If, after project completion, any ciadm 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
h the, Agency owing such
work amount
services deme under anymen public
amountriss not trade wiithinparticipation
sixty (60) days to thewhich
Departm Department, offsetting amounts shall
amaurst if, upon demand, payment
not be considered a breach of contract by the Department.
9,00 Termination or suspension of Project:
9.10 'Termination or suspension Generally, If the Agency abandons or, before completion, finally discontinues the
project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other
or timely completion of the project by the Agency is rendered in,nrobable, infeasible,
reason, the commencement, prosecution'
written notice to the Agency, suspend any or all of its obligations under this
impossible, or illegal, she Department will, by
Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the
Department may terminate any or all of its obligations under this Agreement.
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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 is to be computed; (2) furnish a statement of the project activities and contracts,
and other undertakings the cost of which are otherwise includable: as project costs; and (3) remit to the Department such
portion of the financing and any advance payment previously received as is determined by the Department to be due
under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest
schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the
Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The
approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not
constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency
shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and inspection: The Agency shall permit, and shall require its contractors to permit, the. Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreement -s: 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,
11,70 Compliance with Consultants' Competitive Negotiutitm Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287,
Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the
Department in the Consultant selection Process for all contracts, In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
12.30 Disadvantaged Bushes 13nterprise (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 participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 23,
as amended, apply to this Agreement..
12.32 DBE Obligation: 17he 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 Agreement. 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
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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 affirmative action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, age, creed, color, sex, or national origin. Such action shall 'include, but not be limited to, the
following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
development or operation of the project, except contracts for 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 Act or 1964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Bights 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 V111- Civil Rights Act or 1968: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968, 42 USC 3601,et
seq,, which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex,
disability and familial status.
13,40 Americans with Disabilities Act or 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 die assurance by the Agency pursuant thereto.
13,50 Prohibited InterLstst Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the
project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any
interest, direct or indirect. if any such present or former member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present
member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or
arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following
provision:
"No member, officer, or employee of the Agency daring 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 depositaries, 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 Delet;atuS to, Conbress: Nn mernhatr or delegate to the Culigress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
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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 earned out in conformance with all applicable environmental regulations including the securing
of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with
applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for
any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall
exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: if any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14,50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
14.60 Stale or Territorial Uw: Nothing in the Agreement shall require the Agency to observe or enforce compliance
with any provision thereof, perform any other actor do any other cling in contravention of any applicable State law: Provided,
that if any of tete provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department
In writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that
the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance or Project Facilities and Equipment: The Agency agrees Hutt the project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The
Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities
or equipment.
14,71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 Crit Part ig, when applicable.
14,80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit
to the Department a proportional amount of the proceeds from etre disposal of the facility or equipment. Said proportional
amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this
Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless
the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising
out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the
Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss,
damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its
officers, agents, or employees during the performance of the Agreement.
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The parties recognize and accept the funding restrictions set Barth in Section 339.135(6)(x), and Section 129.07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) The Department during any fiscal year shall not expend [Honey, 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 viol`ition of this subsection is null and void, and no money
may be paid on such contract. The Department shall require a statement from the Comptroller of the. Department that
funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one (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. Section
339.135(6)(a), Florida Statutes.
(b) it is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year
more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total
appropriations of any budget be exceeded, except as provided in s, 129.06, and any indebtedness contracted for any
purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is
chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this
state for the collection of same, and members of die Board of County Commissioners voting for and contracting for
such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so
contracted for. Section 129.07, Florida Statutes.
When either party receives a notice of claim for damages that may have been caused by the other party in the
performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each
party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim.
15.00 Plans and Spec9fcutiony: In the event that this Agreement involves the purchasing of capital equipment or the
constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and
specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written
approval with any approved portions of the project and comments or recommendations concerning any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the 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.
17.20 Multi-year Corntltilrttent: In the event this Agreement is in excess of $25,000 and has a term for a period of
more than one year, the provisions of Chapter 339.135(6)(x), Florida Statutes, are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the
expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The
Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of c^ntracts for periods-
exceeding
eriodsexceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years; and this paragraph shall be: incorporated verbatim in all contracts of the Department
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which are for an amount in excess of 25,000 dollars and which have a term for a period of more than I year."
3$.00 Expiration of Agreement: The Agency agrees to complete the project on or before
d zn a[x{{ . 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,
DistrictFri syr _:� . 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.
1s.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 Formal: 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. A11 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 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf
of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, die 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, ssbgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
21,20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working clays to inspect
and approve the goods and services unless the hid specifications, purchase order or contract specifies Otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined
by rule. 'Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests pay-ent. 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.
G&
FORM n5430'05
VU BUC TRANS P AD5,08
M99
Pate 11a 12
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely paynient(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the state Comptroller's Hotline, 1-800-
849-3792.
23.00 'Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a ,public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the elate of being placed on the convicted vendor
list."
40
C]
FO RN1 M0.'006
PUBLIC TRAN5P ADMIN
W99
Cage I: .1 12
WPI NO.
FM NO.
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 COUNTY HOARD OF
COUN Mi NER
BY
"Kenneth R. Macht
Chairman
A'I"T r �— a ,>
J.K. BARTON
TITLE: CLERK CIRCUIT COURT
MOT
Ste attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL APPROVAL
DEPARTMENT OF TRANspoRTATION
DEPARTMENT OF TRANSPORTATION
TrTLE
A'TrEsT.. (SEAL)
EXECUTIVE SECRETARY OR NOTARY
RECYLED PAPER Q
40
WPI NO. 48 SS
FM NO. -
CONTRACT NO.
