Res 22-07
[IT' IF DELIA' IEA[H
DELRA Y BEACH
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CITY CLERK
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
1993
CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do
hereby certify that the attached document is a true and correct copy of
Resolution No. 22-07, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 20th day of March, 2007.
'IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 22nd day of
March, 2007.
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Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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RESOLUTION NO. 22-07
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF THE
SIDEWALK ALONG OLD GERMANTOWN ROAD BETWEEN LINTON
BOULEVARD AND HOMEWOOD BOULEVARD AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the construction and funding of the sidewalk along Old Germantown Road between
Linton Boulevard and Homewood Boulevard; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof. ~
PASSED AND ADOPTED in regular session on this r;;t::5 day of~ ,2007.
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ATTEST:
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City Clerk
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
ClTIMANAGER ~
AGENDA ITEM · B - REGULAR MEETING OF MARCH 20, 2007
RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/OLD GERMANTOWN ROAD SIDEWALKS
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This is before Commission to consider adoption of Resolution No. 22-07 authorizing execution of a
Joint Participation Agreement GPA) with the Florida Department of Transportation (FD01) for the
installation of sidewalks on the north side of Old Germantown Road between Linton Boulevard and
Homewood Boulevard. The Florida Department of Transportation (FD01) will reimburse the City
up to $110,000.00 towards the construction of the sidewalks. The current construction cost estimate
for this project is $220,000.00. The City will prepare the plans and bid this project.
Recommend approval of Resolution No. 22-07 authorizing execution of a Joint Participation
Agreement GP A) with the Florida Department of Transportation (FD01) for the installation of
sidewalks on Old Germantown Road between Linton Boulevard and Homewood Boulevard.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manage~s memo Res 22-07 ]PA-FDaf Old Gennantown Rd Sidewalk 03.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
DATE:
David T. Harden
Randal L. Krejcarek, PE ~
13 Mar 2007
TO:
FROM:
SUBJECT:
FOOT Joint Participation Agreement (JPA)
Old Germantown Road Sidewalks
City Project # 2006-066
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute a Joint Participation Agreement (JPA) with Florida Department of Transportation for the
installation of sidewalks on the north side of Old Germantown Road. This JPA will provide for
reimbursement of up to $110,000.00 towards the construction of the sidewalks. The current
construction cost estimate for this project is $220,000.00. The City will prepare plans and bid
this project.
Construction funding is proposed to be available during the 2007-2008 fiscal year.
A location map is attached.
If this meets with your approval, please place it on the 20 March 2007 Commission meeting, for
approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
s: IEngAdmin1Projects1200612006-06610FRCIAL 12007-03-20 agenda memo.DOC
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RESOLUTION NO. 22-07
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF THE
SIDEWALK ALONG OLD GERMANTOWN ROAD BETWEEN LINTON
BOULEVARD AND HOMEWOOD BOULEVARD AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the construction and funding of the sidewalk along Old Germantown Road between
Linton Boulevard and Homewood Boulevard; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry into
the Joint Participation Agreement 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
,2007.
MAYOR
ATTEST:
City Clerk
Sl'ATeOF PLORIDot. DI!f'Alm1ENT OFTlWl8PORTATlON
PUBLIC TRANSPORTA nON
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: OS FLAIR Approp.: 088809
42181619401 Funcllon: e83 FLAIR Obj.: 750098
(ltem-segmem-pl1aSe-4lequence) Federal No.: Org. Code: 55042010429
Contract No.: DUNS No.: Vendor No.: F59EIOOO308OO7
CFOA Number: CSFA Number: 55014
THIS AGREEMENT, made and entered Into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state ofFlorlds,
hereinafter referred to as the Department, and CIty of Delray Beach
100 N.W. 1st 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 August 1, 2009 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 Imprementation of an integrated and balanced transportation system and Is authorized under
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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.ofthls Agreement Is
to provide Intermodal funding to the City of Deiray Beach for'sidewalk construction along Old Germaritown Road,
between Linton Boulevard and Homewood Boulevard. Tnese newfy constructed sidewalks will connect residential
communities to existing transit stops on Old Germantovm Road.
