2000-24156 RESO
RESOLUTION NO. 2000-24156
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A JOINT
PARTICIPATION AGREEMENT (JPA), BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF
MIAMI BEACH, AWARDING $150,000 IN FISCAL YEAR 2000-01 SERVICE
DEVELOPMENT FUNDS TO THE NEW COLLINS AVENUE ROUTE OF
THE ELECTROWAVE SHUTTLE SERVICE; APPROPRIATING THE
FUNDS AS PART OF THE FISCAL YEAR 2000-01 ELECTROWAVE
OPERATING BUDGET; AND ACKNOWLEDGING THAT THESE NEW
FUNDS, DEDICATED TO THE COLLINS AVENUE SERVICE, ARE
MEANT TO REPLACE, IN THE FY 2000-01 ELECTROWAVE BUDGET,
THOSE FDOT FUNDS THAT WILL EXPIRE JANUARY 20, 2001, THE
THIRD ANNIVERSARY OF THE ORIGINAL ROUTE SERVICE.
WHEREAS, the adopted FY 2000-01 Electrowave Operating Budget includes Service
Development Program funds from the Florida Department of Transportation (FDOT), which are
dedicated to the original shuttle service, the Washington Avenue route; and
WHEREAS, the Service Development Program funds any given transit route service for
three calendar years only, and such funds are due to expire on January 20, 2001, the third anniversary
of the original route service, if not fully expended through this date; and
WHEREAS, at the FDOT-designated rate of 36.51% of total original route service
expenses, the City may not be able to recover all the existing FDOT funds; and
WHEREAS, FDOT has recently identified $150,000 in funds for the new Collins Avenue
Route, to substitute, in the present Electrowave budget, those funds that the City may not be able to
recover under the original route funding; and
WHEREAS, the $150,000 identified by FDOT for the Collins Avenue route requires an
equal local match, which is already provided for in the adopted Electrowave budget; and
WHEREAS, this is a pre-qualified agreement for a new route service that may begin upon
execulion of this JP A, with understanding that the State funds for reimbursement will be available
July 1,2001, pending Legislative approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a Joint Participation Agreement
(JPA), between the Florida Departmenl of Transportation (FDOT) and the City of Miami Beach,
awarding $150,000 in Year 2001 Service Development Funds to the new Collins Avenue Route of
the Electrowave Shuttle Service; appropriate the funds as part of the Fiscal Year 2000-01
Electrowave Operating Budget; and acknowledge that these new funds, dedicated to the Collins
Avenue service, are meant to replace in the FY 2000-01 Electrowave Budget, those FDOT funds that
will expire January 20, 2001, the third anniversary of the original route service.
PASSED AND APPROVED this the 8th
day of
November
,2000.
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MAYOR
ATTEST:
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CITY CLERK
APPROV1:D AS ro
FORM & LANGUAGe
& FOR EXECUTION
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CITY OF MIAMI BEACH
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. <?32' - (J()
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: November 8, 2000
Jorge M. Gonzalez
City Manager
~~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A JOINT
PARTICIPATION AGREEMENT (JPA), BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF
MIAMI BEACH, AWARDING $150,000 IN FISCAL YEAR 2000-01 SERVICE
DEVELOPMENT FUNDS TO THE NEW COLLINS AVENUE ROUTE OF
THE ELECTROWAVE SHUTTLE SERVICE; APPROPRIATING THE
FUNDS AS PART OF THE FISCAL YEAR 2000-01 ELECTROWAVE
OPERATING BUDGET; AND ACKNOWLEDGING THAT THESE NEW
FUNDS, DEDICATED TO THE COLLINS AVENUE SERVICE, ARE
MEANT TO REPLACE, IN THE FY 2000-01 ELECTROW AVE BUDGET,
THOSE FDOT FUNDS THAT WILL EXPIRE JANUARY 20, 2001, THE
THIRD ANNIVERSARY OF THE ORIGINAL ROUTE SERVICE.
ADMINISTRATION RECOMMENDA TION
Adopt the Resolution,
ANALYSIS
The Service Development Program of the Florida Department of Transportation (FDOT) awards
funds for the first three (3) years of a specific transit route service, The FDOT funds included in the
adopted FY 2000-01 Electrowave Operating Budget are dedicated to the original route service/the
Washington Avenue route. The ending date of these FDOT funds is January 20, 2001, the third
anniversary of the original route, ifnot fully expended through January 20th.
