Res 23-12RESOLUTION NO. 23 -12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE
DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE
AND /OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN
THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Delray Beach Florida desires to approve the Joint Participation Agreement
with the State of Florida Department of Transportation to provide service development funding to the City of
Delray Beach to enhance and /or expand the downtown trolley services located within the City of Delray
Beach.
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That the recitals set forth are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Joint
Participation Agreement, related to Financial Project No. 427853- 1- 84 -01, between the City and the Florida
Department of Transportation and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the 156` dap o 2.
0
MAYO
ATTEST--q
ity Clerk
EITY OF
DELRRY BEREH
DELRAY BEACH
11 ;
All-America City
I
001
CERTIFICATION
I, LANELDA D. GASKINS, CMC, Deputy City Clerk of the City of
Delray Beach, do hereby certify that the attached document is a true and
correct copy of Resolution No. 23 -12, as the same was passed and adopted
by the Delray Beach City Commission in regular session on the 15th day of
May 2012.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 21st day of May
2012.
i
Lanelda D. Gaskins, 6MC
Deputy City Clerk
City of Delray Beach, Florida
(SEAL)
SERVICE " PERFORMANCE - INTEGRITY - RESPONSIBLE ° INNOVATIVE - TEAMWORK
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725- 030 -06
PUBLIC TRANSPORTATION Pu6ucTRANSaoRrgTloN
6f11
JOINT PARTICIPATION AGREEMENT
Financial Project No.:
Fund:
DPTO
FLAIR Approp.: 088774
427853- 1 -84 -01
Function:
680
FLAIR Obj.: 750013
(item- segment- phase- sequence)
Federal No.:
NIA
Org. Code: 55042010429
Contract No.: A—gW3 �;L
DUNS No.:
80- 939 -7102
Vendor No.: F59600030802
CFDA Number: NIA
CSFA Number:
55.013
vl�
THIS AGREEMENT, made and entered into this 2 2 day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Delray Beach
434 S. Swinton Avenue Delray Beach FL 33444
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 05129/2015 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
W [ T N E S S E T H :
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas
within the City of Delray Beach.
and as further described in Exhibit(s)_ A, B, C, D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuantto Federal, State, and Loca[ Law. to the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30'Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion} of the project.
2A0 Submission of Proceedings, Contracts and Other Documents_ The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 198.515.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement_ The Agency agrees to bear all expenses in excess of the total estimated Cost of the project and any deficits
involved.
4.00 Department Participaifon, The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 198,515.00 as detailed in Exhibit "B ", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B ", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement- It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 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 ❑ is B 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 : Retairiage ❑ is Q is not applicable. If applicable, 0 percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. .
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement Paymenl 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 E=stalatishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines /procedures and "Principles for State and
Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the.Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the-purpose far which such check or order is drawn. Alt checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clear #y identfed, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents_
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedureslprocesses deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official_
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in aocorclance with OMB Circular A-1 33 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visit$ by
Department staff, limited scope audits as defined by OMB Circular A -133, and /or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOTs
Office of inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non -profit organizations as defined in aMB
Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised.
Exhibit 'D° to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Gircular A -133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133_
3. If the recipient expends less than the amount in Part I, Paragraph 1_, an audit conducted in accordance with the
provisions of OMB Circular A -133, is not required_ If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part 11 State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply-
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profrt organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes_ This includes submission of a financial
reporting package as defined by Section 215,97(2)(9), Florida Statutes, and Chapter 10.550 (local governmental entities)
or I 165 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1 _, such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipienfs resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) titie and number,
award number and year, and name of the state agency awarding it.
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Part Ill Other Audit Requirements
1. The Agency shall follow -up and take corrective action or audit findings. Preparation of a,summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit
findings require corrective action and status of findings.
2_ Records related to unresolved audit findings, appeais, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit wor' papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official-
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB CircularA-133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard , Fort Lauderdale
Florida, 33309
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 l=ast 10th Street
Jeffersonville, IN 47132
C_, Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular
A --133.
