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Res 07-08EITY OF DELRAY BEREH DELRAY BEACH r L U R I A bftd All- AmericaCity r r 1993 2001 100 N.W. 1st AVEk�sUE DELRAY PEACH, FLORIDA X3444 . 56'11243 -70Q0 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. 07 -08, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th day of February, 2008. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 11th day of March, 2008. Chevelle D. Nubin City Clerk City of Delray Beach, Florida (SEAL) SERVICE - PERFORMANCE ° INTEGPI 'Y - RESPONSIBLE • INNOVATIVE= ° TEAMWORK RESOLUTION NO. 07-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORATION FOR FUNDING OF THE TRI -RAIL SHUTTLE SERVICE EXPANSION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation Agreement for funding of the Tri-Rail shuttle service expansion; and 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, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Comtission 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 19' day of February, 2008. Q-�� ?-DL- PNEWWRIN ATTEST: City Clerk 8rA7R0f namor.uiM7U0Fr0F711,1rePOnr " PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT r Plam TR mwV WAnaa MY pwid" Financial Project No.: runs: •••••• •..,^•.,... - - -. 42273118401 Function: 215 FLAIR Obj.: 750012 �'^'g;(q /p Federal No.: NIA Org. Coda 55042010429 Contract No.: I , DUNS No.: NIA vendor No.: F598000W=6 CFDANumber. NIA CSFANumtxx 35.012 THIS AGREEMENT, made and entered bft this _ day Of lAkL- . 1 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Fiords. hereinafter referred to as the Department and City of D&W Basch 434 S. Swinton Avenue Delray Beach, Florida 33444 hereinafter referred to as Agency. The Department and Agency agree that all terra of this Agreement will be completed on or before 12/3112009 and this Agreement will expire unless a time extension Is provided WITNESSETH: WHEREAS, the Agency has the authority to enter Into said Agreement and to undertake the project herektallier dewted, and the Department has been granted the authority M function adaquat* 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 mvesentallons herein, the Parties SW" as follows: 1.00 Purpose of Agreement_ The purpose of this Agreement is to provide funding to the City of Delray Beach for Tri -Rah shuttle service expansion. and as further described in Exhibit(s) A,B,C,D allached hereto and by this refererxx made a past hereof, hereinafter referred to as the prgect and to P tal 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. Mm PIRIC myiAlaexrAODW eyrDOW 11M 2.00 Aawmpgshnmd of titre Project 2.10 General Requirements: The Agency shall commence, and oompiefe 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. 220 Pursuant to Federal, State, and Local taw: 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 low, 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 at 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 raising 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 Coat The total estimated coat of the project is $ 3W,360.00 This amount is based upon the estimate summarized in Exhibt "B" attached hereto and by this reference made a part hereof this Agreement The Agency agrees to bear at expenses in exom of the total estimated cost of the project and any deficits involved. 4.00 Department Par icipeton: The Deparanerd agrees to meximan participation. including eontngencfehr, in tha project in the amount of S 180,100.00 as detailed in Exhibit "S", or in an amount equal to the percentage(s) of total project cast shown in Exhibit V. whichever is less. 4.10 Project Cost Eligibility : Project vests atgible for State participation will be allowed only from the effective date of this agreement. It is understood that State partcipallon in eligible project coats is subject b: (a) Legislative approval of the Deparinmrs approprieton request in the work program year tat the projed is schedWed to be commkW; (b) Availabillty of funds as stated in Section 17.00 of t is ftreemeM; (c) Approved of all plans. specifications, contracts or other oblgeting documents and at other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A& B) st fie time appropriation autlrorihr becomes available. 420 Front End Funding : Front and funding 0 is 0 is not applicable• If applicable, to Department may initaly pay 100% of the total allowable khcurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retabrage : Retainege 0 is 0 is not applicable. If applicable, WA percent of the Departments total share of participation as shown in paragraph 4.00 is to be held in ret linage to 17e dlsbursed, at the Department's discretion, on or before the completion of the final project audit. > PMa mµsrarunw aw pap"aata 6.00 Project Budget and Payment PrOVIilOrre: 6.10 The Project Budget: A project budget than 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 Comptuher. 620 Payment Provisions: Unless otherwise showed 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 shell establish for the protect. in conformity with requirements established by Departments program guklokwWprocedures and "Principles for State and Local Govemmen&', 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 One Department upon request any time during the period of the Agreement and for three years after final payment is made. 720 Funds Received Or Mad* Available for The Project: The Agency shag 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 saver funds are herein collectNety 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 7.10 Costa Incurred for the Project: The Agency shall charge to the project account all ehipble coats of the project of the Department not considered el f costs. a la ble to actions which have not received the required 7A0 Documentation of Project Costs: All costs charged to the project Including any approved services contributed by the Agency or others, shag be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nice and propriety of the charges. 7.60 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any germ which is or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on the in the office of the Agency stating in proper detail the purpose for which such dock or order is drawn. Ali ducks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be dearly 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 bunted to able 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 comptiarce with the tams of this Agreement for a period of three years from the dale 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 wrarge 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 Aovq shall comply with all audit and audit reporting requirerneM as 6pe0lW in ExMA "tY alta W hereto and by this reference made a part hereof this Agreement M.030411 A9ua7RIOWMAT M own ►4stfN 7.61 Monitoring: In addition to reviews of audts conducted in accordance with OMB Circular A -133 aid Section 215.97, Florida Statutes, (see "Au date below), monitoring procedures may exclude, but not be limited to, on-aft vieha 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 praxdureWprocesses 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 FDO're Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If fat Agency is a stele, local govemmerit, or non -profit organisations 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 witin 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 fiscal year, the recipient shall consider ell sources of Federal awards, including Federal resources received from the Department The determenation 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 racipienl conducted by the Auditor General in accordance with the provisions OMB C oular 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 Will the requirements relative to au Bites responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part 1, Paragraph 1., an audit conducted in accordataa with the provisions of OMB Circular A -133, is no required. ff 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 ideritif ed using the Catalog of Federal Domestic Assistance (CFDA) We and number, award number and year, and name of the awardang feral agency. Pall h State Funded: 9 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 projed-epecifie 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 govemmentat 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 to Part 11, Paragraph 1., the recipient shah ensure that the audit complies with Ons requirements of Section 215.97(7). Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2x9), Florida Statutes, and Chapter 10.550 (local govemmentai 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 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 recipient's resources obtained from rnormt3t9 snob". 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 r PUBW TRAM PpRTATQN War Papsdu Part ffl Other Audit Requiren"nts t. 