Item F04M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: F.4
Agenda Item Summary #3494
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of State of Florida Department of Transportation Joint
Participation Agreement Number GOR03 providing funding of $30,000.00 for Key West
International Airport Taxiway Rehab, to be funded 50% FDOT and 50% Key West International
Airport operating funds.
ITEM BACKGROUND: This project is for design and permitting for the reconstruction of
Taxiway A and the stub taxiways to and from Runway 9 -27 and the Commercial Apron. This project
will also bring the taxiway geometries into conformance with the latest Advisory Circulars. It also
includes the removal and replacement of the existing taxiway edge lights, airfield signage and
existing circuits and homeruns back to the existing airfield lightning vault, and drainage
improvements.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT /AGREEMENT CHANGES:
New Grant Agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
GOR03 EYW Taxiway Rehab Proj
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: December 31, 2022
Total Dollar Value of Contract: $30,000.00
Total Cost to County: none
Current Year Portion: FY
Budgeted:
Source of Funds: 50% FDOT /50% EYW Airport Operating ($30,000.00)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
10/23/2017 2:35 PM
Donald DeGraw
Completed
10/23/2017 5:18 PM
Pedro Mercado
Completed
10/24/2017 11:00 AM
Budget and Finance
Completed
10/24/2017 11:11 AM
Maria Slavik
Completed
10/24/2017 11:17 AM
Kathy Peters
Completed
10/24/2017 1:49 PM
Board of County Commissioners
Pending
11/14/2017 9:00 AM
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Financial Project Number(s):
{item - segment - phase - sequence) Fund:
44138419401 Function:
Federal Number:
Contract Number: 0 3 DUNS Number:
CFDA Number: Agency DUNS No
THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this _ day of
, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
an agency of the State of Florida, ("Department"), and Monroe County Airports - K-1 West International Air ort, 3491
South Roosevelt Blvd, Key West FL 33040 ("Agency"), The Department and Agency agree that all terms of this
Agreement will be completed on or before December 31 2022 and this Agreement will expire unless a time extension is
provided in accordance with Section 16,00.
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 22Z,006 6
J_J, 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 for the Department's participation in
This project is for design and permitting for the reconstruction of Taxiway A and the stub taxiways to and from Runway 9-27 and
the Commercial Apron, This project will also bring the taxiway geometries into conformance with the latest Advisory Circulars,
The project also includes the removal and replacement of the existing taxiway edge lights, airfield signage and existing circuits
and homeruns back to the existing airfield lighting vault, and drainage improvements,
and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide
Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
DIPTO FLAIR Category:
215 Object Code:
Org, Code:
Vendor No.:
CSFA Number:
1.10 Exhibits. A, B, C A D are attached and incorporated into this Agreement,
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2.00 Accomplishment of the Project:
2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a
sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, 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, 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 to and incorporated into this Agreement, The Department has the option to require an
activity report on a quarterly basis. The activity report will include details of the progress of the Project towards
completion,
3.00 Total Project Cost. The total estimated cost of the Project is J62,000,00, This amount is based upon the estimate
summarized in Exhibit "B" attached to and incorporated into 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 Project Costs Participation and Eligibility:
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the
Project in the amount of J2Q000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost
shown in Exhibit "B", whichever is less.
4.11 Agency Participation (Non-State Sources). The Agency agrees to minimum participation, including
contingencies, in the Project in the amount of J3Q,200,00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of the total cost shown in Exhibit "B", whichever is more.
4.12 Federal Awards. The Agency, a non-federal entity, [:] is Z is not a recipient of a federal award, as detailed in
Exhibit 'R,"
4.20 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:
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4.30 Front End Funding. Front end funding ❑ is 0 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 participation as shown in
paragraph 4.10.
5.00 Project Budget and Payment Provisions:
6.00 Accounting Records:
6.20 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,
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6.30 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.
6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this
Agreement may be subject to audits and/or monitoring by the (department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General,
or any other state official, The Agency shall comply with all audit and audit reporting requirements as specified below,
1. Federal Funded
b) The Agency, a non-Federal entity as defined by 2 CFI Part 200, Subpart F — Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this Agreement is subject to the
following requirements:
it. In connection with the audit requirements, the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in 2 CFI Part 200, Subpart F — Audit Requirements.
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Vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records
including financial statements, the independent auditor's working papers and project records
as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
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vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
EFQQQ0ITSj �,Qdgfstatefius
2. State Funded
Ik) The Agency, a nonstate entity as defined by Section 215,97(2)(m), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following
requirements
H. In connection with the audit requirements, the Agency shall ensure that the audit complies
with the requirements of Section 215,97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters
10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General.