and as further described in Exhlbit(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 Exhibn
"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 lalMS,
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, Contracta 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 rrsted in exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost The total estimated cost of the project 1$ $ 220,000 . Thil3 amount
Is based upon the estimate summarized In exhibit "B" attached hereto and by this reference made tl 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 $ 110,000 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 Erlgrbfflty : Project costs eligible for State participation will be aUowed 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 0 1$ 8 Is not applicable. If applicable, the Department
may initially pay 1000,,(, 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 Retalnage: Retainage 0 is @) Is not applicable. If applicable, percent of the
Department's total share of participation as shown In paragraph 4.00 is to be held In retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget A project budget shall be prepared by the Agency and approved by the Departmenl
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of projed funds only in conformtty with the latest approved budget for the project No budget increase or decrease shall
be effective unless It compiles with fund participation requirements established in Section 4.00 ofthis Agreement and i$
approved by the Department Comptroller,
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8.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment wiD begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment wlll 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
aocounts. 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 Avallabfe 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 requke depositories of project funds to secure continuously and fuMy all
project funds in excess of the amounts Insured under federal plans, or uhder State plans which have been approved for
the deposit of Project funds by the Department, by the deposit or setting askH 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 attrlbutable 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, shaJl be eupported 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 Agenoy with respect to any item which Is
or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on
file In the offioe of the Agency stating In proper detail the purpo6e for which such check or order Is drawn. All checks,
payrolls, invoices, contracls, 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 Repol1&: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monltorlng 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 redOrds 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 asslstance or limit the authority of any state agency inspector general. the Auditor
General, or any other state official.
The fVdency shall comply with an audit and audit reporting requiremerns as speclfied in Exhibit "0" attaohed 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 OMS Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be Uml1ed to, on-site visits by
Department staff, limited scope aU<frts as defined by OMS Circular A-133, andlor 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, revieYl&. investigations, or audits deemed necessary by FOOT'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-proflt organizations as defined In OMS
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-speolflo audit conducted In accordance with the provisions of OMS 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 frscal year, the reclplent shall consider all sources of Federal awards,
Including Federal resources received from the Department. The determination of amounts 01 Federal awards expended
should be In accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meet the
requirements 01 this part.
. 2. In connection with the audit requirements addressed in Part I, Paragraph i., the recipient shall fulfill the
requirements relative to audltee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount In Part I, Paragraph 1., an audit conducted in accordanoe with the
provisions of OMS Circular A-133, Is not required. tfthe recipient elects to condlict such an audit, the cost of the audit
must be paId from resources obtained from otherthan 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 /I 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 fl9eal year, the recipient must have a State single or project-epeclfic aucfll: for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of FinanCial Servioes and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
exhibit "0" 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, InoJuding state financial assistance received from the Department, other state agencles, and other
nons1ate entities. state financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entlty for Federal program matching requirements.
2. In connectlon with the audit requirements addressecl 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 ofa financlal
reporting package as defined by Section 215.97(2Xd)j Florida statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit ancj for-profit organizations), Rules of the Auditor General.
3. If the reclplent expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
ele9ts to conduct such an audit, the cost of the audit must be paid from the reclpienfs resources obtained from nonstate
entities.
4. State awards are to be identified using 1he Catalog of state Financial Aseistance (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 statue 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 Comptroner, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audit$ or evafuations of state financial assistance or limit the authority of any other
state official.