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 fmrkngs 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 unfit the action is competed or the dispute is rasolved. Access to project records and audit work papers shall be given to the DepmtrneM, 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 N Report Submission copies of reporting packages for audits conducted in accordance with OMB Circular A-133. as revised, and "119d by Section 7.622 Part 1 of this agreement stmt 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 folowing addresses: Florida Department of Transport>dion OfRee of Model DeveloOMM 3400 West Conrrrerciat Blvd Fort Lauderdale, Florida 33309 B. The number of copies required by Sections .320 id)(1) and (2), OMB Circular A-133, submitted to the follorh" address: Federal Audit Cleerintpltadse Sureau of the Cansus 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and paaadhrough anttttes in acoordance with Sections .320 (e) and M, O MS Circular A -133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I 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 vAtMen 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: Florida Department of Transportation Office of Modal Oevelopmect 3400 Weed Commercial Blvd Fort Lauderdale, Florida 33308 In addition, pursuant to Section .320 (1), 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 fotlmVing addresses: Florida Depwbnent of Transportation Office of Model Developmsnt 3400 Weat Commercial Blvd Fort Lauderdale. Florida 33309 Tr6OW4111 ppprx:TRANrpnNTATKx raw pgaolM 3- Copies of financial reporting packages required by Sea+a+ 7.62 Part 0 of this Agreement shall be submitted by or on behalf of it* recipient directly to each of the following: A. The Department at each of the following addresses: Florida DepartmentolTrarrsportatlon office of Mortal DevelopneM 3400 vilest Coasrbrclal Blvd Fort Lauderdale, Florida 33309 B. The Auditor Generars Office at the following address: Auditor Generars Office Room 401, Papprrr Britding 111 Worst Madison Street Tallahassee, Florida 32399 -1460 4. Copies of reports or the management letter required by Section 7.62 Part Id of this Agreement shmil be submitted by or on behalf of the recipient directly to: A The Department at each of time following addresses: Florida Department of Transportation Oftios or Modal Development 34W West Comnerc+al Ind Fore Lauderdale, Flalda 33309 ward b this 5. Any reports, management letter, or other information required to be submitted to the Depert Tent p ur 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. S. Recipients, when submitting financial reporting packages 10 tie Department for audits done In accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and >�� �OWr`ger )- Rules of the Auditor General, should indicate the date that the reporting package wag correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain suNiaem records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the data 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 7.64 Other Requirements: H 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 shell submit as part of the audit package to the Department a plan for oonective action to eliminate such audit findings or a statement describing the reasons that corrective action is riot necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.6s insurance: Execution of this Joint Participation Agreement cwwfihmes a certification inal the Agency has and will maintain the ability to repair ar replace any project equipment of facilities in the event of toss or damage due to any accident or casualty for the useful We of such equipment or facilities. In the event Of the loss of such equipment or facilities, the Agency shall eittrer replace the equipment or facilities or reimburse the Department to the extant of ft 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- n 4xo Ketew IPMA Orb 6W F.P70" BAD 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 4 Public Transportation Office 3400 West Commercial Blvd Fi Lauderdale . FL, 33309 its requisition on a form or fors prescribed by the Department and any other data Psrtainirg 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 shah 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 112061, F.S. 8.13 For real property acquired submit; (a) the date Bra Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has ecqukW said real property, and actual consideration paid for reel property. (c) a statement by the Agency cartifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accOmpfishad 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. 820 The Department's obligations: Subject to other provisions hereof, the Depafinent 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, notwlidistanding any other provision of this Agreement the Department may elect by notice in writing not to make a payment on the project fi 8.21 Misrepresentation: The Agency shall have made misrepresentation of a malarial nature in its applicatat or any supplement thereto or smerximent thereof, or in or with respect to any document or data famished therewith Of pursuant hereto; 8.22 Uthpftn: 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 823 Approval by Department The Agency shall have taken any action Pertaining to the Project which. under this agreement, requires tine approval or the Department Or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Contact of Interests: There has been arty violation of the conflict of interest provisions contained herein; or 8.26 Dafault: The Agency has been detemined by the Department to be In default under any of the provisions of the Agreement. 8.28 Federal Participation (K Applicabler Any federal agency provi "federal fmandal assistance to Via project suspends or terminates fAge c will re reimburse the Depart In all disallowed Seri and art federal financial assistance, the Agency federal financial assistance as detailed in F.xhM'B.' 8.30 Disallowed Costs: in deteminkg the amount of the payment the Department will exclude an pn*cbs 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 coats attributable to goods or services received under a contract or other arrangements which have not been approved in writing by Oro DepartmenL /IhM0414 8.40 Payment Offset K after project comPtatlon, any deism le 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 Paymemte 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 si)dy (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 Generefir lt the Agency abandons or, before completion, finally dleconlinuss the project or if, by reason of any of to events or axgfitlon s set forth in Sections 8.21 to 8.26 induaive, 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 Agreament 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 shelf proceed Promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action 10 terminate or Suspend, as the ease may be, Project adivitias 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 cash: 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 lenrhihation or suspension shell be carried out in conformity with the latest sdxAM. 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 famish the schedule, plan, and budget within a reasonable tine. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not eon SMft a waiver of any claim which the Department may otherwise have arising out of this Agreement 9.12 The Department reserves the right to ant Wn* canoe) this Agreement for refusal by the wnkacw or Agency to SNOW public access to all documents, papers, letters, or other material subject to the PrOviabns Of Chapter 119, F. 6. and made or received in conjunction with this Agreement 10.00 Remission of Project Account Upon Completion of Project Upon completion of the projad. and after payment. provision for payment, or raimbureement of all prOjed coals 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 contractor to Pemhlt, the Deparinenrs authorized representatives to inspect sN work, materials, payrolls, recorda; 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 Aproananb. Except as otherwise sutaft0d in writing by the Dopa Mrsnt, Os Agecy shall not execute any contract or obligate Itself in any manner mquking the disbtasernerd of Department joint Participation funds, including consultant, construction or purchase of commodities controds or artsndments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shell be sufficient cause for nonpayment by the Department as provided in Section 823. The Deparment 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. ,ter AsuomNrsermAmon asw wr.vau 12.20 Compliance with Coreutiants' ComPOUMO 1legodalbn Act R Is understood ®1d agreed by ft Petles hereto that participation by the Department in a project with an Agency, where said project brmolves a consulant contract for engineering, architecture or surveying services. is contingent on the Agency complying In fill 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 an oonfrads. In all oases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consufnta Competitive Negotiation Act 12.30 Disadvantaged Business Enterprise (DW Policy and Obilgstlon: 12.31 DBE Policy: It is the policy Of the Dapartrcent that &68,dvantagsd business enterprises as defined in 49 CFR Part 26, as amended. stall have the maximum opportunity 10 participate in the pedot enos of Contracts financed in whole or in part with Dapar4nant 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 *mars that DisadvO nagad Business . Enterprises as defined in 49 CFR Part 26, as amended. leave the maxinsan opportunity to Participate in 010 performance of contracts and this Agreement. In this regard, all racipients, and contractors shall fake 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. Grantee& recipients and their contractors shall not discriminate on the fasts 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 CFR Part 28 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restriction, Prohibitions. Control:. and Labor Prowlslons: 13.10 Equal Employm nt Opporhmilly: In connection with the carrying out of any project, the Agency Shall not discriminate against any employee or applicant for employment because of retie, ape, creed color, sax 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, sou, or national origin. Such action shall include, but not be limited to, the follows g: Employment upgrading, demotion, or transfer recruitment or tecrulbnent advertising; layoff or termination; rates of pay or otter foram of conpent at on: and selection for training, including apprenticeship. The Agency shall insert the foregoing provision nedified only to show the particular contractual relationship in all Its contracts in connection with the development or operedon of the project, except contracts for standard commercial supplies or raw materials, and shelf require all such contractors to neen a skniler provision in all subcontracts, except subcontracts for standard commercial supplies or raw materist 1Nhan the project involves aatonston, 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. 