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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 the Agency's resources (i.e., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities),
iv. In accordance with Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General, copies of financial reporting packages
required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, CIS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSin leAud" state.filus
State of Florida Auditor General
Local Government Audits1342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudqen local qovtp_aud.statefl.us
V. Any copies of financial reporting packages, reports or other information required to be
submitted to the Department shall be submitted timely in accordance with Section 215,97,
Florida Statutes, and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
vi. The Agency, when submitting financial reporting packages to the Department for audits done
in accordance with Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Agency in correspondence accompanying the reporting
package.
viii. As a condition of receiving state financial assistance, the Agency shall permit the Department,
or its designee, DFS or the Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the
action is complete or the dispute is resolved.
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6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability
to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for
the useful life of such equipment or facilities. In the event of the 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. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 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 1000 NW 111 Avenue Miami 11 , 33172, its requisition on a
form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in
Paragraph 6.10 hereof} to justify and support the payment requisitions,
7.1 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for
a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments,
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Department and that the required minimum level of service to be performed based on the
criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section
112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel For No. 300-000-06, The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests
for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this
Agreement, the Department may elect by notice in writing not to make a payment if'.
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7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred
by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are
not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received
under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to
receipt of annual notification of fund availability,
7.40 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.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the
Project; 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,
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8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for
refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119,
Florida Statutes,
9.00 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.
10.00 Contracts of the Agency:
10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If
the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7,20(c). 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, If Federal Transit Administration (FTA) funds are used in the Project,
the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this
Agreement 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 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172,
and 23 U &C. 112,, At the discretion of the Department, the Agency will involve the Department in the Consultant
Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287,055, Florida Statutes, the Consultants'
Competitive Negotiation Act and the federal Brooks Act.
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that
DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
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with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement,
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction
services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to
be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida
Statutes,
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will
comply with all the requirements imposed by Title V1 of the Civil Rights Act of 1964 (42 U,S,C, 2000d, at seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
11.30 Title Vill - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will
comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.S.C, 3601, at son.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age.
11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at seg.), the regulations of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 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 child, or any combination of them, has a material interest.
a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of
any business entity.
b) 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
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Agency by any person who at any time during the immediately preceding two (2) years was an officer,
director or employee of the Agency,
c) 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.
11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of
the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any
benefit arising therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations. Execution of this 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 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.
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any
party other than the Agency.
12.30 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,
12.40 Severability. 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.
12.50 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,
12.60 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,
12.70 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.
12.71 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.
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Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 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,
15.00 Appropriation of Funds:
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15.20 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 (1) year, the provisions of Chapter 339. 1 35(6)(a), Florida Statutes, are hereby incorporated:
16.00 Expiration of Agreement. The Agency agrees to complete the Project on or before December 31 2022. 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 Department prior to expiration of this Agreement.
Expiration of this Agreement will be considered termination of the Project and the procedure established in Section 8.00
of this Agreement shall be initiated. The cost of any work performed after the expiration date of this Agreement will not
be reimbursed by the Department.
19.00 Restrictions on Lobbying:
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If any funds other than federally-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 Agreement, the undersigned shall complete
and submit Standard Form-LILL, "Disclosure of Lobbying Activities," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub-awards at all
tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all
sub-recipients shall certify and disclose accordingly,
19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial
branch or a state agency.
20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following
time frames'.
a) The Department has 20 days to deliver a request for payment (voucher) to DIFS. The 20 days are measured
from the letter of the date the invoice is received or the date the goods or services are received, inspected, and
approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt
of a complete and accurate invoice.
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract
entered into pursuant to this Agreement:
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c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Agency.
d) 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 or the locality during tenure or for two (2)
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 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 this paragraph provided that any such present member, officer or employee shall
not participate in any action by the Agency or the locality 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'.
23.00 Employment Eligibility (Using E-Verify). AgencyNendors/Contractors:
24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to
incorporate in all subcontracts the obligation to comply with Section 20,055(5), Florida Statutes.
26.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed
under this Agreement.
26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the
Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and
without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number
will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract
Tracking System (FACTS),
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
offilm
Monroe County Airports -Ivey West
International Airport
AGENCY NAME
IRREMNIAMM
DEPARTMENT OF TRANSPORTATION
George Neu gent
SIGNATORY (PRINTED OR TYPED)
Harc-1-d-Deed-unes ------------------ —
TITLE District Director of Transportation
Development
SIGNATURE LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION
Mayor/Chairman See attached Encumbrance Form for date of
TITLE . . ................................................................................... Funding Approval by Comptroller
FINANCIAL PROJECT NO. 44138419401
Contract No. GOR03
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and
Monroe County Airports
Key West International Airport
3491 South Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
PROJECT LOCATION:
Key West International Airport
PROJECT DESCRIPTION:
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.5 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
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
FINANCIAL PROJECT NO. 44138419401
EXHIBIT "B"
PROJECT BUDGET
Contract No. GOR03
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and
Monroe County Airports
Key West International Airport
3491 South Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
PROJECT COST: $60,000.00
TOTAL PROJECT COST: $60,000.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA
TOTAL PROJECT COST
"It is the intent of the Department to reimburse the Agency up to 50% of the total non-federal
share of eligible project cost up to the Department's maximum participation amount".