2_ 1 n the event that a copy of the reporting package for an audit required by Section 7.82 Part I of this Agreement and
conducted in accordance with OMB Circular A -133 is not required to be submitted to the Departm ent for reasons
pursuant to section .320 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
3400 West Commercial Boulevard , Fort Lauderdale
Florida, 33309
In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor, to the Departmental each of the following addresses:
3400 West Commercial Boulevard , Fort Lauderdale
Florida, 33309
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3. Copies of financial reporting packages required by Section 7.62 Part 11 of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard, Fort Lauderdale
Florida, 33309
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -"1450
4. Copies of reports or the management letter required by Section 7.52 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard, Fort Lauderdale.
Florida, 33309
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB CircularA -133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
Genera[, .as applicable.
6. Recipients, when submittiizg financial reporting packages to the Department for audits done in accordance with OMB
Circular A -133 or Chapters 14.550 (local governmental entities) or 10.654 (nonprofit and for - profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention. The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred
include the Participant's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project,. and a[I other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit Endings or a statement describing the reasons that corrective action is not necessary_ The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.65 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.
8.00 Requisitions and Payments:
_ 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale . FL,
33309 -3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.91 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, F.B.
5.93 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration, paid for real property_
(c) -a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with ail state
laws, rules and procedures that may apply to the Agency acquiring the real property
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.29 (Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto_ or amendment thereof, or in or with respect to any document or data furnished therewith. or
pursuant hereto;
8.22 Litigation. There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency, has been determined by the Department to be in default under any of the
provisions of the Agreement_
8.25 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including -any and all
federal financial assistance as detailed in Exhibit "B_"
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
or services received under a contract or other arrangements which have not been approved in writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability_
8.40 Payment Offs_ et. It, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (50) days to the Department
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.25 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project bythe Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to 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) fumish 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 othenuise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F-S_ 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 al€ work, materials, payrolls, records; and to audit the books; records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except aS otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. Tho Department speoifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S_, 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 Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.37 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform 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.
The recipient shall not discriminate on the basis of race, color; national origin, or sex in the award and performance of any
DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26_ The recipient
shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved
by DOT, is incorporated by reference in this agreement implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U_S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C_ 38D 11 of seq.)
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and tabor Provisions:
13.10 Equal Employment Opportunity; In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, .age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, oonstrUction,
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 Vl - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, of. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title Vill - Civil Rights Act of 1868: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title Vlli of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
Page 9 of A
725-03006
PUBLJ C "RANSPOR7ATION
6711
13.40 Americans with Disabilities Act of 1990 (AbA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the, requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited interests: The Agency shall not enter into a contract or arrangement in connection with the project
or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an
officer, partner, director. or proprietor or in which such officer, director or employee or the officers, directo's or employee's
spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall] be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.16 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
1430 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 Departmentwith
respect to such breach or default.
14.40 [low 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.
14.30 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
Pere 10 of 14
726-MI36
PUBLIC TRANSPORTATION
6111
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment_
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 1S, 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 CF Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by. the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section_ The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluatiori, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15-00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review alt 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
8.23.
18.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
. 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.
Page 11 of 14
-�
PUBIJC TRANSpORiA'{laN "--
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17.20 Multi -Year Commitment: in the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract; verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding comm "tment of funds. Not -hing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to he rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
05/29120/5 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid_
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal. The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for infiuencing 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 shalt require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and .cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying .the Legislature or a state
agency.
Page 12 of 14
725030 -06
PU3UG 7RANSPORTAMON
6111
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 Depart-rent has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved_
If a payment is not available within 4D days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financal Services. Ttie duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of
Financial Services Hotline, 877 -693 -5236.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may riot 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 forthe construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017. F.S, for CATEGORY TWO for a period of 38
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
25.00 E- Verify:
Vendors/Contractors:
1. shall utilize the U.S: Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the Vend orlContractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuantto the state contract
to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
page 13 of 14
72!+930.06
PUBLIC TRAWSPORTA71ON
6 11
Financial Project No. 427858 -1 -84-01
Contract No. AQ Sa
Agreement Date - Z2/12
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Delray Beach
AGENCY NAME
FOOT
see attached Encumbrance Fgrm for date of Funding
Approv 'by Comptroller 2
LEGAL REVIEW.