EXIiIBIT "A"
PROJECT DISCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and
dated
PROJECT LOCATION:
Indian River County, Florida
PROJECT DESCRIPTION:
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.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.617 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
Mry 147
•
WPI NO. 48 5800
FM NO. 23 254,-84-61
CONTRACT NO.
EXHIBIT "I1"
PROTECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and �rh� rwnTaN 12TW1 R ['OIINTY BOARD
dated
1. PROJECT COST:
Transit Operating Expenses
TOTAL PROJECT COST:
IL PARTICIPATION:
Maximum Federal Participation
FTA, I=AA
Agency Participation
In -Kind
Cash/In-Kind
Other
$454,135.00
$454,136.00
( %) or $
(
50%) $227,068.00
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) ( 50% ) or $227,068.00
Federal Reimbursable (DU)(FRA)(DFTA)( %v) or $
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST bc+Jv, iay.vw
suyIm
•
WPI NO., 4UI%M1
FM NO-23525-4-13-4-al--
CONTRACT
O..2352541 —
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 INDiAt±i_Rl`J} R COLtNTY �3O RA i] OF
CQUN v r n�rarreerntrru
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, lxchLdigg any
depreciation or amortization of capital assets.
Block grant funds shall not exceed local revenue during the term of this agreement.
(Local revenue is defined as the sun, of money received from local government entities to
assist in paying transit operation costs, including tax funds, and revenue earned from fare
box receipts, charter service, contract service, express service and non - transportation
activities.)
Block grant funds shall not supplant local tax revenues made available for operations in the year
immediately preceding this agreement.
State participation in eligible public transit operating costs may not exceed fifty (50) percent of
such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising
revenue and federal funds, received by the provider for operating costs, whichever amount is less.
MAY IW7
40
The Agency shall require the independent auditor, retained to perform the audit as required by the
Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not
exceed local revenue... funds shall not be expended for depreciation or amortization of capital
asseM..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 Flan (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.
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
TDF shall present an analysis of any variation between the need identified and the service
provided and present alternative methods of addressing any deficiencies (and the costs and
benefits of each.) The process for selecting an alternative method implementation shall
MAY 1997
40
include an opportunity for public participation.
4. The TDP shall present a five year program for implementing the alternative selected. The
five year program shall include: maps indicating areas served and the type and level of
service to be provided, a monitoring program to track performance measures, a five year
financial plan listing operating and capital expenses and anticipated revenues by source,
and, a list of projects or services for which funding has not been identified. The last three
years of the program may be presented wit less detail than the first tow years.
5. The TDP shall not be in conflict with the approved local government comprehensive plan
and the comprehensive (long range) transportation plan.
6. The TDP is to be reviewed, revised as necessary, and adopted annually and submitted to
the Department by July I of each year. The annual review and revision may be limited
to refinements and extensions of the five year program. Major updates, to be completed
every third year, shall include all elements of a TDP as defined herein.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
,—X_ Bus Transit System In accordance with Florida Statute 341.061, and Rule Chapter 14-90,
Florida Administrative Code, the Agency shall submit, and the Department shall have on
file, an annual safety certification that the Agency has adopted and is complying with its
adopted System. Safety Program Plan pursuant to Mule 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.
FF ad Qui_ deway 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.
O(her items may be added as required,.
May 1997
U--]
11
RESOLUTION NO. 9 9 -13 2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
I\DIAN RIFER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, funding under the Florida Public Transit Block Grant Program may be used
as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and
WHEREAS, Indian River County intends to submit an FY 1999100 application for funding
assistance under 49 USC Section 5307, with the required funding match to come from local funds
and an FY 1999/00 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 1514; and
WHEREAS, the Florida Department of Transportation provides Public Transit Block Grant
funds to Indian River County to assist in the continuance and expansion of local public
transportation services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:.
1. That the Chairman of the Indian River County Board of County Cotntnimioners is authorized
to execute a public transportation Joint Participation Agreement with the Florida Department
of Transportation to obtain FY 1999/00 Florida Public Transit Block Grant funding to be
used as a partial match for operating assistance as part of the County's FY 1999/00 49 USC
Ch. 53, Section 5307 ,grant application.
2. That the Indian River County Community Development Director is authorized to famish
such additional information as the Florida [Department of Transportation may require in
connection with the County's FY 1999/00 Public Transit Block Grant.
THIS RESOLUTION was moved for adoption by G i nn , and the
motion was seconded by Stanbridge , and, upon being put to a vote, the vote was
as follows:
ATTAQ=ff
M
Chairman Kenneth R. Macht
Aye
Vice -Chairman Fran B. Adams
Absent
Commissioner Caroline D. GinnAQP
_.
Commissioner Ruth Stanbridge
Aye
Commissioner John W. Tippin
Ay
The Chairperson thereupon declared the resolution duly passed and adopted thiJ 4th day of
December , 1999.
ATTEST:
effrey K. Barto , e
State of Florida
County of Indian River
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVE it7E1CVTY, F1 RiDA
By: L� .,.
nneth R, Macht, Chairman
Board of County Commissioners
M
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personafllx,aa e i Y�t 1 R. MACH [', as Chairman
of the Board of County Commissioners, and , as Deputy Clerk. to
me known to be the persons described in and who executed the foregoing instrument and dict'
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this .14 t h
day of December IA.D.,1999.
f LSE�SVACyPi�yl'
Kimberi E. Mouung
i; MYCOMMMION 0 CCM06 EXPIRES
101 15.2003
WNUO IHW TROY FNM lwstj9F EINC
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