1320 Tide VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement conellutes a certification that the Agency will comply with all the requirements Imposed by rise VI of the Civil Rights Act of 1.964 (42 U.S.C. 21b00d, eL seq.). the Regulations of the Federal Departfent of Transportation Issued th ereurnder, and the assurance by the Agency lwrsuard thereto. 13.30 M VIII - Chdl Rights Aft of 1988: Execution of this JOlyd participation Agreement costitute$ a cartlficadon that the Agency will comply with all the requirements knposed by Title VU of the Civil Rights Act of 1966, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on tie basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Ex®adlon of this Joint Participation Agreement . constitutes a certification that the Agency wig comply with all the requrements imposed by the AD4 (42 U.S.C. 12102, eL seq.), the regulations of the federal govomment issued thereunder, and the assurance by ft Agency pursuant thereto. FAWWO wu,e raAsarwrnaoe am Parrhoeru 13.60 Prohibited Interests: The Agency shall not ants Into a congas «arangerrterht In caaxcUOn With the project or any property Inducted or Planned to be included in the projeck with any officer, director or employee of Ore Agency, or any business entity of which the officer, director or employee or the officer's, director's or erriployso's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, dirsaws or employee's spouse or child, or any combination of them. has a material interest "Materiel Interesr means direct or Indirect ownership of more Own 5 percent of the total assets or capital stock of any business entity. The Agency shell not enter into any contract or arrangement in connection with the pmjed or my property included or planned to be included in the pr4ec 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 «employee of the Agency. The provisions of this subsection shall not be applicable to any agreement batvraen 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, or Delegates to. Conpwaa: No member or delegate to the Congress of the United States shaft be admitted to any store or Part of the Agreement «any benefit adeing therefrom. 14.00 Mis"llansoos Provisions: 14.10 Environmental Pollution: Execution of this Joint participation Agreement conetiputes a ceNflcalion by the Agency that the project will be carried out in conformance with a0 epph 1 111 environmental regulations including the securing of any applicable permits, The Agency will be solely nopoaible for any liablliity in tits event of non- rompCwnce with applicable environmental regulation, 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 Parflaw The Department shall not be obligated or liable hereunder lo cry party other than the Agency. 14.30 When Rights and Rernk*o NotYgaivsd: In no evert Shan the me" by the Department of any payment to the Agency constitute or be construed as a weaver by So DepaMnnt of any breech Of covenant Of 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 WWI exist shag in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default 14.40 Now Agreement is AfTscbd by Provisions Being Hold lnv*Nd: 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 reWi emants of applloable law. 14.50 Bonus or Cornmtesion: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, arty bonus or commission for the purpose of obtaining an approval of ft application for the financing hereunder. 14.50 State or Territorial tavr. Nothing in the Agreement shall require the Agency to observe «enforce compnence with any provision thereof, pertorm 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 modifloslim s may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project yaaX1ROXVK rAVM am WP11au 14.70 Use and IlAatntenanca of project Feoludes and EgrdpmetC The Agency sprees that the project be mdn and equipment will be used by the Agency to provide or support public transportation for the period Of the useful 98 of by the such facilities and equipment as determined in accordance with facilities general a equipment a�� err for Ufa Department. The Agency further agrees to maintain the pmjacf useful life of said fociFtes or equipment 14.71 Properly Records: The Agency agrees to mWntWn property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.841 Disposal of Project Fee=" or Equoment: if the Agency disposes of airy project wily or equipment during its useful life for any purpose exoW is replacement with Iike facility or equipment for public transpodetion use, the Agency will con" with Me terms of 49 CFR Part 18 relating to property management standards. The Agency agrees 10 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 ffnanckV of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, fhb Agency shall htdansbfy, defend, acrd hold harmless pre. Department and all of Its officers. agents, and employees from any darn, loss, damage. cost, chorus. or expense arising out of any ad, error, omission, or negligent act by the Agency, Its agents, or employees, during the performance of the Agreement, except that neither the Agency, its a", or its employees will be Noble under this paragraph for any claim, Cosa, damage, cost, charge, or expense arlsing out Of any ad, error, Or iiasion, or neglyed ad by the Department or any of Us. officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of daim for damages that may have bean ceased 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 evahrate the Olson and report their findings to each other within fourteen (14) working days and will join* discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the pat8dpation 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 no* the Agency of a claim shall not act as a waiver of any right herein to require the perildpation In or defense of the claim by Agency. The Department and the Agency will each pay to own expanses for the evaluation, settlement nsgotiatioms, and trial, It any. However, I only one party participates in the defense Of the claim at trial, that party is responsible for all expenses at triaL 18.00 Plans and Specifications: In the event that this Agreement Involves. the purchasing of capital er firOWK or the constructing and equipping of foctGties, the Agency shall subrrdt to the Department for approval at appropriate plans and specifications covering the protect The Department win review all plans and specifications and will [sum to the Agency written approval with any approved portlorhs of On project and eammerts or recommendations concerning any remainder of the project deems appropriate After resolution of these comments and recommendations to the Depadmenrs satisfaction, the Department will IWO to the Agency wri0en approval with sold remainder of the proOd Failure to obtain this written approval atrell be sufficient cause for nonpayment by the Department as pry in 8.25. 16.00 Project Complatbn, Agency Cilpol atlon: The Agency will cw* in wdtYg on or attached b the Ind Invoice. that the project was completed in accordance wits applicable Mans and spocISCoNOM in in place on the Agency facility, that adequate tide is in ire Agency and that the project is accepted by the Agency as sualabls for the Intended PurPOS ®• 17.00 Approprfagon of Funds: 17.10 The State of Fliortda s performance end obligation to pay under this Agreement is contingent upon an amoral appropriation by the Legislature. PlaIF iMIW0lffAlleN OeW r�ixaa 17.20 Mult•Ysar CommNmant: In the event this Agreement N in excess of 526,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(e)(a), F.S., are hereby Incorporated: "(a) The DepaPoneK during any fiscal year, shall not expend money, incur any liability, or enter into arty contract which, by its terms Involves the expenditure of money in excess of the amounts budgeted as evailable for exparxMrs during such fiscal year. Any contract, verbal or written, made In violation of this subsection is null and void, and no money may Paid On contract. The Department shall require a statement from the comptroller of the Department that funds are available prior W entering into arty such contract or other binding commitment of funds. Nothing therein contained shall prevent the making of contracts for periods exceeding 1 year, but any centred so made strati be executory be incorporated n e services to be rendered or agreed to be paid for In succeeding fiscal years; and this paragraph Shall 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." 16.00 Explrstion of Agresment: The Agency egress to complete the project on or before 12r31r2009 . N the Agency does not camPida the Pn*d within this lima period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of TrArmortelion Development . Ehcpkation of this Agreement will: be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be Initiated. 16.10 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 wdxntitsd 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. AM words used in arty gender shall extend to and Include as genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed In a minimran of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall connttum one In the some instrument 21 A0 Roah CdOns on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been pad or will be paid by or on behall of the Agency, to any person for influencing or attempting to Wkwnca any dFcor or employes 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 ban, the entering into of any cooperative agreement, and the extension. 