€3EPARTiJIE OF TRANSPORTAT €ON {
DEPAR NT OF TRANS RTATION
District Director of Transportation Development
TITLE
Apptoved as tO t6fi
legal sufficiency
pity Att����y
Page 14 of 14
Financial Project No. 427,8153 - 1-84-01
Contract No. IV S D-
Agreement Date - 2-2-112—
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Delray Beach
434 S. Swinton Avenue Delray Beach FL 33444
referenced by the above Financial Project Number.
PROJECT LOCATION:
Palm Beach County, Florida
PROJECT DESCRIPTION:
Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the
City of Delray Beach.
SPECIAL CONSIDERATIONS BY AGENCY,
The audit report(s) required in paragraph 7.50 of the Agreement shall include a schedule of project assistance that will reflect
the Departments contract number, Financial Project Number and the Federal Identification number, where applicable, and
the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project
1.) Please submit quarterly reports through TransCIP.
2.) Please send an invoice every three months.
3.) Upload any route data, maps, ridership logs into TranSCIP under the appropriate project number.
4.) On -site visits may be required by District FOOT project manager.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Page 1 cf 9
Financial Project No. 4278�5,3t -1 -04-01
Contract No_ 1V Q-
Agreement Date 5 .Z 2— I Z,
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Cily of Delray Beach
434 S Swinton Avenue Delray Beach, FL 33444
referenced by the above Financial Project Number.
I. PROJECT COST:
$198,515.00
TOTAL PROJECT COST:
$198,515.00
11, PARTICIPATION_
Maximum Federal Participation
( %)
or
$
Agency Participation
1n -Kind
( %)
or
$
Cash
( %)
or
$
Other
( %)
or
$
Maximum Department Participation,
Primary
DPTO/DS
( 100 %)
or
$
19$,515.00
Federal Reimbursable
( %)
or
$
Local Reimbursable
( %)
or
$
TOTAL PROJECT COST:
$138515.00
Page 1 of 1
Financial Project No_ 427853- 1 -84 -01
Contract No.
Agreement Date Z 112—
EXHIBIT "C"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Delray Beach
434 S_ Swinton Avenue Delray Beach, FL 33444
referenced by the above Financial Project Number_
Reference statutes as applicable.
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 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 and Security Program Plan pursuant to Rule Chapter
14 -90 and has performed annual safety inspections of all buses operated.
Fixed Guideway Transportation 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 1455.
_ Fixed Guideway Transportation 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
Page 1 of 1
Financial Project No. 427853 -1 -84-01
Contract No. o)—
Agreement Date 2 Z/ 12—
EXHIBIT -1)"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded, Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program-in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc...)
NOTE. Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, ruie, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance Number & Title Amount
FDOT -D4 55.013 $198 515
Compliance Requirements
Authorization: Chapter 341, Florida Statutes
Objectives: To fund cost effective methods of relieving congestion and improving capacity within a transit corridor.
Types Of Assistance: Grants
Appiicant Type: Local Government
Restrictions: Department. participation shall be based on documentation by the Department that the pro }ect is the most
cost- effective method of relieving congestion and improving capacity within the identified corridor. As funding allows, this
program will consider improvements on facilities designed to prevent them from becoming constrained.
Matching Resources for Federal Programs
Federal Agency Cataiog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about f=ederal Programs and State Projects included in this exhibit be provided to the recipient.
Page 1 of 1
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Director
THROUGH: David T. Harden, City Manager
DATE: May 7, 2012
SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 15, 2012
RESOLUTION NO.23- 12 /JPA/FDOT
ITEM BEFORE COMMISSION
Page 1 of 1
Request adoption and authorization for the Mayor to execute Resolution No. 23 -12; and approval of a
Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for 100%
reimbursement of costs related to the operation of Delray Beach's free shuttle service. Total project cost
is estimated at $198,515. Project #12 -064.