This proposed $150,000 Joint Participation Agreement (JPA) contribution to the new Collins
Avenue route is meant to replace the existing FDOT funds, in the current fiscal year budget, that the
City may not be able to recover up to the original route funds cut-off date of January 20, 2001.
The expenditures being incurred by the original route service, between October 1, 2000 and January
20,2001, are subject to reimbursement by FDOT at the rate of 36,51% of the total operating
expenditures for the period. The average quarterly reimbursement by FDOT, within the last fiscal
year, has been in the neighborhood of$150,000, as compared to the fact that the City will have only
t UNOING APPROVED
AGENDAITEM~
DATE (( - \?"-Q)
~..,,~
Management and Budget
November 8, 2000
Commission Memorandum
JP A for Electrowave/Collins Route
Page 2
three (3) months and twenty (20) days worth of shuttle expenditures to invoice against the budgeted
FDOT funds. In addition, the City has up to, but not more than 120 days (4 months) from January
20,2001, to submit a request for reimbursement against those FDOT funds that are expended through
January 20th.
New FDOT funds being dedicated and/or to be dedicated to the new Collins Avenue route service
are available for the purpose for a period of three (3) years from the execution date of this $150,000
Joint Participation Agreement (JPA). If the new Collins Route begins operation on December I,
2000, we estimate that the route cost for the remaining 10 months, operating 4 shuttle vehicles would
be approximately $550,000, or 28.55% of the total fiscal year budget. Three sources of funding
will cover the Collins Avenue Route: $300,000 in CMAQ funds (80% CMAQ, 20% local) and the
$150,000 in new JPA funds (at 36.51 % reimbursement rate), plus the required City match, already
budgeted within the $1.05 million in Parking Enterprise Retained Earnings.
Although the Collins Avenue Route will be added this year, the FY 2000-01 Electrowave budget (at
$1.924 million) has been noticeably reduced from last year's ($1.93 million) due to the following
reasons:
(; Several hours oflate-night shuttle service (from 12:00 a.m. to 4:00 a.m.) were cut from the
work week and Sunday night schedules.
(; The cost advantage of operating a larger fleet of vehicles is reflected in most categories of
the FY 2000-01 Electrowave budget, particularly in the Red Top contract.
(; The present budget does not include a leeway for the provision of special shuttle services,
above and beyond the standard roule services. From now on, those wanting special services
will have to pay for it.
(; In addition, $99,000 was cut from the budget prior to its adoption by the City Commission.
The $150,000 identified by FDOT, specifically for the Collins Avenue route, requires an equal local
match, which is already provided for in the adopted Electrowave budget. In addition, the attached
JP A is a pre-qualified agreement for the new route service that may begin upon execution, with
understanding that the State funds for reimbursement will be available July I, 2001, pending
Legislative approval.
The Administration is pleased with the fact that FDOT has identified these new funds to replace the
expiring FDOT funds in the present Electrowave budget, and recommends approval of the
Resolution.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FORM 725.030-Cl6
PUBLIC TRANSP ADMIN -10100
Page 1 of12
Financial Project No.:
40964018401
(Item-segment~phase-sequence) .--
Fund: DDR
FLAIR Approp.: 088774
----...---...-
FLAIR Obj.: 750012
Org. Code: 55062020629
Vendor No.: F596000372005
Function: 631
Contract No.: AJ402
Federal No.:
Catalog of Federal Domestic Assistance Number:
Catalog of State Financial Assistance Number: 55012
THIS AGREEMENT, made and entered into this
J.I !!dayof _~~v~~
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Miami Beach
1700 Convention Center Drive Miami Beach FL 33139
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 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 operating assistance for the Collins Avenue Electrowave Route betwee n Lincoln Road and 26 Street along
Collins Avenue. State participation rate is 50%.
This is a pre-qualified agreement. Project may begin upon execution with understanding that state funds for
reimbursement will be available July 1, 2001 pending legislative approval.
and as further described in Exhibit(s) A,B,C attached hereto and by this reference made a part
hereof, hereinafter referred to as the proJect,ahOlO provTcleDepaltmental 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.
,
\
FORM 725-030-06
PUBLIC TRANSP ADMIN -10100
Page2of12
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, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 300,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 150,000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whicheve-r 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 cosls is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding .~ is . is applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred profect costs uptorm\ amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage is -. is not applicable. If applicable, percent of the
Department's lotal share of participation as shown inparagraph 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.