0ontInueRion, renewal. amendment or *d =0 of any federal contract grant, ban or cooperative agreement. If any funds other than federal appropriated funds have been paid by to Agency to any Person for tMhrmcin9 or attempting to influence an officer or employee of arty fedasal agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Joint Participation Agreement, the undersigned shell complete and wtxrit Standard Form -LLL, Jymicaure Form to Report Lobbying." In a000ndance with tit instnrctlons. The Agency shall require that the tanguage of this section be Included in the award documents for all subawa�a t ON trs a (including subcontracts, subgrents. and contracts under grants, bans and cooperative agreements) and subrocipients shall certify and disclose accordingly. agency. 21.20 State: No funds received pursuert to this contract may be expanded for lobbying the Legislature or a $to* I , mssaroes PUSMTPHldnnROM 9l0I Paps 19 dr4 22M Vendors Rights: Vendors (In this document ider+ffied as Al providing goods said services lb the Department should be aware of the following time Banes. Upon receipt, the Department 1105 five (5) wonting days to inspect and approve the goods and services unless the bid specifications, purchase order or contract speciflea olhawdae. 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 Letter of the date the invoice is received or the goods or services are received, inspected and approved_ If a payment is riot avellabte 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 bemuse 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 Deparhnerct A Vendor Ombudsman has been established within the Department of Fmw'CW Services. The duties of this individwd kcInde acting as an advocate for Agencies who may be e>rpererhcing problems in obtaining timely paynnent(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410.9724 or by calling the Department of Financial Services Flodine, 1- 804848.3792. 23.00 Public Entity pima: A person or affiliate who has been pieced 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 rat submit a bid on a contract with a public witty for the construction or repair of a public building or public work, may riot 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 conrail with any public entity, end may rat transact buses with arry public entity in excess of the threshold amount provided in a. 287.017, F.S. for CATEGORY TWO for a Period of 36 months from the date of being pieced on the convicted vendor list 24.00 Dlocrimkcatkm: An entity or affiliate who has been placed on the drsotrinstory vendor list may not submit a bid on a contract to provide any goods or services lo a public entity, may not submit a bid on a contrail with a public entity for the construction or repair of a public building or public work, may not submit bids on imam of real Property to a public entity, may not be awarded or perform wok as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public artily. J � M4" Misuc Twim.0 TAM" (sw Pap14dH il� IN WITNESS WHEREOF, the parties hereto have caused Itme presents be wocutad, the deft and year fast above wtltlen. FT 1 FOOT My of Delray Beech See II.., ^,,� ^^E�,,n,.w,,,�m.....,b,a7 arm of Funding AGENCY N ME APP '7 0wnMP*dW 1 4 E I S _ RENEw . SIGNATORY IFRINTED OR TYPED) OEPARIVE11T OFTRANSPMAPM A2 d4 A&ArQl� aIfYATU MPAKM*Wr OaAaMATM - WY�� M DMWW of TranapDriatlm Oeuelownerd TITLE 'M . Approved as to form and legal sufficiency: _ By: City Attorney 3 . FMNO. 422731-1- 4 CONTRACT NO. F)CULO T "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral pmt of that certain Joint Participation Agreement between the Star Deparmient of Transportation and City of Delray Beach. dated PROJECT LOCATION: Palm Beach County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide finding to the City of Delay Beach for Tri -Rail shunt service expansion. 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 ofstate 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 Deportment has 10 working days to review irrvoices after receipt of invoice package and corresponding progress report. S:%O&9Y4 Tnms MW- SPAIKAWRA ExbhbAw f f `WIWA , EXEDU 1T ~1341 PROJECfBUDGET This exhibit forms an itrtegtal part of that certain Joint Participation Agreement between t"he Sf4W iQfaFlorida, Department of Transportation and �1. City of Delray dated PROJECT COST: $360,360.00 Expenses related to Tri -Rail service expansion. U. PARTICIPATION: Maximum Federal Participation FTA, FAA ( %) or S Agency Participation In -Kind ( 0 *A) $0 . Cash ( 50 %) . or $ 180,160.00 Other ( 0%) so Maximum Department Participation, Primary (DS) (DDR) (DIM)(PORT)(TOP) ( Soft/,) or S 180;180.00 Federal Reimbursable (DUXCM)(DFTA) ( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST S 360r3".00 J N CO 1 t�NTK ACT NO. Q� PAGE lof2 EXHIBIT "C" (GENERAL, -.wlth Safety Requirements) This exh0nit forms an integral pert of that certain Joint Participation Agrcerment the State of Florida, Department of Transportation and the City of Delm Beach data) Qe) 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 Chapter 14- 90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. _ Fixed Guideway System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 14- 55. _ Fixed Guideway 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. I . FM NO. 7 1 CONTRACT NO. PAGE 2of2 EXHIBIT "C" This exhibit forms an integral part ofthat certain Joint Participation Agreement between the State f pJprida. Department of Transportation and City of Delray 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 3n° party contracts covering the projeet 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. Ouarterk i°roff�w Rmerh Dr+ovided ru( in d4fift+ QA darns of Ae end of (Are awsrttr S. Three (3) original Invoice Summaries and backup information including a progress report must be submitted to the District Office when requesting payment. Fm. Proj. No. :_422;'31-1-81&1 ContradNo.' Agreement IJate' $XHIW D PROJECT Am= R6Quml9Mm4 i The administration of resources awarded by the Department to City of Delray Beach may be subject to audits and/or monitoring by the Department, as described in this section mom in addition to reviews of audits conduced in accordance with OMB Circular A -133 and Sectim 215.47, F.S., as revised (see "AUDITS,, below), monitoring procedures may include, but not be limited m, on -rise visits by DeparWeat stalt 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 proceduas/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipients is appropriate, the recipient agrees to comply with any additional Instructions provided by the Department staff to City of Delray Beach regarding such audit. City of Delray Beach further agrees to comply and cooperate with any inspections, reviews, investigations, or edits deemed necessary by the FDGT's Office of Inspector General (GIG) and Florida's Chief Financial OM= (CFO) or Auditor General. PARS l: FEDERALLY FUNDED Recipients of federal fiords (Le. stare, local gova=VK Or mhn profit organimrighs as dunned in OMB Clrcula A -133, as revised) are to have audits dome normally uslog the following criteria: 1. In the even that the recipient expends SSM,000 or mere in Federal awards in its fiscal year, the recipient must have a single or prognam- specific audit conducted in accmdahce with the provisions of OMB Circular A -133, as revised. EuRB1T 1 to this agreement indicam Federal resoutes atvardcd ftw* the Deparmem by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, incfiding Federal resources received from the Department. The determination of amounts Of Federal awards expended should be in accordance with the guidelines establish 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-03, as revised, will men the requirements of this part. 2. In connection with the audit requirements addressed in Pert 1, paragraph 1., the recipient shall fidf30 the requirements relative to auditee responsibilities a provided In Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than 5500,000 in Federal awards in its fiscal year, an edit conducted in accordance with the provision of OMB Circular A- 133, as revised, is not required downer, if tba recipient ekKa to have m audit conducted in accordance with the provisions of OMH Circular A- 133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the east of such an audit must be paid from recipient resources Obtained from usher than Federal entities). .. d. Federal awards are to be identified using the Catalog of Federal Domestic Asmastmce (CFDA) We and number, award number and year, and came of the awa ding federal agency. Joint Participation Agremram()PA) Ex h" D Page 1 ofS Fin. Proj. No.: 4 - Contract No.: Agreement Deft. PART U: STATE FUNDED Recipients of state funds (Le. a nonst to entity as defined by Section 215.9±(2)(1?. Florida Statutes) are to have audits don annually using the following criteria: I. In the event that the recipient expends a total wnmm of state fmanchd assistance equal to or in excess of 5500 000 in any fiscal year, the recipient roust have a State single or project- spec'ffiC audit for such fiscat year to accordance with Section 215.97, Florida Statuus: applicable rules of die Aeparancut of Financial Services and die CFO; and Chapters 10.550 (Intel govemtnereal entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I 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 finarcal assistimm, including sate fmmcial assistance received from the Department other ante agaruie4 and other nonstnte entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal Prograrn matching requirements. 2. In connection with the audit requirements addressed to Pmt D, paragraph 1, the recipient stall Cosine the the Audi complies with the requirements of Section 215.97(7), Florida Stntuaes. This Includes nbrassion of a financial reporting package as defined by Section 215.97(2)(d), Florida Starnes, and Chapters 10.550 (local govtsmmetal entities) or 10.650 (nonprofit and for-profit organizations), Rules of die Audhor General. 