FINANCIAL PROJECT NO, 44138419401
CONTRACT NO. GOR03
EXHIBIT C
A 1AA, TION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of
Transportation and
Joint Participation Agreement (JPA) Exhibit C
Page 1
7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport
taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a
facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market
value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of
the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of
the airport and which are directly and substantially related to the actual air transportation of passengers or property,
or for environmental or noise mitigation purposes on or off the airport,
9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary
to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part
of the airport master plan. The financial plan shall realistically assess project phasing considering availability of
state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated
Capital Improvement Program (JACIP) Online Web site, The JACIP Online information shall be kept current as the
financial plan is updated.
Joint Participation Agreement (JPA) Exhibit C
Page 2
The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be
approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition
affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with
such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of
God or other condition or circumstance beyond the control of the Agency.
11, Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public,
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the
airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement
within two years after the date of this Agreement or the Department of Transportation may terminate this
Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary
shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which state funds have been expended, for the duration of the
terms, conditions, and assurances in the Agreement without approval by the Department.
16, Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the
Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the
specific consultants, contractors, or subcontractors have a record of poor project performance with the Department.
Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and
cost of professional services.
17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport
runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies,
passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to
flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage.
18. Project Development: All project related work will comply with federal, state, and professional standards;
applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation
requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airsixace
Protection.
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with approved
modifications.
2. Reports. Furnish the Department with such periodic project and work activity reports as required.
Joint Participation Agreement (JPA) Exhibit A
Page 3
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3. Public Information: Make such material available for examination by the public. No material prepared under
this Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves
airport master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of final project materials to the Department. This
includes computer-aided drafting (CAD) files of the airport layout plan.
b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects
described in the airport master plan or depicted in the airport layout plan. The cost-feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and the
likelihood of federal funding under the Federal Aviation Administration's priority system.
c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated
Capital Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any
planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on
the part of the Department to approve any pending or future application for state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws. Acquire the land interest in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA
Order 5050,4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23,
F.S.
2. Administration: Maintain direct control of project administration, including:
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land
purchase according to Chapter 332, ES.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for
the land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by U S.
Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Joint Participation Agreement (JPA) Exhibit C
Page 4
MKINOW
a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning
ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333,
F.S., prior to the completion of the project.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
Joint Participation Agreement (JPA) Exhibit C
Page 5
Oman=
Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement.
The Engineer shall perform a thorough review of the requirements of the following standards and make a
determination as to their applicability to this project. Plans produced for this project shall be developed in
compliance with the applicable requirements of these standards:
0 Federal Aviation Administration Regulations and Advisory Circulars
• Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport
Licensing, Registration, AndAirsivece Protection
• Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports
• Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And
Highways, commonly referred to as the Florida Greenbook
• Manual on Uniform Traffic Control Devices
Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements,
public notice requirements, and other similar regulations that apply to the scope and location of the project.
3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules
approved by the Department for the project. The Agency assures that it will allow the Department to inspect the
work. The Department may require cost and progress reporting by the Agency,
4, Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of
pavement at the airport, implement an effective airport pavement maintenance management program and the
Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or
repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of
local government or are on property owned by a unit of local government other than the Agency, enter into an
agreement with that government. The agreement shall obligate the unit of local government to the same terms,
conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the
Department, The Agency assures that it will take steps to enforce the agreement if there is substantial non-
compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into
an agreement with the owner of that property to exclude future actions against the airport, The Agency assures that it
will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement.
G. Safety Requirements
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: AVIATION DEVELOPMENT GRANTS
CSFA Number: 55.004
*Award Amount: $30,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.004 is provided at: hAplflaggsfirifs, com/fsaa/search Catalog asRx
COMPLIANCE RECUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at
htt2s://agRs,fldfs,com/fsaa/searchCom liance.asAx
The State Projects Compliance Supplement is provided at:
To: Sunshine.Cayubit@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
GOR03
10/9/2017
CONTRACT INFORMATION
Contract
GOR03
Contract Type:
DID - GRANT DISBURSEMENT (GRANT)
Method of Procuramenrt
G - GOVERMENTAL AGENCY (287,057,F.S.)
Vendor Name:
MONROE COUNTY BOCC
VendorlD
F596000749053
Beginning Date of This Agreement:
1010612017
Ending Date of This Agreement:
1213112022
Contract Total/Budgetary Ceiling:
ct = $30,000,00
Description:
KEY WEST INT'L AIRPORT TAXIWAYS AND REHAB
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 101912017
Action:
Original
Reviewed or Approved:
APPROVED
Organization Code
55062020629
Expansion Option:
AS
Object Code'.
751000
Amount'.
$30,000,00
Financial Project
44138419401
Work Acfivfty (FCTt
215
CFDW
Fiscal Year:
2018
Budget Entity:
55100100
CategorylCategory Year
088719118
Amendment ID:
0001
Sequence:
00
User Assigned I W
Eno Line (6s }1S s:
0001104
Total Amount: $30,000.00
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