BACKGROUND
The City was awarded a 100% grant from the FDOT. This grant will fund operational costs of the
Delray Beach free shuttle. At the current cost of $38.50 per hour, this grant will provide 5,156 hours of
service to the public. Total cost of the JPA is $198,515 earmarked for operational expenses (drivers and
vehicle maintenance).
RECOMMENDATION
Staff recommends approval.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5592 &MeetinglD =377 5/21/2012
RESOLUTION NO. 23-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA APPROVING A JOINT
PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE
DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO
ENHANCE AND /OR EXPAND THE DOWNTOWN TROLLEY
SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Delray Beach Florida desires to approve the Joint
Participation Agreement with the State of Florida Department of Transportation to provide
service development funding to the City of Delray Beach to enhance and /or expand the
downtown trolley services located within the City of Delray Beach.
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the recitals set forth are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry in
the Joint Participation Agreement, related to Financial Project No. 427853 -1- 84-01, between
the City and the Florida Department of Transportation and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the day of
.2012.
MAYOR
ATTEST:
City Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 - 03006
PUBLIC TRANSPORTATION PUDLIC TRANSPORTATION
6/11
JOINT PARTICIPATION AGREEMENT
Financial Project No.:
Fund:
DPTO
FLAIR Approp.: 088774
427853- 1 -84 -01
Function:
680
FLAIR Obj.: 750013
. (item - segment- phase - sequence)
Federal No.:
N/A
Org. Code: 55042010429
Contract No.:
DUNS No.:
80- 939 -7102
Vendor No.: F59600030802
CFDA Number: N/A
CSFA Number:
55.013
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Delray Beach
434 S. Swinton Avenue, Delray Beach, FL 33444
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 05/29/2015 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project- hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
314 ,
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas
within the City of Delray Beach.
and as further described in Exhibit(s) A. B. C, D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
Page 1 of 14
725 -03606
PUBLIC TRANSPORTATION
6/11
2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, 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: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 198.515.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. 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 $ 198.515.00 as detailed in Exhibit "B ", or in an amount equal to the
percentage(§) of total project cost shown in Exhibit "B ", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 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 ❑ is B 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 ❑ is Q is not applicable. If applicable, 0 percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
page 2 of 14
726-030.06
PUBLIC TRANSPORTATION
Bill
6.00 Project Budget and Payment Provisions:
6.90 The Project Budget; A project budget shall be prepared by the Agency and approved by the Department. .
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines /procedures and "Principles for State and
Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account'. Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the-Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews;
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non - profit organizations as defined in OMB
Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply:
1, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements .addressed in Part.l, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4.. Federal awards ere to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded. If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(6), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor. General.
3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a.summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard, Fort Lauderdale
Florida, 33309
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular
A -133-
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part l of this Agreement and
conducted in accordance with OMB Circular A -133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
3400 West Commercial Boulevard , Fort Lauderdale
Florida, 33309
In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A -133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
3400 West Commercial Boulevard , Fort Lauderdale
Florida, 33309
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3. Copies of financial reporting packages required by Section 7.62 Part 11 of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard, Fort Lauderdale
Florida, 33309
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
Copies of reports or the management letter required by Section 7.62 Part 111 of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
3400 West Commercial Boulevard, Fort Lauderdale.
Florida, 33309
Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General, as applicable.
Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after final payment is made.
Copies of these .documents and records shall be furnished to the Department upon request. Records of costs incurred
include the Participant's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award,, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.65 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.
8.00 Requisitions and Payments:
8.10 Action by the Agency: in order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale
33309 -3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and.postaudit thereof.
8.1.2 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, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration. paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations. Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof,. or in or with respect to any document or data furnished therewith, or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.26 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 assistance.to the
project suspends or terminates federal financial assistance to the project In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including.any and all
federal financial assistance as detailed in Exhibit "B."
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8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of. annual notification of funds
availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
or services received under a contract or other arrangements which have not been approved in writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to 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, F.S. 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 fi nancing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act It Is understood and agreed by-the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., 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 Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform 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.