3. If the recipient expends less than 5500,000 in state financial assletetim in its Sacal year, su Smith conducted in accordance with the provisions of Section 245.97, Florida Suatutes, is not required.. However, if the recipient elects to bave an audit conducted her accordance with the provisions of Section 21 SA7, Florida Stanms, the cost of the audit must be paid from the nonstate entity's resources (i e., the tout of such an audit must be paid Gam the recipient's resources obtained from other then State amities)_ 4. State awards am to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award otmtber and year, and name of the state agency awarding tt PART II: OTHER. AUDIT REQUIREMENTS The recipient shall follow up and take eortective action on audit fudmgs. Pfgws sou of a sm mary schedule of prior year audit findings, including corrective action and auretn status of the audit findbugs is required. Current year audit findings require corrective wine and state of findings. - Records related to uuuesmlved audit fioding% appeals, or litigation shalt be retained until the action is completed or the dispute is resolved Access to project records and audit work Papas shalt be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not trait are aulhorily of the Deparmxm to conduct or arrange for the conduct of additional audits or evaluations of stare financial assistance or limit the authority of my other state official. s f N h PART W. RBPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Chwlw A -133. as revised, NO required by PART I of this agre m at shall be mbrnitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behallofthe recipient difeclly to each of the following: A. The Department at each of the foltowhhg addresses: FMda Deparivatent ofTremporUdOn Office of Modal Development 3400 West Commercial BMIcvafd Fort kaadevdale, Flotilla 33309 -3421 B. The Federal Audit Clearinghouse designated in OMB Chcwder A =133, as revised (dfa number of copi es earinghouse), at the folouring address: , Circular A- 133, as revised, should be submitted to the Federal Audit Federal Audit Cleathwhouse Bluest oftbe Census .. 1201 East Ida Street 7effetsonvilie, IN 47132 C. Other Federal agencies and pass4h ough Centres in accordance with Seakas 320 (a) and (fj, OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of thk agreement and andads d in accordance with OMB Ch'cular A- 133, as revised, is not "bed to be submitted to the Lkparrawat for reasons Manton to section .320 (e)(2), OMB Circular A- 133, as revised, the recipient shell submit the regtked written notification pursuant to Section 320 (ex2) and a copy of the recipient's audited schedule of wgwm(ktaea of Fa end awards d dyltlt to each of the following: Florida Department of Tsaspodation Office ofModa1 Development 3400 Wed Commaciall3onlevard Fat Lauderdale, Florida 33309 -3421 in adddM Mustang to Section 320 (t), OMB Circular A- 133, as revised, the recipient shall subukk a copy of the reporting package described in Section . 320 (c), OMB Circular A -133, as revised, and any management letters issued by the audkor, to the Department at each of the following addresses: Florida Depatmeot ofTra "Wation Office of Modal Development 3400 west Commxcisl Boulevard Fort Lauderdale, no" 33309 -3421 . r Fm. No.:_ Contract No.: Agreement Di 3. Copies of financial reporting packages required by PART 11 of this agttement shall be submitted by or on bdalf of the recipient dhcaly to eaob of the following: A. The Department nt each of the followbg ad&esm: Florida.Depettumn of Transportation office of Modal Development 3400 West Commercial Boulevard Fort Lsuderdale.'FIM& 33309 -3421 B. The Auditor Games Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Stmet Tallahassee, Florida 323991450 4. Copies of reports or the management letter required by PART III of dds sgmement shall be submitted by or on behalf of die recipient dirXily to: A. The Department at each of the following addresses: Florida Depemnem ofTnsospm IOD Giiice of Modal Development 3400 West ComraaeW Boulevard Fort Lauderdale, Florida 33309.3421 5. Any rePor% managemaot letter, or other information required to be sabmlAted to the Depertmeet ptwsuW to this agreement shall be submitted timely in accordance with OMB Circuhr A -133, Florida Statutes, and Chapters 10.550 (local governmental amities) or 10.650 (rwsprofd and for -profit orpnimtions), Rulers of the Auditor General, as applicable. 6. Recipient, when submitting financial reporting packages to the Department for as lits done in accordance with OMB Circular A433 or Chapters 10.550 (brad govemmeatsi entities) or 10.650 ( oo-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in carespoodence accompanying the mpDrting Package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the tams ofthis sgteemI ant for a period of at least five years from the date the audit report is issued, and sluli allow the Department, or its designs. CFO, or Auditor General access to such records upon request. The recipient shell ensure tea audit workimgpapers are made available to the Department, or its designs, CFO, or Audit" Genand 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. Fin. Pr0j. No.: Contract No. Agreement Date EXIMIT —I FEDERAL RESOURCES Eadazil Aeencv Catalog of Federal Domestic Assbtaoce (Nomba & Tiekl Am N/A N/A $0'0 L 2. 3 STATE RESOURCES State Aaencv Caea!oe of State Finaocia! Ansi(SM (Number A Title l Amraurt Dept of Transportation 55.012 Public Transit Service Development Program 8180,180 Gbiectives 1. To provide futtdiog for projects involving the are of mew ted10010910% services, routes, or vehicle fiegmeneiea: . for purchases of special transpane2ion services and other todmiques far increasing advice b the riding Public a ate: appiicable to specific localities and trarmit user groups; and for projects utvolving the application of new technologies of mothodologies for improving operations, maiateoaoce, and marketing is public hams'[ systems. NOTE: Section A00(d) of OMB Circular M133, as reviork and Sedbm 2M97(S)(4 Florida Statutes, require that the'nformattoo about Federal Programs and State Projects included to Exhibit t be provided to the retipk" MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 13, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION NO. 07- 08 /FDOT /JPA /SHUTTLE EXPANSION ITEM BEFORE COMMISSION The item before the City Commission is that of approving a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to accept grant funding in the amount of $180,180 over the next three (3) years to fund the expansion of the Downtown Roundabout Shuttle System. BACKGROUND At the City Commission workshop of February 12, 2008 staff was directed to proceed with finalizing a grant from the FDOT in the amount of $180,180 over a three (3) year period to expand the Downtown Roundabout Shuttle Service. The proposed expansion is to add a third bus to augment Route 1 between Tri Rail and the Beach. The grant is a 50 % -50% matching funds grant, totaling $180,180.00 for a three (3) year period ($60,060.00 per year). The proposed expanded schedule, Monday through Friday, 7:00 AM to 7:00 PM, at the current cost of $38.50 per hour, would cost a total of $120,120.00 per year (60 hrs. per week @ $38.50 = $2,310 x 52 weeks = $120,120.00 per year). The following is the annual funding for the expansion: -FDOT: $60,060 per year -CRA: $30,030 per year -City: $30,030 per year Attached for your review is the Joint Participation Agreement that must be ratified in order to receive the grant funding. The City Attorney's office has reviewed the document and attests to it's legal sufficcciency. REVIEW BY OTHERS The CRA, at its meeting of January 10, 2008, confirmed its commitment to contribute to funding the proposed expansion of service. FUNDING SOURCE The shuttle service is currently funded through account # 001 - 3151 -545- 34.90. RECOMMENDATION By motion, approve the Joint Participation Agreement, accepting the grant from the Florida Department of Transportation in the amount of $180,180 over the next three (3) years to expand the Downtown Roundabout Shuttle System. RESOLUTION NO. 07 -08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORATION FOR FUNDING OF THE TRI -RAIL SHUTTLE SERVICE EXPANSION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation Agreement for funding of the Tn -Rail shuttle service expansion, and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY T14E CITY COMMISSION OF TIE CITY OF DELRAY 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 2008. MAYOR ATTEST: City Clerk VATS OF FOR i'F9. Mnrre? of TNMNFONTATCIi PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT rl&M Plel,C TRAN ®MTATIOIi rea F.p„ W „ Financial Project No.: Fund: DDR FLAIR Approp.: 0W774 42273118401 Function: 215 FLAIR (M.: 750012 Federal No.: N/A Org. Code: 55042010429 Contract No. DUNS No.: N/A Vendor No.: F596000308028 CFDA Number. N!A CSFA Number: 55012 THIS AGREEMEM, 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 seine Department, and CNy of Delray Beach . —_. 434 S. Swinton Avenue Delray Beach, Florida 33444 _ hereinafter referred to as Agency_ The Department and Agency agree that all terms of this Agreement will be completed of or before 12/31!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 eater 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 341 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 to provide funding to the City of Delray Beach for Tri-Rad shuttle service expansion, and as further described in Exhibit(s) A,B,C,D attached hereto and by this referenne made a part hereof, hereinafter referred to as the pro1ea'�to rov3e biloii nantsf financial assistance to the Agency and date the terms and conditions upon which such assistance win be provided and the understandings as to the manner in which the project win be undertaken and txxnpleted. M �� rAnD am PW2dr. 