Okaloosa County BOCC — August 6, 2013 — AQH65 Original FDOT JPA December 6, 2011 — reading text

Department and the Agency will each pay its own elCP8naes for the evaluation, seitlement negotiations, and trial, if any. However, if only one party participates in the defense of the clam at mal, that party is responsible for all expenses altrlal. 15.00 Plane and Speclftcatlons: In the event that this Agreement inwives 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 specllications covering the project. The Department will review aU plans and specifications and will issue to the Agency wrillen approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resotutlon of these comments and recommendations to the Departmenrs _action, the Department will Issue to the Agency written approval with said remainder of the project Failure \0 obtain this wrlttan approval shall be suffICient cause for nonpayment by the Department as provided in 8.23. 1'.00 Project Cornpletlion, Agency Certification: The Agency will certify in wrfllng on or altached \0 the flnal invoice, that the project was cornpIated In accordence w~h applicable plans and specifications, Is in place on the Agency faCillIy, that adequate tiIIe Is In tha Agency and that the project is accepted by the Agency as sultsble for the intended purpose. 17.00 Appropriation of Fund.. : 17.10 The State of florida's performance and obligation to pay under thil Agreementls contingent upon an annual appropriation by the Laglslature.  m<IIO<lO ...., PU8UC1MNSPORTATION PtQt 12cf 1" 17,20 Multl·Year Commlbnent: In theevent this Agreement is In excess 01 $25,000 end has a term for a period of more than one year, the provisions of Chapter 339.135(6)(8), F.S., 8re hereby Incorporated: "(8) The Department, during any fiscal year, shall not expend money, Incur any tlab~ity, or enter Into any contract which, by ns terms involves the expenditure of money In excess of the amounts budgeted as available for expend~ure during such fiscal year. Any contrect, verbal or written, made in violation of this subsection Is nutland void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Depar1mentthaHunds are available prior to entering Into any such contract or other binding comm~ent of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract 80 made shaHbe executooy 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 09.30.2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted In writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure embllshed in Sect1oil9.00 of this Agreement shall be In"ialed. 18.10 Flnellnvolce: The Agency must submH the final invoice on this project to the Department wHhln 120 days after the expiration of this Agreement. 19.00 Agr..ment Fonnat: All words used herein In the aingular form shall extend to and include the plural. All words used in the plurel 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 Ag_ment: This Agreement may be simultaneously executed In a minimum of two counterparll, 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 Reetrlctlone on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be peld by or on behalf of the Agency, to any person for innuenclng or attempting to innuence any offtcer or employee of any federal agency, a Member of Congress, an ollicer or employee of Congress, or an employee of a Member of Congrese in connection wHh 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 olher than federat appropriated funds have been paid by the Agency to any person for Inftuencing or attempting to inftuence 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 Cong"'ss in connection w~h Ihls Joint Participation Agreement, the undersigned shell complete and submit Standard Form-lLL, "Disclosure Form to Report Lobbying." in accordance wih tie instructions. The Agency shall require that the language of this section be InCluded In the award documents for all subewards at all tiers Qncludlng subcontracts, subgrants, and contracts under grants. loan. and cooperative agreements) and that all subreclplenta shell certify and disclose accordingly. 21.20 Btat.: No funds received pursuant to this contract may be expended for lObbying the Leglslatura or a state agency. '. . . ...."... ,.", P\Jeuc TRAHSPORTAt1ON ,.1301'. 22.00 Vendo,. Rights: Vendolll (In this document Identified aa Agency) providlog goods and seJVicea 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 seJVices unleas the bid specifications, purchase Older or contraclspecifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Dspartment of Financial SeJVicea. The 20 days are measured from thelatler of the date the invoice 18 received or the goods or services are received, Inspected and approved. If a payment la not available within 40 days after receipt of the Invoice and recelpl, Inspaclion and approval of goods and service•• a separate Interest penalty In accordance with Section 215.422(3)(b), F.S. wiY be due and payable, in addRlon to the invoice amount to the Agency. The interest penally provision applle. efter a 35 day lime period to haaith care providers. as defined by rule. Intereal penaHle. of less than one (1) dollar will not be enforced unless the Agency requesta payment. Invoices which have to be returned to an Agency because of vendor preparation errors will reauk In a delay In the payment. The Invoice payment requiremenla do not start until a property completed Invoice Is provided to the Department. A \lendor Ombudsman has been established within the Department of Financial Servicea. The dut1e8 of thlalndivldual Include acting 8S an advocate for Agencies who may be experiencing problems in obtaining timely payment{s) from the Depertment The Vendor Ombudsman may be contacted at (850) 413·5518. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor lIat follOWing a convictlon for a public entity crtme may nol submft a bid on a contract to provide any goods or servicea to a public entlly, may not submh a bid on a contract with a public entity for the conalruction or repair of a public building or public work, may not .ubmh bid. on lea888 of real property to a pubUc enllty, may not be awarded or perform work aa a contractor. supplier, subcontractor, or consullant under a contract wRh any public enltty, and may nol transact business with any public entfty In exceaa of the threshold amount provided In a. 287.017, F.S. for CATEGORY TWO for a period of 36 months from tha date of being placed on the convicted vendor list. 24.00 DIscrimination: An entity or affiliate who has been placed on the discriminatory vendor lial may not submft a bid on a contrect to provide any goods or services to a public entfty. may not submft a bid on a contract w~h a public entfty for the construction or repair of a public building or public work, may not submR bids on leases of real property to a public entfty. may not be swarded 01' perform work aa a contractor, auppller, subcontractor, or consullant under a contract wHh any public entfty, and may not transect business with any public entity. 25.00 E.v.rlfy VendoralContractors: 1. shag utilize the U.S. Department of Homeland Security's ENerify system to verify the employment eligibllfty of all new employees hired by the Vendor/Contrector during the term of the contract; and 2. shaH e)(preaaly require any subcontractors performing work or providing services pursuant to the state contract to likewiaa utilize the U.S. Department of Homeland Security's E-Verify ayatem to verify the employment ellglbllfty of aM new employees hired by the subcontractor during the contract term.  "...,... .,.,,, PlJaJO TRANSPORlATIOH Pegi t4t1t4 Financial Project No(s).422253-1-84-01 422263·1·84·01 Contract No. Agreement Date IN WITNESS WHEREOF. the parties hereto have caused these preaents be executed. the day and year first above written. AGENCY FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller JAMES CAMPBELL SIGNATORY (PRINTED OR TYPED) Wru M.I fAJA1