Part tV Report Submission
1. Copies of reporting packages for audits conducted In accordance with OMS Circular A-133, as revised, and required .
by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, by or
on behalf of the recfpient directly to each of the following:
A. The Department at each of the following addresses:
FOOT Offioe of Modal OeveloPJ:n8nt
3400 West Commerelal Boulevard
Fort lauderdale, FL 33309-3421
B. The number of copies required by Sections.32O (d}(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
JeffersonvAle, 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 7.621 of this Agreement and
. conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant to seotfc)n .320 (e){2), OMB Circular A-133, the recipient shaJl submit the required Wiitten 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:
FOOT Office of Modal Oev8Jopment
3400 Weet Commercial Boulevard
Fort Lauderdafe, FL 33309-3421
In addition, pursuant to Section .320 (1), OMS Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular A-133, and any management letters Issued by the
auditor, to the Department at .each of the following addresseS:
FOOT Office of Modal Development
3400 Weet Coml'l18l'dal Boulevard
Fort Lauderdale, FL 33309-3421
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3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf
of the recipient directly to eactl of the following:
A. The Department at each of the following addresses:
FOOT Office of Modal Development
3400 We.t Commerdel Boulevard
Fort Lauderdale, FL 33309-3421
B. The Auditor Generars Office at the foRov.iIng adclress:
Auditor Generafs Office
Room 401, Pepper Building
111 Wt!JSt Madison Street
Tallahassee, Florida 32399--1450
4. Caples of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on
behalf of the reclplent directly to:
A. The Department at eaoh of the following addresses:
FOOT Office of Modal DtrYelopment
3400 West Commerclaf Boulevard
Fort Lauderdale, FL 3330Eh'3421
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 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.
6. Recipients, when submitting financial reporting packages t9 the Department for audits done in accottfance with OMS
CIrcular A-133 or Chapters 10.550 (local governmental entitles) 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 yealS from the date.the audit report is issued, and shall alIowthe Department,
or its designee. tt:le 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 Departmen~ 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 .
7.64 Other Requirements: If an audit disdoses 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 packsge to the Department a plan for corrective action to eUmmate
suoh 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.
7.65ln5ur8n08; 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 Joss 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.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, tne Agency shall flIe with the Department
of Transportation, District 4 Public Transportation Office 3400 W. Commercial Blvd., Ft. Lauderdale , FL,
33309-3421 its requisition on a form or forms presaibed 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 selVlces or .expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shaD 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.
(0) a statement by the Agency certffying 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 Departmenfs ObffgaUons: 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 mllde misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or In or with respeet to any document or data furnished therewith or
pursuant hereto;
8.2~ LItigation: There Is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations whIch may Jeopardize oradverse/y affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any act:ionpertainlng to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incUITed related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of Interest provisions contained herein;
or
8.25 Default The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project &uspend$ 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 dlsallOlNed costs. :
8.30 Disallowed COsts: In determining the amount of the payment, the Department will exclude aJl 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 cos1s attributable to goods. or services received under a contract or other
arrangements whIch have not been approv~ In writing by the Department.
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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 TermlnaUon 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 condltlons 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 an of Its
()b1igations under this JlQreement 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 AcUan Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall prooeed promptly to carry out the actions required therein
which may Include any or an ofthe following: (1) necessary action to terminate or suspend, as the case may be. project
aetMtles 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 shaH 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 publio 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 lis 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
Departmenfs authorized representatives to inspect all work, materials, payrolls, records: and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of 1he Agency:
12.10 Third party Agreements: Except as atherMse authorized In wrfting 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 COl18ultant, construction or purohase 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 CliIuse for nonpayment by the Department as provided in Section 8.23. The Departmentspeclfically reserves
unto Itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
72&-030006
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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 wlth 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 BU$Ines& Enterprise (DBE) Policy and Obligation:
12.31 DSE Policy: It is the policy of the Department that disadWntaged bUsiness enterprises as defined
In 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed In whole or in part with Department funds under this Agreement The DBE requirements of 49 CFR
Part 26, as amended. apply to this Agreement.
12.32 DBE Obligation: The Agency and Its contractors agree to ensure that Disadvantaged Business
Enterprises as defined In 49 CFR Part 26, as amended, have the maximum opportunity to participate In the performance
of contracts and this Agreement. In this regard, all recipients, and ccntractors 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. .
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFRPart 26 filed
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: I n connection with the carrying out of any project, the Ag!iIDCY 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 payor other forms of compensation; and selection for training, including apprenticeship. .
The Agenoy 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 shafl require all such contractors to insert a slmlfar 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
certtflcatlon that the AQency will comply with aU the requirements imposed by Title VI of the CivB 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 TIUe VIfI - Civil RIghts Act of 1968: Execution of this Joint Partlcipation Agreement constitutes a
certification that the Agency will comply with all the requlremenis imposed by TItle VIII of the Civil Rights Act of 1968,42
use 3601,<< 8eq., which among other things, prohibits diScrimination in housing on the basis of race, color, national.
origin, creed, sex, and age. .