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 slurs 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 $ 380,380.00 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 5 180,180.00 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 obhgai ing 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 O is @ 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 partkpation as shown in paragraph 4.00. 8.00 Retalnags : Retainage 0 is © is not applicable. If applicable. WA 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. R�K'1AAN6o0ITATxY1 Om PYr3d% 6.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepered by the Agency and approved by the Department The Agency shall maintain said budget, carry out the project and shell 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. 11.20 Payment Provisions: Unless otherwise allowed under Section 420, 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: T.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidefineslprocedures and "Principles for State and Local Governments", separate accounts to be maintained within is 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 shag appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit insurance Corporation, ail payments received by it from the Department pursuant to this Agreemerd and all other funds provided far, 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 shag 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 shat 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, shat be supported by property 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 Rem 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 office of the Agency staling 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 shat be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.50 Audit Reports: In addition to the requirements below, the Agency agrees to comply and gate with any monitoring procedures1processes deemed appropriate by the Department, including but not Fmted 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 oomph/ with all audit and audit repotting requirements as specified in Exhibit "0" attached hereto and Gy this reference made a part hereof this Agreement. aurn>c,e,vrsroar. nit, 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 appropnate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, s e�Agen'cy aghreeAs ttonco comply with any additional instructions provided by the Deparmant staff to the Agency regarding 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 AA 33, 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 1. Paragraph i., the recipient shall tuf ill the requirements relative to auditee respons+biilities 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 OMS 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 ii State Funded: if the Agency is a nonstate entity as defined by Section 215.97(2Hm), 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 5500, 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 to.550 (local govemmental 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 pass4hrough awards arid 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)(e), Florida Statutes, and Chapter 1D.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3 if the reciplent 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 pair from the recipient's resources obtained from nonstate entities. 4. State awards are to be ideri ifred using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it raaanm nsic raysoosnnorr oast vp.sau Part 111 Other Audit Requirements 1, The Agency shall follow -up and take corrective action on audit findings. Preparation of 9 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 stall 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 tollowtng� A. The Department at each of the following addresses: Florida Department of Trenspatetion Office of Modal Development 3400 Wit Commercial Blvd Fort Lauderdale, Florida 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, subrnided 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 1 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 CircularA -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Tran3po(tetion Office of Modal Development 3400 West Commercial Blvd Fort Lauderdale. Florida 33309 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shelf 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: Florida Deparmentl of Transportation Office of Modal Development 3400 West Commercial Btvd Fort Lauderdale, Florida 33309 RI�,G TRA SPORTAT1pH OSQr ppb9dN 3. Copies of financial reporting Packages required by Section 7.62 Part It 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' Florida Department of Transportation Office of Modal DevebPmeO 3400 West Commercial Svd Fort Lauderdale, Florida 33309 B. The Auditor General's Office at the following address: Auditor Generars Office Room 401, Pepper 13irilding 111 West Madison Street Tallahassee, Florida 32389-14511 4. Copies of reports or the management letter required by Section 7.62 Part Ili of this Agreement shall be submitted by or on behalf of the recipient directly to: A The Department at each of the following addresses: FOlds Department of Transportation Office of Modal Development 3400 West Commercial Blvd Fort Lauderdale, Florida 33308 meet uant to this 5, Any reports, management letter, or other information required to be submitted to the Depart p urs Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for -profit 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 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, end shall allow the Department, or its designee, the C FO 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 7.64 Other Requirements: tf 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 Depwbnent 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, 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 fife of such equipment or facilities. in the event of the less 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. gpxrc'rpANBpORTAmxxi OBO pprtdv 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 4 Public Transportation Office 3400 West Commercial Blvd Ft Lauderdale . FL, 33309 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 postaudli 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.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency cef*niq that the Agency has acquired said real properly, 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 arty federal oversight agency and with all state laves, rules and procedures that may apply to the Agency acquiring the rest 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 applk:etion, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Utigation: 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 ft project, the Agreement, or payments to the project: 823 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 obigabons 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. 826 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 alt federal financial assistance as detailed in Exlutit "B." 8.30 Disallowed Coats; In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, 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 r PIIBI.M 1eAMWOrtrAPOx 0lpl crOr Baf i� 8.40 Payment oAset if, after project completion, arty claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Departrent 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 4, 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 Generoily: if the Agency abandons or, before compilation, finally discontinues the project: or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.28 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 of suspension notice under this paragraph, the Agency shall proceed prompty 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 tie 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 Deparbment such portion of the financing and any advance payment previously received as is determined by the Department to be clue 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 tiro- The approval of a rern tance 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 ON project costs payable from the project account is mode, 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 Oepertmenrs authorized representatives to inspect at 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 sW 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. nom ,,ua.H: mwsaoarrnox rear ap.cau 12.20 Compliance with ConsuOarrts' Competitive Negotiation Act: O 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 an cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in cornpl+anoe with the Consultants Competitive Negotiation Act 12.30 Disadvantaged Business EMarpriae (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 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 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 riot 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 CFR Pert 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: 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, greed, 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 trot be limited to, the following: Employment upgrading, demotion, or transfer; recruitment o recruit nest 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 shag require all such contractors to insert a sinnlar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Wham 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. 1320 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. 20004, at. 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 1960: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements Imposed by Title VilI of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on OHS bps of race, color, national origin, creed, sex, and age. 