SO-0739-07P 06/20/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 25, 2007
TO:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk CY
FROM:
At the June 20, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Standard Design Reimbursable Agreement No.
SO-0739-07P between Monroe County and the Federal Aviation Administration to relocate
center field wind equipment at the Key West International Airport.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qUf:stions please do not hesitate to contact this office.
cc: County Attorney
Finance
File""
AGREEMENT NUMBER:
SO-0739-07P
STANDARD DESIGN REIMBURSABLE AGREEMENT BETWEEN
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
WHEREAS, the Federal Aviation Administration ("FAA") is able to furnish directly or by contract,
supplies, equipment, and services which the Monroe County Board of County Commissioners ("Project
Sponsor") requires, has funds available for, and has determined should be obtained from the FAA;
WHEREAS, it has been determined that competition with the private sector for provision of such
supplies, equipment and services is minimal; the proposed activity will advance the FAA's mission; and
the FAA has a unique capability that will be of benefit to Project Sponsor while helping to advance the
Agency's mission.
WHEREAS, the development and coordination of an agreement with detailed scope of work and cost
estimate for this project may take an extended period, and the Project Sponsor requires/desires a
faster response by the FAA;
NOW THEREFORE, the FAA and the Project Sponsor mutually agree as follows:
ARTICLE I - Lelia I Authority
This Agreement is an "other transaction" within the meaning of 49 USC 106. It is not intended to be,
nor shall it be construed as, a partnership, corporation, or other business organization.
ARTICLE II - Scope of Aareement and Description of Proiect
This is a preliminary agreement is limited in scope to initiate FAA technical services, consultation,
preliminary engineering, site surveys, cost estimates, planning, etc. to support the Project Sponsor's
requirements pursuant to the project titled
"Relocate Center Field Wind Equipment at Key West International Airport, Key West, Florida".
No government-furnished equipment may be provided until a detailed amendment to this agreement
specifying materials and costs is signed by the Project Sponsor and the FAA. This agreement sets in
motion preparatory actions required before the FAA may commit resources to the project. All FAA
charges will be coded against the "Engineering" Work Breakdown Structure (WBS) accounting code
(4020) for billing purposes. Specifically, it is the basis for issuance of a Project Authorization (PA) and
establishment of a dedicated job number for project activities. If the project is pursued, this agreement
shall be amended to include a description of the full scope of work to be performed, estimated total
project costs by WBS codes, etc.
10f5
AGREEMENT NUMBER:
SO-0739-07P
Until formally amended with a detailed scope of work and cost estimate, the Project Sponsor's
reimbursement to the FAA under this agreement is estimated to be up to $18,975. This amount
includes general administrative support charges of a dollar amount equivalent to the prescribed rate up
to $3,975 in accordance with the rate established in Article IV).
ARTICLE III - Period of AQreement and Effective Date
The agreement is estimated to last 18 months. It will be effective on the date of the last signature
below.
ARTICLE IV - Reimbursement and Accountina Arranaement
A. The Project Sponsor must pay the FAA in advance when the agency is required to obligate funds to
comply with this agreement. Payment in the amount of $18,975 must be received before the FAA
incurs any obligation to implement this agreement. If reconciliation is necessary after the
agreement expires or is terminated, the FAA will send a final bill or refund without interest, as
appropriate, to the Project Sponsor. Any amount due on the final bill will be netted against the
advance payment and, as appropriate, a refund or final bill will be sent to the Project Sponsor.
B. In determining the costs to the FAA, there shall be included general administrative support cost
based on the current rate of 26.5% of the project costs. This overhead represents the cost to the
FAA of those indirect expenses that are a part of the cost of overhead agency operations. The rate
shall be adjusted automatically to the current rate, as determined by the FAA, without the necessity
for formal amendment
C. The FAA hereby assigns the responsibility for the accomplishment of this agreement to the
Southern Region. The Accounting Division is identified by the FAA as the billing office for this
agreement. The Project Sponsor will send a copy of the executed agreement and the full advance
payment to the Accounting Division shown below. All payments must include the agreement
number, agreement name, sponsor name, location and mailing address.
FAA - Mike Monroney Aeronautical Center
ATTN: AMZ-330
P.O. Box 25082
Oklahoma City, OK 73125
Telephone: (405) 954-9429
D. The Project Sponsor hereby identifies the office to which the FAA will render bills for the project
costs incurred as:
Key West International Airport
Attn: Mr. Peter Horton, Director of Airports
3491 S. Roosevelt Blvd.
Key West, Florida 33040
Telephone: (305) 296-7223
E. Billing will be made by FAA on SF-1114. The Reimbursable Bill Support List (a summary of cost by
object class) will accompany all bills.
20[5
AGREEMENT NUMBER:
SO-0739-07P
F. Estimates as contained in Article II are expected to be a maximum, but may be revised to recover
the FAA's actual costs. If during the course of this agreement, actual costs are expected to exceed
the estimated costs. the FAA will notify the Project Sponsor immediately and provide a written
explanation for the increased costs. The FAA will also provide the Project Sponsor with a
modification to the agreement. which includes additional FAA costs plus overhead. The Project
Sponsor agrees to prepay the entire estimated cost of the modification. plus the required overhead.