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participatlon Agreement
constitutes a certlflcation that the Agency will comply with all the requiremenis imposed by the ADA (42 U.S.C. 12102, et
seen, the regulations of the federal government issued thereunder. and the assurance by the Agency pursuant thereto.
72&43O-C8
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13.50 Prohlblisd Interes1B: 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 officer's, director's
or employee's spouse or child, or any combination of them, has a material Interest.
"Materiallntere&t" 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.
The provisions of this subsection shall not be applicable to any agreement between the Agency and Its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, 0; 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 Prov1sions:
14.10 Environmental Pollution: Execution of this Joint participation Agreement constitutes a certffication 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 t~ securing of any applicable permlf$, 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 obfigated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default Which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way Impair or prejudice any right or remedy available to the Department wlth
respect to such breach or default.
14.40 How Agreement Is AffecMd by Provisions Being Held Invalid: If any provision ofthls Agreement Is
held Invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
~nue 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,
s Iso, agrees not to pay, any. bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 Sfa18 or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other aet 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 NJency 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 posslble with the project.
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14.70 Use and Maintenance or Project Facilities and equipment: The ~ency agrees that the project facilities
and equipment wfll be used by the Agency to provide or support public transportation for the period of the usefulllfe 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 facilltles and equipment in good working order for the
usefullffe of said facilltles 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 Of Equipment: If the Agency disposes of any project facility or equipment
during its usefullffe 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 f:I proportional amount of the proceeds from the disposal of the facility or equipment Said
proportlonal amount shall be determined on the basis of the ratio of the Department financing of the facUity or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the ~ency 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 ~ency, 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
Agenoy. the Agency and the Department win evaluate the claim and report their findings to each other within fourteen
(14) .working days and will jointly discuss option& in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the ~fense 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 partlcipation In or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement nElgotiatlons, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for aD 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/$sue 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
Departmenfs satisfaction. the Department wDl issue to the ~ency 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 ~ency
facility, that adequate tltIe is in the Agency and that the project is accepted by the ~ncy 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 appropriatton by the Legfslature.
7260030-08
PUBLIC TRAN8PORfAT1QN
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Pat/812011..
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 tn 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 sudl contract or other binding commitment of funds. Nothing herein contained shall prevent the .
making of contracts for period9 exceeding 1 year, but any contraCt 80 made shaD 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 shaff 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
August 1, 2009 . If the Agency does not complete the project wi1tlln 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
a1'ter 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 wNch 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 per$On 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 $ubawards at all
tiers (Including subcontrads,subgrants, and contracts under grants, loans and cooperative agreements) and that all
subreCipients shall certify and dlsclose 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 (vouoher) 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 pena.1ty In accordance with Section 215.422(3Xb), 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 dutles 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 (S50) 410-9724 or by calling the Department of
Financial Services Hotrme, 1..s00-848-3792.
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 8ubmit a bid on a contract to provide any goods or services to a public entity I
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, subeontractor, 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 8. 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 slIbmit a bid on a contract with a public
entity for the construction or repair of a public building or public wcirk, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work a.6 a contractor, suppJjer, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
~
l'IJalCTRANBPORTATlON
08IIlll
Pagll40114
Financial Project No. 42181619401
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
City of Delray Beach
AGENcY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATORY (PRINTet>OR TYPED)
SIGNATURE
DEPARTMENT OFTRANSPOIUATION
District Director of Transportation Development
TITLE
TITLE
PM NO. 421816-1-94-01
CONTRACT NO.
EXHIBIT It A"
PROJECT DESCRIPTION AND RESPONSmIUTIES
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 dated
PROJECT WCATION:
Palm Beach County, Florida
PROJECT DESCRIPTION:
The purpose of this Agreement is to provide lntennodal funding to the City of Delray Beach for
sidewalk construction along Old Germantown Road, between Linton Boulevard and Homewood
Boulevard. These newly constructed sidewalks will connect residential communities to existing transit
stops on Old Germantown Road
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 nwnber, Financial Prpject Number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department has 10 working days to review invoices after receipt of invoice package and
corresponding progress report.