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 therein. TMd96LB MOM TRAaePWrAT1014 PA 10&14 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 officer's, director's or employee's spouse or chili, 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. 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, or Delegates to, Congrwo: No member or delegate to the Congress Oft" 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 noncompffance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedios Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver byihe 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 ordefaufl. 14.40 How Agreement Is Affected by Provisions Being Hold InvaOd: If arty provision or 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 Comm [salon: 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 appfrcation for the financing hereunder. 14.00 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce oomphance with any provision thereof, perform any other act or do arty other thing in contravention of any applicable Slats law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once Potty 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. h PUBLIC hRM&PORTATm CBV7 Pq.tld% 14.70 U" and Maintenance of PwJect Facilities and Equipment The Agency agrees that the Project factittis 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 pnincchptas 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 of 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 14.80 Contractual Indemnity: To the extent provided by taw, the Agency shag 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, lose, damage, cost, charge, or expense arising out of any ad, error, the Agreement or negligent act by the Department or any of its officers, amts, or employees during the performance 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 wilt 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 I this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of arty 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 parry is responsible for all expenses at trial. 16.00 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 specfications and will issue to the Agency written approval with any approved portions of to project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departments satisfaction, the Department win 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 I 8.23. 1&00 Project Completion, Agency Certificstlon: The Agency will certify in writing on or attached 10 the fire[ Invoke, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate We is in the Agency and that the project is accepted ted 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. rseanas V CTRAH VOPTAI OSRr P,,m lI a +r 17.20 Multi -Year Commitment: In the event this Agreement le In excess cif E25,000 and has a tens for a period of more than one year, the provisions of Chapter 339.135(8)(x), F.S., are hereby incorporated: "(a) The Depsirtment, during any fiscal year, shalt not expend money, incur any liability, or enter into any contract wh#t, by its terms involves the expenditure of money In excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of 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 12!312009 . If the Agency does rot 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 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 invokes submitted after the 120 day time period will not be paid. 1910 Agreement Format All words used herein in the singular form shall extend to and include the plural. All extend al and words used In the plural form shall extend to and Include the singular. All words used in any gender 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 amployee 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 Hers (including subcontracts, subgrents, 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. > Ij10.0 TkAN&AORfATkW 0511) ry.la a rA 22-08 Vendor Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of Ste 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 wlth 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 ind(v6dual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment($) from the Department. The Vendor Ombudsman may be contacted at (850) 410.9724 or by calling the Department of Financial Services Hotline, 1$00.8483792. 23.08 Public Err" Crime: A person or affiliate who has been placed on the convicted vendor list follow" 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 wort 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 of ftW who has been placed on the discriminatory vendor lest may not submit a bid on a contract to provide any goods or services td 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. rim" PUBt1C TRANSPORTATION O5W PW 14 d14 Financial Project No. 42273118401 Contract No. Agreement Data IN WITNESS WHEREOF, the parties heretO have Caused these presents be executed, the day and Year first above written. AGENCY City of Delray Beech AGENCY NAME SIGNATORY (PRINTED OR TYPED) M See attached Enwmb ante Form for date Of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SKRWURE DEPARTMENT OF TRANSPORTATION DirecW of Transportation DevelOPrnent Tine FM NO. 422731 -1 84 01 CONTRACT NO. EXEMIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit fors an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Ci1Y of Delray Beach dated PROJECT LOCATION: Palm Beach County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide funding to the City of Delray Beach for Tri-Rail shuttle service expansion. 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 Department's contract number, Financial Project Number and the Federal identification number, where applicable, and the amount of state finding 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. 3:10MD 4W Tm&jAMiec. JPA bms%WA E*ibftdm FM NO. 422DI.1 -84-01 CONTRACT NO. _ 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 City of NLMy Beach. dated I. PROJECT COST: Expenses related to Tri-Rail service expansion. U. PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In-Kind Cash Other Maximum Department Participation, Primary (DS) (DDR) (DIM)(PORTXTOP) Federal Reimbursable (DUXCM)(DFTA) Local Reimbursable (DL) TOTAL PROJECT COST $360.360.00 ( %) or $ ( 0 %) $0 ( 50 %) or $ 180,180.00 ( 0 %) $0 ( 500%) or $ 180,180.00 ( %) or $ ( %)or$ S 360,360.00 FM NO. 422731 -1 -84-41 CONTRACT NO. PAGE loft 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 the City of Delrav Beach dated 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 Chapter 14- 90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14 -90 and has performed annual safety inspections of all buses operated. Fixed Guideway System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, Pursuant to Rule Chapter 14- 55. Fixed Guideway 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. FM NO. 42272 1 -84AI CONTRACT NO. PAGE 2 of 2 EXHIBIT "C" This exhibit forms an integral part ofthat certain Joint Participation Agreement between the State of Florida, Department of Transportation and city of Delray 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 3`d party contracts covering the project for Departmental approval. 2. Copies of all correspondence related to this project. 3. Audit Reports as described in Section 7.50 of this JPA_ 4. Or a.terb Progrm o.yorls provided wht:,in thh* aD days of the end of dre quarter. 5. Three (3) original Invoice Summaries and backup information including a progress report must be submitted to the District Office when requesting payment. Fin, Proj, No•: 422731 -1 -84-01 Contract No.: _ Agreement Date: EXHIBIT D PROJECT AUDTT REQUIREMENTS The administration of resources awarded by the Department to City of Delray Bench may be subject to audits and/or monitoring by the Department as descnbed in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., 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 Polly with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional insuthcaons provided by the Department staff to City of Delray Beach regarding such audit. City of Delray Beach further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FOO'f's Office of inspector General (01G) and Florida's Chief Financial Officer (CFO) or Auditor General. PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, Or 17011-profit orgaoima ions as defined in OMB Circular A433, 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 have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXMBIT I to this agreement indicates Federal resources awarded through the Deportment 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 Depatiment 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 requtiremeras of this part. 2. to connection with the audit requirements addressed in Part 1, paragraph l., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 1 If the recipient expends less than $500,000 in Fedeml awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have am audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the coat 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. 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. joint participatdoo Agreement (jPA)Bxhbit D page 1 of 5 Fin. Proj. No.: 422731 -1-84 Contract No.: Agreement Date: PART 11: STATE FUNDED Recipients of state funds (Le. a nonstate entity as defined by Section 215.97(2x1), Florida Statutes) are to have audits done annually using the following criteria: 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 smelt fiscal yea in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters I(1.550 (local govemmertal entities) or 10.650 (nonprofit and for-profit organirationa). Rules of the Auditor General, EXHIBIT I to this agreement indicates state firtancial 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 fuurncial assistance, including state financial assistance received from the Department, other state agencies, and other 13005tate Cotes. State financial assistance does not include Federal direct or pass - through awards and resources received by a noostwC entity for Fedard program matching requiremcnts. 