The Project Sponsor will send a copy of the executed amended agreement and additional advance
payment to the FAA Accounting Division listed above.
G. Payments for billing are due within 30 days of date of invoice. Late charges will be assessed on
delinquent payments in accordance with United States Treasury Regulations (Treasury Fiscal
Requirements Manual. section 6-8020.20). Late charges are computed by multiplying the amount
of the overdue payment by the percentage rate prescribed quarterly by the Department of Treasury
for each 30-day, or portion thereof, during which payments are overdue.
ARTICLE V - Amendment
Changes and or modifications to this agreement shall be made in writing, signed by authorized
representatives of each party.
ARTICLE VI - Liabilitv
To the extent permitted by law, the Project Sponsor agrees to hold harmless the FAA. its officers.
agents and employees, from all causes of action, suits or claims arising out of the work performed
under this agreement. However, to the extent that such claim is alleged to have arisen from the act or
omission by an employee of the FAA acting within the scope of his or her employment. this hold
harmless obligation shall not apply and the provisions of the Federal Torts Claims Act. 28 U.S. Code.
Section 2671, et, seq.. shall control. The FAA assumes no liability for any losses arising out of any
action or inaction by the Project Sponsor, its employees, or contractors, or any third party acting on its
behalf.
ARTICLE VII- Damaae to FAA Property
Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel. the
Project Sponsor agrees to reimburse the FAA for any damage to or destruction of FAA property arising
out of work under this agreement.
ARTICLE VIII - Termination
In addition to any other termination rights provided by this agreement, either party may terminate this
agreement at any time prior to its expiration date. with or without cause. and without incurring any
liability or obligation to the terminated party (other than payment of amounts due and owing and
performance of obligations accrued. in each case on or prior to the termination date) by giving at least
thirty (30) days prior written notice of termination. Upon receipt of a notice of termination. the receiving
party shall take immediate steps to stop accrual of any additional obligations, which might require
payment. All funds due after termination will be netted against the advance payment and, as
appropriate, a refund or bill will be issued.
Unless otherwise terminated, this agreement shall terminate five years from September 30th following
the date of the Project Sponsor's signature.
30f5
AGREEMENT NUMBER:
SO-0739-07P
ARTICLE IX - Disputes
Where possible, disputes will be resolved by informal discussion between the parties. In the event the
parties are unable to resolve any disagreement through good faith negotiations, the dispute may be
resolved by the FAA Administrator, or designee whose decision is not subject to further administrative
review and, to the extent permitted by law, is final and binding (see e.g. 49 use 46110).
ARTICLE X - Funds Availabilitv
The Project Sponsor certifies that arrangements for sufficient funding appropriations have been made
for payments of the estimated costs set forth above, plus 10%.
ARTICLE XI - Construction of the Aareement
This agreement is an "other transaction" issued under 49 use 106(1) and (m) and is not a procurement
contract, grant or cooperative agreement. Nothing in this agreement shall be construed as
incorporating by reference or implication any provision of Federal acquisition law or regulation.
Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of
this agreement and any amendments thereto, and that, accordingly, this agreement shall not be
construed more stringently against one party than against the other.
ARTICLE XII - Warranties
The FAA makes no express or implied warranties as to any matter arising under this agreement, or as
to the ownership, merchantability or fitness for a particular purpose of any property, including any
equipment, device or software that may be provided under this agreement.
ARTICLE XIII - Protection of Information
The parties agree that they shall take appropriate measures to protect proprietary, privileged, or
otherwise confidential information that may come into their possession as a result of this Agreement.
ARTICLE XIV - Entire Aareement
This document is the entire agreement of the parties, who accept the terms of the agreement as shown
by their signatures below. In the event the parties duly execute any amendment to the agreement, the
terms of such amendment shall supersede the terms of this agreement to the extent of any
inconsistency.
If not signed and returned by the Project Sponsor within 120 days of FAA signature, this agreement
shall expire.
40f5
AGREEMENT NUMBER:
SO-0739-07P
FEDERAL AVIATION ADMINISTRATION
BY:
tJ.f~-f
NAME: $r~e:- A~3
Printed Name
NAME: Mario DiGennaro
Printed Name
TITLE: Contractina Officer
TITLE:
Mayor
DATE: ~~h7
t
DATE:
JUN 2 0 2007
Taxpayer ID#
::r ....
<:> =>
0 => -.,
:z ;p -..
:::0 -"... c- ,
on"!.,; C '~1
r-"'"'" \:.:1
r"11;x--< :oJ::
<J' r- '" ""I
(::J(J' U1 '.':J
~~ ?~; ?~:: ::D
~~~F~ "'" >:]
::I: ii'f
'.::-")
...,.. ~,;.. ':9 0
r- ~~
:I> ,",1 U1 ;:0
co CI
50f5