Okaloosa County BOCC — April 1, 2014 — PJ TRIP agmnt with attachments — reading text

to such orders, shall be maintained by the COUNTY in accordance with accepted governmental accounting principles and practices and shall be subject to financial audit as required by law. (E) Records of costs incurred under the terms of this Agreement shall be maintained and A) B) C) made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the PROJECT records, together with supporting documents and records, of the contractor and all subcontractors performing work on the PROJECT, and all other records of the Contractor and subcontractors considered necessary by DEPARTMENT for a proper audit of costs. TERMINATION AND DEFAULT This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. If the DEPARTMENT is terminating the Agreement, the DEPARTMENT shall notify the COUNTY of such termination with instructions as to the effective date of termination or specify the state of work at which the Agreement is to be terminated. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the AGREEMENT, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the AGREEMENT will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total 9 Updated 7/20/12 10. work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. MISCELLANEOUS A) 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. B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) This document incorporates and includes all prior negotiations, correspondence, E) F) conversations, agreements, ot understandings applicable to the matters contained herein. The patties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the COUNTY and the DEPARTMENT. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G) This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 9 Termination and Default. H) An entity or affiliate which has been placed on the discriminatory vendor list may not 1) 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. A person or affiliate who has been placed on the convicted vendor list following a 10 Updated 7/20/12 d conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F. S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The COUNTY: i) shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the contract; and ii) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. ll Updated 7/20/12 IN WITNESS WHEREOEF, the parties have executed this Agreement on the date(s) below. OKALOOSA COUNTY, FLORIDA ATTEST CLERK (Seal) TITLE Date Print Name Date STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: DISTRICT THREE DIRECTOR Print Name Date Legal Review: Date See attached Encumbrance Form for date of funding approval by Comptroller 12 Updated 7/20/12 EXHIBIT - 1 Compliance Requirements 1. 2. STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program (55.026) Amount: $2,200,000.00 Compliance Requirements 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155, Florida Statutes. 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses not to exceed 50 percent of project costs. Operations are not covered through Transportation Regional Incentive Program. 5. The project is included or eligible for inclusion in the Department’s adopted Work Program pursuant to Section 339,135, Florida Statutes. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 13 INTERLOCAL AGREEMENT FOR CREATION OF THE NORTHWEST FLORIDA REGIONAL TRANSPORTATION PLANNING ORGANIZATION THIS REVISED AND RESTATED INTERLOCAL AGREEMENT is made and entered into this 21st day of September, _ 2005, by and between the FLORIDA-ALABAMA TRRANSPORTATION PLANNING ORGANIZATION , and the OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION, and supercedes all previous agreements. RECITALS: WHEREAS, Census 2000 shows that the Fort Walton Beach Urbanized Area is no fonger just contiguous to the Pensacola Urbanized Area, but extends across the Okaloosa- Santa Rosa County Line to Navarre; and WHEREAS, federal and state transportation agencies have placed an emphasis on regional transportation planning to develop regional transportation, solutions, and this emphasis is demonstrated most strongly in the 2003 Florida Legislature's direction to the Florida Transportation Commission to study the nature and extent of regional transportation planning efforts by and among Florida's twenty-six metropolitan planning organizations and creation of the Transportation Regional Incentive Program during the 2005 Session, and WHEREAS, in February 2003, the Florida Department of Transportation, acting on. behalf of the Governor, communicated to the Florida-Alabama TPO (formerly known as the Pensacola MPO) and Okaloosa-Walton TPO the need to either consolidate as one metropolitan planning organization or develop a consultative process to incorporate institutional and process improvements to address regional transportation issues at the metropolitan planning organization level; and WHEREAS, by June 26, 2003, the Florida-Alabama TPO and Okaloosa-Walton TPO responded to the Department with a commitment to enter into an interlocal agreement for purposes of coordinating long range transportation plans, establishing regional transportation priorities, and developing an enhanced regional public involvement process, and WHEREAS, the 2003 Legislature modified Paragraph 339.175 ) (i) (2), Florida Statutes, authorizing contiguous metropolitan planning organizations and individual political Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm . Page 1 of 14 subdivisions to enter into agreements to coordinate activitles or to achieve any federal or state transportation planning goals or purposes; and WHEREAS, the parties of this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properiy located and developed in relation io the overall plan of community development; and WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is consistent with Section 339.175 (5) (i) (2), , Florida Statutes; and WHEREAS, the Transportation Regional Incentive Program created by 339.2819, Florida Statutes, requires that the entity that is creating the regional transportation plan be identified and that the boundaries of the regional transportation area be delineated; and WHEREAS, the Interlocal agreement must be consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Agreement Is consistent with the requirements of Section 163.01, Florida Statutes. _NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 TITLE; RECITALS; DEFINITIONS Section 1.01. This Interlocal Agreement shall be known and may be cited as the “Northwest Florida Regional Transportation Planning Organization Agreement.” Section 1.02. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated herein and acknowledged to be true and correct to the best of