FORM 725-030-Cl6
PUBLIC TRANSP ADMIN -10100
Page3of12
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments' received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which
is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then
on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
FORM 725-03Q..06
PUBliC TRANSP ADMIN -10100
Page4of12
7.60 Audit Reports:
1. All 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 federal agency. State funded grants are to be identified with
the Financial Project Number (FPN), contract number, and Catalog of State Financial Assistance (CSFR)
numbers.
2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10.600,
Rules of the Audilor General.
3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the
subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must
be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting
package, and data collection form.
4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of
a summary schedule of prior audit findings and a corrective action plan for current year audit findings.
5. Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of
the Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, Fl 32302-1735
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
7.70 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 ~vent of loss or damage due to
any accident or casualty for the usefui life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
FORM 72s.03().Q6
PUBLIC TRANSP ADMIN -10100
Pl!Ige5of12
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the
Department of Transportation, District Six Public Transportation Office 602 S.Miami Avenue Miami FL , FL,
33130 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account(as defined in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower Ihan the maximum provided in Chapter 112.061, Florida Statules.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by nolice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
the project 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.
8.30 Disallowed Costs: 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.
FORM 725..Q3Q-Q6
PUBLIC TRANSP ADMIN -10100
Page6of12
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally
discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive,
or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event .or condition resulting in such suspension has ceased or
been corrected, or the Department may lerminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following: (1) necessary action to terminate or
suspend, as Ihe case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish
a statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the
Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the
contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for paymenl, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
FORM 725-030-()6
PUBLIC TRANSP ADMIN -10100
Page 7 of 12
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the
parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant
contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions
of Chapter 287, Florida Statutes, Consultants Competilive Negotiation Act. At the discrelion of the Department, the
Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's
Attorney shall certify to the Department Ihat selection has been accomplished in compliance with the Consultant's
Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (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 not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The
Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts
in connection with the development or operation of the project, except contracts for the standard commercial supplies or
raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts
for standard commercial supplies or raw materials. When the project invoives installation, construction, demolition,
removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and
applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certificalion that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, disability and familial status.
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, the regulations of
the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
FORM 725-03CJ..06
PUBLIC TRANSP ADMIN .10100
Pagla8of12
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter
into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in Ihis
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by
the Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicabie permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable
State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at
once notify the Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as possible with the project.
FORM 725--030-06
PUBLIC TRANSP ADMIN .10100
Page9of12
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project
facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful
life of such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical
inventories and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of ils officers, agents, or employees during the performance of the Agreement.
The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The Departmenl shall require a statement from the
Comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes.
(b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness
contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the
expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be
prosecuted in any court in this state for the collection of same, and members of the Board of County
Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also
shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statules.
When either party receives a notice of claim for damages that may have been caused by the other party in the
performance of services required under this Agreement, that party will immediately forward the claim to the other party.
Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim.
FORM 725-030-06
PUBLIC TRANSP ADMIN -10f00
Page 10 of 12
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, Ihe Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to
the Agency written approval with any approved portions of the project and comments or recommendations concerning
any remainder of the project deemed appropriate. After resolulion of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a
period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated: "(a)
The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of 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
December 31,2002 . If the Agency does not complete the project within this time period, this Agreement
-'/'1111 expire unless an extension of the time period is requested by the Agency and granted in writing by the District
Secretary, District Six _~___. _ _ . Expiration of this Agreement will be considered termination of the
project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
FORM 725-030-06
PUBLIC TRANSP ADMIN -10100
Page11of12
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a
slate agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working 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 Banking and Finance. The
20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers,
as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests
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 Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public enlity 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 conlract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
FORM 725-030-06
PUBLIC TRANSP ADMIN -10100
Page 12 of 12
Financial Project No. 40964018401
Contract No. AJ402
Agreement Date _~--=-2..L--=- c...:rv
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
FOOT
City of Miami Beach
== ==1JJJi= == =
~ise~Kasdin, Mayor__
TITLE
OF TRANSPORTATION
ATTEST:
~f~
Robert Parcher, City Clerk
Director, Planning & Public Transportation, District Six
~"-~.-----,._---_.
TITLE
APPROVED I>S TO
FORM & LANGUAGE
& FOR EXECUTION
~L:.