PM NO. 421816-1-94-01
CONTRACT NO.
AGREEMENTDA1E
EXHIBIT liB"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Trwsportation and City of De~ Beach. dated
I. TOTAL PROJECT COST: S 220,000.00
II. PARTICIPATION:
Agency Participation
In-Kind (0 %) $
Cash (50%) or $ 110,000.00
Other (0 %) $
Maximum Department Participation** .
Primary
(DS)(DL)(DDR) (DIM)(pOR1)(SIS)(GMR) (50010) or $ 110,000.00
Federal Reimbursable (DU)(CM)(DFTA) ( %) or $
Local Reimbursable (DL) ( %) or $
. TOTAL PROJECT COST:
$ 220,000.00
FM NO. 421816-1-94-01
CONTRACf NO.
EXHIBIT t'C"
This exhibit forms ~ integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation ~d City of DeIray Beach. dated:
Reference statues as applicable. Chapter 341
DOCUMENTS. REQUIRED TO BE SUBMITtED TO THE DEPARTMENT BY THE
AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT:
1. All proposals, plans, specifications, and 3m party contracts covering the project for
Departmental approval
2. Copies of all correspondence related to this project
3. Audit Reports as described in Section 7.60 of this JPA.
4. Quarterly Progress Reports provided within thirty (3Q) dS(YS o/the end o/the
qulJrter.
5. Three (3) original Invoice Summaries and backup information must be submitted to the
District Office when requesting payment
Fin. Proj. No.: 4218161~94-O1
Contract No.:
Agreement Date:
. EXHIBIT D
PROJECT AUDIT REQUIREMENTS
The administration of resources awarded by the Department to the City of Delray Beach may be subject to midits and/or
monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in acc:ordance with OMB Circular A-I33 and Section 215.97, F.B., as revised
(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, as revised, and/or other procedures. By entering into this
agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the DepartmeDt.. In the event the Department det:enniDes that. a limited scope audit of the recipient is
apptopriate, the recipient agrees to comply with any additional instructions provided by the Department staff to City of
Delray Beach regarding such audit. The City of DeIray Beach further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the FOOT's Office ofInspector General (010) and Florida's Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: Jl'EDERALLY FUNDED
Recipients of federal funds (ie. state, local govenUnent, or non~profit organizations as defined in OMB Circular A-133, as
revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
bave a single or progmm.specific audit conducted in accordance with the provisions afOMa Circular A~133, as
revised. EXHIBIT I to this agreemeDt iodicates Federal resources awarded tbroogh the Department by this
agreement. In detennining the Federal awards expended in its fiscal year. the recipient shall consider all sources
of Federal awards, including Fedeml resources received from the Department. The determination of amounts of
Federal avvards.expended should be in accordance with the guidelines established by OMB Circular A-I33. as
revised. An audit of the recipient conducted by the Auditor Geneml in accordance with the provisions OMB
Circular A-In, as revised. will meet tile requireJu.erm of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements'relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised.
3. Iftbe recipient expends less than 1500,000 in Federal awards in its fiscal year, an audit CODducted in accordance
with the provisions ofOMB Circular A-133, as revised, is not required. HOWever, if the recipient elects to have an
audit couducted in accordance with tbe provisions ofOMB Circular A-I33, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities). .
4. Fedml awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and mnnber,
award number and year, and name of the awmding federal agency.