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(2xd), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expands less than 5500,000 in state financial essistaoce in its fiscal year, an audit conduced in accordance with the provisions of Section 215.97, Florida Statutes. is not required_ However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from die uonstate 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 Catalog of State Financial Assistance (CSFA) title and number, award number and year, and mane of the state agency awarding it PART M- OTHER AUDIT REQUIREMENTS 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 Current status of the audit findings is required. Current year audit findings require corrective action and am= of findings. 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 papas shall be given to the FDOT, the Department of Financial Services, 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 evaluation$ of state financial assistance or limb the authority of any other state official. Joini PerMipation AV =CM (JPA) Exhibit D Page 2 of 5 Fin. Ptoj.No.: 422731 -1- 840!__ Contract No.: Agreement Date: PART IV: REPORT SVBMISSiON 1. Copies of reporting packages for audits conducted in accordance with OMB Circular AAA as revised, and required by PART 1 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the rccipkTa dvecHy to each of the following: A. The Department at each of the fallowing addresses: Florida Department of M115130ttation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 -3421 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections 320 (d)(l) and (2), OMB Circular A- 133, as revised, should be submmed to the Federal Audit Clearinghouse), at the following address' Federal Audit Clearinghouse Bureau of the Census 120) Fast 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- dwough entities in accordance with Sections 320 (e) and (f), OMB Circular 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 Circular A -133, as revised, is not required to be submitted to the Department for pursuant to section 320 (eX21 OMB Circular A- 133, as revised, the recipient shell submit the required written notification pursuant to Section .320 (eX2) and a copy of the recipient's audited schedule of expenditures of Federal awards ddi[MU to each of the following: Florida Department of Transportation Office of Modal Developmern 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 -3421 in addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a COO m oler� reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any manage issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial BOUkvtrd Part Lauderdale, Florida 33309 -3421 joint participanon Agreement (JPA) Exhibit D Page 3 of 5 Fin. Proj. No.: 422731-1- h14-OI Contract No.: Agreement Date' 3. Copies of financial reporting packages requi red by 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: Florida Department of Traasportatic" Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 -3421 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building I I I West Madison Street Tallahassee, Florida 32399.1450 4. Copies of reports or the management letter required by PART III of this agrecmen shall be submitted by or on behalf of the recipient 4IMPAY to: A. The Department at each of the following addreases: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 -3421 5. Any reports, managcmmnt letter, or other information required to be submitted to the Department pwsuamt to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Cbaptcrs 10.550 (Iota] governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department fit 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 repotting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shalt retain sufficient records demonstrating its compliance with the tetras of this agreement few a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee. CFO, or Auditor General access to such records upon request. The recipient shall mum that audit working papers are mink available to the Department, or its designee, 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. Joint Participation Agreement (JPA) Exhibit D Page 4 of 5 Fin. Proj. No.: 4W31-1-84-01 Contract No.: Agreement Date: EXHIBIT —1 FY,pcRALRESOURCES Federal Aaencv Cam3oa gUedual Domestic &§J1Umee Mmnba iC Title) Amourn NIA NIA SO'00 Objectives I. 2. 3. STATE RESOURCES State Aaencv Cec i"" of a= Financial Assistance Mumber & Titk) Amount Dept of Transportation 55.012 Public Transit Service Development Program $180,180 I . To provide funding for projects involving [be use of new technologios, services routes, or vehicle frequencies; for purchases of special transportation services and other techniques for inumasing service to the riding public as are applicable to specific localities and transit user groups; and for projects involving the application of new technologies or methodologies for improving operations maintenance, and marketing in public transit systems. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(S)(4 Florida Statutes require that the information about Federal Programs and State projects included in E:bibit I be provided to the recipient. Joint Participation Agreement (JPA) Exhibit D Page 5 of 5 Florida Department of Transportation JEB BUSH OFFICE OF MODAL DEVELOPMENT DENVER J. sruTLER, JR. GOVERNOR 3400 West Commercial Boulevard SECRETARY Fort Lauderdale, FL 33309 -3421 Phone: (954) 777.4490 Fax: (954) 677 -7892 November 30, 2006 Mr. Scott Aronson Parking Management Specialist City of Delray Beach 100 NW 1 "Avenue Delray Beach, FL 33444 Mr. Aronson: Subject: FY 2007/2008 FDOT Service Development Discretionary Grant Request The Florida Department of Transportation Office of Modal Development received nearly $2,000,000 in requests for FY 2007/2008 Service Development Grants. The District however, was awarded $1,300,000 and therefore will fund your grant request as follows: Shuttle Expansion to Tri -Rail Station - $180,180 state funds/$180,180 local matching funds Please note that funds will not be available until July 2007. A Joint Participation Agreement will be sent to your attention in Spring 2007. Keep in mind that this project cannot begin until the Joint Participation Agreement is signed by both parties. If you have any questions, you may contact me at (954) 777 -4365 Sincerely, Lisa Peterson Transit Planning Coordinator cc. Larry Merritt, FDOT Paula Scott, FDOT File: S; \0MDW830.60 Service Development\Service Development DiscretionaryTY 07 -08 www.dot.state.fl.us e,P1OEOp M, ®r RIDERSHIP DATA Rte 1 Rte 2 Avg Avg. Avg. See Week Riders Avg Cost Riders Riders Notes on Ending Route 1 Route 2 Total Per Hour Per Rider Per Hour Per Hour page 2 1/28/07 171 201 372 2.4 $ 15.83 2.0 3.1 2/4/07 188 252 440 2.9 $ 13.39 2.2 3.9 2/11/07 198 269 467 3.1 $ 12.61 2.3 4.1 2/18/07 210 259 469 3.1 $ 12.56 2.5 4.0 2/25/07 195 283 478 3.1 $ 12.32 2.3 4.4 3/4/07 197 276 473 3.1 $ 12.45 2.3 4.2 3/11/07 200 294 494 3.2 $ 11.92 2.4 4.5 3/18/07 235 335 570 3.7 $ 10.33 2.8 5.2 3/25/07 199 271 470 3.1 $ 12.53 2.3 4.2 4/1/07 186 281 467 3.0 $ 12.65 2.2 4.3 4/8/07 213 329 542 3.5 $ 10.90 2.5 5.1 4/15/07 465 569 1034 6.7 $ 5.72 5.4 8.8 4/22/07 206 328 534 3.5 $ 11.07 2.4 5.0 4/29/07 181 235 416 2.7 $ 14.21 2.1 3.6 5/6/07 241 315 556 3.6 $ 10.63 2.8 4.8 5/13/07 223 311 534 3.5 $ 11.07 2.6 4.8 5/20/07 230 410 640 4.2 $ 9.23 2.7 6.3 5/27/07 218 422 640 4.2 $ 9.23 2.5 6.5 6/3/07 202 371 573 3.7 $ 10.31 2.4 5.7 6/10/07 211 316 527 3.4 $ 11.21 2.5 4.9 6/17/07 271 486 757 4.9 $ 7.81 3.2 7.5 6/24/07 269 429 698 4.5 $ 8.47 3.1 6.6 7/1/07 284 422 706 4.6 $ 8.37 3.3 6.5 7/8/07 275 521 796 5.2 $ 7.42 3.2 8.0 7/15/07 258 430 688 4.5 $ 8.59 3.0 6.6 7/22/07 292 464 756 4.9 $ 7.82 3.4 7.1 7/29/07 268 511 779 5.1 $ 7.59 3.1 7.9 8/5/07 299 456 755 4.9 $ 7.83 3.5 7.0 8/12/07 273 403 676 4.4 $ 8.74 3.2 6.2 8/19/07 332 456 788 5.1 $ 7.50 3.9 7.0 8/26/07 293 334 627 4.1 $ 9.43 3.4 5.1 9/2/07 313 535 848 5.5 $ 6.97 3.7 8.2 9/9/07 298 367 665 4.3 $ 8.89 3.5 5.6 9/16/07 324 463 787 5.1 $ 7.51 3.8 7.1 9/23/07 362 404 766 5.0 $ 7.72 4.2 6.2 9/30/07 324 409 733 4.8 $ 8.06 3.8 6.3 10/7/2007 310 417 727 4.8 $ 8.13 3.6 6.4 10/14/2007 375 474 849 5.5 $ 6.96 4.4 7.3 10/21/2007 384 352 736 4.8 $ 8.03 4.5 5.4 10/2812007 391 436 827 5.4 $ 7.15 4.6 6.7 11/4/2007 382 378 760 5.0 $ 7.78 4.5 5.8 11/11/2007 373 438 811 5.3 $ 7.29 4.4 6.7 11118/2007 283 451 734 4.8 $ 8.05 3.3 6.9 11/25/2007 387 495 882 5.8 $ 6.70 4.6 7.6 12/2/2007 427 539 966 6.3 $ 6.12 5.0 8.3 Week Rte 1 Rte 2 Ending Route 1 Route 2 Total 12/9/2007 420 413 833 12/16/2007 487 483 970 12/23/2007 469 522 991 12/30/2007 472 590 1062 1/6/2008 516 691 1207 1/13/2008 481 470 951 1/20/2008 556 513 1069 1/27/2008 516 502 1018 TOTALS 16,333 21,581 37,914 NOTES: * Calculated without expanded 1/2 hour for Route 1 to Leave Tri Rail at 8:00 PM with passengers. ** Conference at Marriott First Night 12/31/2007 - After hours service to 1:00 AM - Route 1 = 110 additional passengers Route 2 = 256 additional passengers Rte 1 Rte 2 Avg Avg. Avg. See Riders Avg Cost Riders Riders Notes on Per Hour Per Rider Per Hour Per Hour page 2 5.4 $ 7.09 4.9 6.4 6.3 $ 6.09 5.7 7.4 6.5 $ 5.96 5.5 8.0 6.9 $ 5.56 5.6 9.1 7.9 $ 4.90 6.1 10.6 6.2 $ 6.21 5.7 7.2 7.0 $ 5.53 6.5 7.9 6.7 $ 5.81 6.1 7.7 NOTES: * Calculated without expanded 1/2 hour for Route 1 to Leave Tri Rail at 8:00 PM with passengers. ** Conference at Marriott First Night 12/31/2007 - After hours service to 1:00 AM - Route 1 = 110 additional passengers Route 2 = 256 additional passengers