City Attorney
{ /-"-c/lI
Dale
RECYCLED PAPER *
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 9/99
------------------------------------------------------------------
------------------------------------------------------------------
RUSH _____ (Needed by __/__/____ (date))
Reason for RUSH :
_ Adve rti se
_ Award _ LOA
-X- New _ Addition
**pre-qualified**
Contract AJ402__ Contract Type -AH_ Method of procurement _G__
Vendor Name City of Miami Beach vendor 10 F596000372005
Has written/verbal Approval from a participating Federal Agency
been received n/a Yes _ NO _
Fed Agmt Amt State Funds$150,OOO__ Local Funds$150,OOO__
Beginning date of this Agmt: 11/15/00(Must be after fund approval)
Ending date of this Agmt: 12/31/02(Estimate if necessary)
Execution date of this Agmt: __/__/__(Only on original agreements)
Has work been authorized to be~in? _ Yes -X- NO
Have standard financial provislons been altered by contract terms?
_Yes -X- NO If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? ___ Yes -X- No
******************************************************************
Brief Description of work/comments: Transit Service Dev. project
Operating Assistance for Electrowave Collins Avenue Route
50% State/50% Local CSFA=55012 R=C **pre-qualified JPA**
******************************************************************
(Letting Date) _ Termination/cert of Comp
_ supplemental _ Renewal _ Correction
_ Court Order _ Overrun
ORG-CODE *EO * OBJECT * AMOUNT
(FISCAL YEAR)
*FIN PROJ or JOB # *FCT
(FUND) alpha
------------------------------------------------------------------
------------------------------------------------------------------
55 062020629 *PT * 750012 * $150,000_____ * 40964018401 *631
(01/02) PRE-QUALIFIED ONLY (DDR)
55 xxxxxxxxx *xx * xxx xxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxx xxx xxx xx
(xxxx)
*xxx
TOTAL AMOUNT * $150,000_____ *
originator:_Ed Carson_____ DATE SENT:300CT2000_ PH/SC:_452-5911-
E-mail USERID(S) PT629EC
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY ___ CATEGORY ___088774
WORK PROGRAM VERIFICATION
ALLOTMENT YEAR __ DATE CHECKED
CI _ LINE _
FUNDS PREQUALIFIED_JOHN FAIN; ENCUMB. CONTINGENT UPON LEGISLATURE_
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: _11-02-2000___
******************************************************************
ITEM NO. 40964018401
CFDA NO. n/a
CONTRACT NO AJ 402
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSmlLITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida Department of Transportation and
City of Miami Beach
1700 Convention Center Drive Miami Beach FL 33139
dated .av 213m
PROJECT LOCATION:
City of Miami Beach, Miami-Dade County, Florida
PROJECT DESCRIPTION:
State Transit Service Development Grant funding for Collins Avenue Electrowave
Route operating expenses.
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, WPI number and Job
number and the Federal Identification number, where applicable, and the amount of state funding
action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
None
September 1996
ITEM NO. 40964018401
CFDA NO. nla
CONTRACT NO. AJ 402
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
Citv of Miami Beach
1700 Convention Center Drive Miami Beach FL 33139
dated IIOV 2 1 2000
I. PROJECT COST: $300,000
State Transit Service Development Grant -Electrowave Collins Avenue Route
TOTAL PROJECT COST:
$300,000
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA
Agency Participation
In-Kind
Cash
Other
(
(
(
(
50%)
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) ( 50%)
Federal Reimbursable (DU)(FRA)(DFTA)(
Local Reimbursable (DL) ( )
%) or $
%) $
$150,000
%) $
or $150,000
%) or $
%) or $
TOTAL PROJECT COST
$300,000
September 1996
FINANCIAL PROJECT NO. 40964018401
CFDANO. nla
CONTRACT NO. AJ 402
EXHIBIT "c"
(GENERAL - with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and
City of Miami Beach
1700 Convention Center Drive Miami Beach FL 33139
dated IOV t 1 200ll
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
X Bus Transit Svstem - 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 Guidewav Svstem - (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 Guidewav Svstem - (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.
Other
The Agency must submit an invoice to the Department no later than one hundred and twenty days
(120) after the period of services covered by said invoice.
The Agency shall obtain prior written concurrence from the Department for any third party
purchases exceeding $10,000.
This project shall be conducted in accordance with the Department's Public Transit Service
Development Procedure, No. 725-030-005.
January 25. 2000