Joint. P3rticinAtion Aereement (JP A) Exhibit D
Fin.Proj. No.: 421816-1-94-0l
Contract No.:
Agreement Date:
PART n: STATE FUNDEn
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done
annually using the following criteria:
1, In the event that the recipient expends 8 total amount of state financial assistance equal to or in excess of $500,000
in any fiscal year, the recipient must have 8 State single or project-specifIC audit for such fiscal year in aocordance
with Section 215.97, Florida Statutes; applicable rules of the Department ofFi.naru:ial Services and the CPO; and
Chapters 10.550 (local governmel1tal entities) or 10.650 (nonprofit and for-profit organizations), Rll1es of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded tltrough the
Department by tltis agreement. In detennlnitlg the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state fmandaI 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 noostate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II. paragraph 1, the recipient sba1l ensure that the audit
complies with the tequitements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and 0Iapters 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 $500,000 'in state :financial assistance in its fiscal year, an audit conducted in
aa:ordance widt the provisions of Section 215.97, Florida Statutes, is not ~. However, if the recipient
elects to have an audit conducted in accocdance with the provisions of Section 2lS. 97, Florida Statutes, the cost of
the audit must be paidftom the nonstate entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the QmUog of State Financial Assistance (CSFA) title and number, award
ID.DDber and year, and name of the state agency awarding it
PART DI: O1'JIEB.AUDIT KEQ'UIIlEM:EN.I
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and CUlTent status of the audit findings is reqIDred. Current
year audit findings require corrective action and status of findings,
Records related to unresolved audit findit1gs, appeals, or litigation sbaJ1 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 FOOT, the
Department of Financial Services, and the Auditor General. This lleCtion 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.
Joint Panicioation Aszreement (JP A} Exhibit D
Fin. Proj. No.: 421816-1-94-01
Contract No.:
Agreement Date:
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d),OMB Circular A-
133, as revised., by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The Fedem1 Audit C1earingbcmse designated in OMS Circular A-133, as revised (the number of copies
required by Sections .320 (d)(l) and (2). OMB Circular A-l33, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 100' Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Ci:rcu.Iar
A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted
in accordance with OMB CirouJar A-133, as revised, is not required to be lIUbmitted to the Depamnent for reasons
pursuant to section .320 (eX2), OMB CircuJarA-133, as revised. the recipient sball 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 ~ to each of the following: .
Florida Department of Transportation
Offu:e of Modal Development
3400 West Comnte.rdal Boo1evard
Fort Lauderdale, Florida 33309-3421
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient sha1l submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, as revised, ami any management letters
issued by the auditor, to the Department at each of the following addresses:
FlOrida Department ofTnmsportation
0fIice of Modal Devdopment
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Joint. Parficination Aereement (JP A \ Exhibit D
Fin. Proj. No.: 421816-1-94-01
Contract No.:
Agreement Date:
3. Copies of financial reporting packages n:quired by PART n of this agreement shall be submitted by or on behalf
of the recipient ~ to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The Auditor Genet'8l's Office at the following address:
Auditor General's Office
Room 401, Pepper Boilding
III West Madison Street
TaJJa~~. Florida 32399-1450
4. Copies of reports or the management letteJ: required by PART nr of this agreement shall be submitted by or on
behalf of the recipient ~ to:
A The DepaJ:1ment at: each of the following addresses:
Florida Department ofTnmsporlaIion
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309.3421
5. Any reports. ~ letter, or other information required to be.1Ubmitted to the Department pursuant to this
agreement shall be submitted timely in accordance with OMS Circular A-l33, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-pmfit organizations), Rules of the Auditor
General, as applicable. .
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circolar A-B3 or CbapterB 10.550 (local govemmeutal entities) or 10.650 (nonprofit and for-profit
otganizations), Rules. of the Auditor GaIeral, should indk:ate the date that the reporting package was delivered to
the recipient in correspoodence aa;ompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at Imst five years from the date the audit report is issued, and shall allow the Department, or its designee,
CPO, or Auditor Geae.ml access to such records uponrequest. The recipient sball ensure tbat audit working papers
are made available to the Department, or its designee, CFO, or Auditor Genem1 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
Joint Particinatioo Al!'I'OOl11eI1t (IP A) Exhibit 0
Fin. Proj. No.: 421816MIM94-01
Contract No.:
Agreement Date:
EXHIBIT -Bl
STATE RESOURCES
State Agency Catalog of State Financial Assistance
F1>CYf . 55014
Amount
$110,000.00
FMNo.