The recipient shall not discriminate on the basis of race, color; national origin, or sex in the award and performance of any
DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved
by DOT, is incorporated. by reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31
U.S-C. 3801 of seq.)
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 fled
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - .Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Titie VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in- housing on the basis of race, color, national
origin, creed, sex, and age.
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13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the. requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project
or any property included or planned to be included in the project, with any officer,, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, directors or employee's spouse or child is an
officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's
spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity_
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
1430 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on. the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach. or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out ofany act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees. will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the 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
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
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17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract; verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Not herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year," .
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
05/29/2015 _ If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project.to the Department within 120 days
after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a. Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose.accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying.the Legislature or a state
agency.
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to. the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who maybe experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of
Financial Services Hotline, 877 - 693-5236.
23.00 Public Entity Crime: 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, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. .
24.00 Discrimination: .An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids. on leases of real property to a
public entity, may not be. awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
With any public entity, and may not transact business with any public entity.
25.00 E- Verify:
Vendors /Contractors:
shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the Vendor /Contractor during the term of the contract; and
shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
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Financial Project No. 427853 -1 -84-01
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Delray Beach
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
��re,r :v7�r za
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
District Director of Transportation Development
TITLE TITLE
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Financial Project No. 427853- 1 -84 -01
Contract No.
Agreement Date
EXHIBIT "A"
PROJECTS DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Delray Beach
434 S. Swinton Avenue Delray Beach. FL 33444
referenced by the above Financial Project Number.
PROJECT LOCATION:
Palm Beach County, Florida
PROJECT DESCRIPTION:
Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the
City of Delray Beach.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect
the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and
the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
1.) Please submit quarterly reports through TransCIP.
2.) Please send an invoice every three months.
3.) Upload any route data, maps, ridership logs into TransCIP under the appropriate project number
4.) On -site visits may be required by District FDOT project manager.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
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Financial Project No. 427853- 1 -84 -01
Contract No.
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Floridai
Department of Transportation and City of Delray Beach
434 S. Swinton Avenue, Delray Beach, FL 33444
referenced by the above Financial Project Number.
I. PROJECT COST:
TOTAL PROJECT COST:
II. PARTICIPATION:
Maximum Federal Participation
Agency Participation
In-Kind
Cash
Other
Maximum Department Participation,
Primary
DPTO /DS
Federal Reimbursable
Local Reimbursable
TOTAL PROJECT COST:
$198,515.00
$198,515.00
( %)
or $
( %)
or $
( %)
or $
( %)
or $
( 100 %) or $ 198,515.00
( %) or $
( %) or $
$198,515.00
Page 1 of 1
Financial Project No. 427853- 1 -84 -01
Contract No.
Agreement Date
EXHIBIT "C."
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Delray Beach
434 S. Swinton Avenue, Delray Beach, FL 33444
referenced by the above Financial Project Number.
Reference statutes as applicable.
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 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 and Security Program Plan pursuant to Rule Chapter
14 -90 and has performed annual safety inspections of all buses operated.
_ Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall
submit, and the Department shall have on file, annual certification by the Agency of compliance with its System
Safety Program Plan, pursuant to Rule Chapter 14 -55.
_ Fixed Guideway Transportation 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.
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Financial Project No. 427853- 1 -84 -01
Contract No_
Agreement Date
EXHIBIT "D "
FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded, Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc..,)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may warit to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
STATE RESOURCES
State Agency Catalog of State Assistance (Number & Title) Amount
FDOT -D4 55.013 $198,515
Compliance Requirements
Authorization: Chapter 341, Florida Statutes
Objectives: To fund cost effective methods of relieving congestion and improving capacity within a transit corridor.
Types Of Assistance: Grants
Applicant Type: Local Government
Restrictions: Department participation shall be based on documentation by the Department that the project is the most
cost - effective method of relieving congestion and improving capacity within the identified corridor. As funding allows, this
program will consider improvements on facilities designed to prevent them from becoming constrained.
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
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