42181619401
55.014 Intennodal Development Program ~ Compliance Requirements
1. To provide for major capital investments in fixed-guideway transportation systems, access to seaports, airports, and
other tnmsportation tenninaIs, providing for the oonstruction of intermodal or mnltimodal terminals; and to otherwise
18cilitate the intermodal or nmltimodal movement of people and goods.
Activities Allowed:
The department is authorized to fund projects within the Intennodal Development Program, which are consistent. to the
maximum extent fea.61ble, with approved local government oomprebensive plans of the units of local government in which
the project is located.. Projects that are eligt'ble for fimdiDg nnder this program inclode major capital investments in public .
rail and fixedMguideway transportation facilities and systems which provide intermoda1 access; road, rail, intercity bus
service, or fixedMguideway access to, from, ot between seaports, airports, and other transportation tenninals; construction of
intenDoda1 or mu1titnoda1 terminals; development and CODStmction of dedicated bus lanes; and projects which otherwise
facilitate the iDtermodal or muItimodal movement of people and goods.
(Section 341.053(6), Florida Statutes)
Matcl1in~ reqJ,1i.rements are as follows:
(a) The department may fund up to SO percent of the nonfederal share of the costs, not to exceed the local share, of any
eligible public ttansit capital project or commnter assistance project that is local in scope; except, however, that
departmental participation in the final design. rightooOf-wa.y acquisition, and construction phases of an individual fixed-
guideway project which is not approved for federal funding shall not exceed an amount equal to 12.5 percent of the total
cost of each phase.
(b) The department is authorized to fund up to 100 percent of the cost of any eligible transit capital project, intercity bus
service project, or commuter assistance project that is statewide in scope or involves more than one county where no other
govemmenta1 entity or ..pplup.1cde jurisdiction exists.
Joint Paiticination Aereement (JP A) Exhihit D
~
(c) The department is authorized to advance up to 80 percent of the capital cost of any eligible project that will assist
Florida's transit systems and intercity bus services in becoming fiscally self-sufficient. Such advances sbalI be reimbursed
to the department on an appropriate scl1edule not to exceed 5 years after the date of provision of the advances.
(d) The department is authorized to fund up to 100 percent of the capital and net opemting costs of statewide transit service
development projects or transit corridor projects. All transit service development projects shall be specifically identified by
way of a departmental appropriation request, and transit corridor projects shall be identified as part of the planned
improvements on each ttansportadon corridor designated by the department The project objectives. the assigned
operational and financial responsibilities, the timefra.me required to develop the required service, and the criteria by which
the success of the project will be judged shall be documented by the department for each such transit service development
project or transit corridor project.
(e) The department is authorized to fund up to 50 percent of the capital and net operating costs of transit service
development projects that are local in scope and that will improve system efficiencies, ridership, or revenues, All such
projects shall be identified in the appropriation request of the department through a specific program of projects, as
provided for in s. 341.041, that is selectively applied in the following functional areas and is subject to the specified times
of duration:
I. Improving system operations, including; but not limited to, realigJ'ing route stmctures, increasing system average speed,
decreasing deadhead mileage, ~ng area coverage, and improving schednIe adherence, for a period of up to 3 years;
2. Improving system maintenance procedures, including, but not limited to, effective preventive maintenance programs,
. improved mechanics training programs, decreasing service repair calls, decreasing parts inventory requirements, and
decreasing equipment downtime, for a period of up to 3 years;
3. Improving marketing and consumer infonnation programs, including. but not limited to, automated information services,
organized advertising and promotion programs, and signing of designated stops, for a period of up to 2 years; and
4. Improving technology involved in overall operations, iDcbvting, but not limited to, transit equipment, fare collection
techniques, electronic data processing applications, and bus locators, for a period of up to 2 years.
Joint Pm1:icination AllTeement (IP A) Exhibit D
~
(1) The department may fund up to 100 percent of the federal-aid apportionment for intercity bus service.
For purposes of this section. the term "net operating costs" means an operating
(Section 341.051(5), F10rida Statutes)
NOTE: Section .4OO(d) of OMS areolar A-l33, IS revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects ineluded in Exhibit B-1 be provided to the recipient.
Joint Particination Aereement (JP A) Exhibit D