10/13/2015 Agreement •
STATE OF El ORIDA DEPARTMENT OF TRANSPORTATION 725-030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
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JOINT PARTICIPATION AGREEMENT Page 1 of 13
Financial Project Number(s): Fund: DDR FLAIR Category.: 088719
Stem-segment-phase-sequence) Function: 215750004
431133-8-94-01 Object Code:
Federal Number: Org.Code: 55062020629
Contract Number:G0562 DUNS Number: 80-939-7102 Vendor No.: VF596000749053
CFDA Number: Agency DUNS Number: CSFA Number: 55.004
CFDA Title: CSFA Title: EYW Master Plan Update
THIS AGREEMENT, made and entered into this ( 3 day of ajO 2-4715
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department,and Monroe County
3491 South Roosevelt Boulevard, Key West, FL 33040
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 06/30/2020 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
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
332,006(6)
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 update the last Master Plan update which was completed in 2002. Since then, there have been many changes to the
Airport, including the construction of the New Terminal Complex, the Runway Safety Area Project, and larger Critical
Aircraft(737's).
and as further described in Exhibit(s) A, B, C& D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental 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.
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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 this Agreement, 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. 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 Project Cost: The total estimated cost of the project is$ 100,000.00 This amount
is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof 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 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of$ 50,000.00 as detailed in Exhibit"B'. or in an amount equal to the
percentageTS)bf total cost shown in Exhibit"B",whichever 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 costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans, specifications,
contracts or other obligating documents as required by the Department, and all other terms of this
Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not
received the required approval of the Department 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 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 4.00.
5.00 Project Budget and Payment Provisions:
5.10 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 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 Section 4.00 of this Agreement, or Amendment thereto, and
is approved by the Department Comptroller.
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5.20 Payment Provisions: Unless otherwise allowed, 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. Payment shall be made only
after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer
of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance
of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected, which
correction shall be made within a time-frame to be specified by the Department.The Participant shall,within five days
after notice from the Department, provide the Department with a corrective action plan describing how the Participant will
address all issues of contract non-performance, unacceptable performance,failure to meet the minimum performance
levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
Department, the Participant shall be assessed a non-performance retainage equivalent to 10%of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld
until the Participant resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the
Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency, the
funds retained may be forfeited at the end of the Agreement's term.
6.00 Accounting Records:
6.10 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". Records of costs incurred under
terms of this Agreement shall be maintained in the project account and 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
Agency's general accounting records and the Project records, together with supporting documents and records, of the
Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants
considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the
expiration of the five (5)year period, the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
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.
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.
6.40 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.
- 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.
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133. for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations,or audits
deemed necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or
after December 26, 2014,as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of
the threshold established by OMB Circular A-133,for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the Agency must have a Federal single or program-
specific audit conducted for such fiscal year in accordance with the provisions of OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and in accordance with the
provisions of 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26, 2014. Exhibit A, B, C &D to this Agreement provides the
-- required Federal award identification information needed by the Agency to further comply with the
requirements of OMB Circular A-133,for fiscal years beginning before December 26, 2014, and
the requirements of 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning
on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the
Agency must consider all sources of Federal awards based on when the activity related to the
Federal award occurs, including the Federal award provided through the Department by this
Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, for fiscal years beginning before
December 28, 2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida
Auditor General in accordance with the provisions of OMB Circular A-133,for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014,will meet the
requirements of this part.
b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in OMB Circular A-133,for fiscal years beginning before
December 26, 2014, and as provided in 2 CFR Part 200,Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26, 2014.
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c. In the event the Agency expends less than the threshold established by OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, in
Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year.
However, the Agency must provide a single audit exemption statement to the Department at
FDOTSindeAudil@dot.state.fl.us no later than nine months after the end of the Agency's audit
period for each applicable audit year. In the event the Agency expends less than the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and
established by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26. 2014, in Federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-
Federal resources(i.e., the cost of such an audit must be paid from the Agency's resources
obtained from other than Federal entities).
d. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at
httysi/harvester.census gov/facweb!the audit reporting package as required by OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, within
the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end
of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, and
this Agreement. However, the Department requires a copy of the audit reporting package also be
submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt
of the auditor's report(s)or nine months after the end of the audit period as required by OMB
Circular A-133,for fiscal years beginning before December 26, 2014,and as required by 2 CFR
Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,
2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit
reporting package, including corrective action plans and management letters, to the extent
necessary to determine whether timely and appropriate action on all deficiencies has been taken
pertaining to the Federal award provided through the Department by this Agreement. If the Agency
fails to have an audit conducted in accordance with OMB Circular A-133,for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014, the Department may
impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions,the Department may take
appropriate actions to enforce compliance.
f. 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.
g. 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
EDOT5ngleAud it(Thdot,state,fl_es
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Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports,following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this
Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations,or audits deemed necessary by the Department, the Department of Financial Services(DFS)or State of
Florida Auditor General.
2. 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:
a. In the event the Agency meets the audit threshold requirements established by Section
215.97, Florida Statutes,the Agency must have a State single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable
rules of the Department of Financial Services; and Chapters 10.550(local governmental
entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit A, B,C&D to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply with the
requirements of Section 215.97, Florida Statutes. In determining the state financial assistance
expended in a fiscal year,the Agency shall consider all sources of state financial assistance,
including state financial assistance received from the Department by this Agreement, other
state agencies and other nonstate entities. State financial assistance does not include Federal
director pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
b. 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.
c. In the event the Agency does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state
single audit requirements of Section 215.97, Florida Statutes. However, the Agency must
provide a single audit exemption statement to the Department at FDOTSinaleAudit@doistate-.
fLu1 no later than nine months after the end of the Agency's audit period for each applicable
audit year. In the event the Agency does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, in a fiscal year and 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).
d. In accordance with Chapters 10.550(local govemmental 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, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSin IeAucit@clot ate,f1,us.
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 3 2 399-1 4 50
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e. 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.
f. 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.
g. Upon receipt, and within six months,the Department will review the Agency's financial
reporting package, including corrective action plans and management letters, to the extent
necessary to determine whether timely and appropriate corrective action on all deficiencies
has been taken pertaining to the state financial assistance provided through the Department
by this Agreement. If the Agency fails to have an audit conducted consistent with Section
215 97, Florida Statutes, the Department may take appropriate corrective action to enforce
compliance.
h. 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.
The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of
five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida
Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made
available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five
years from the date the audit report is issued unless extended in writing by the Department.
6.60 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 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 111th Ave. Miami , FL,
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.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the
criteria for evaluating successful completion.
7.12 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 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 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061,
F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates
lower than the maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
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(c) 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.
7.20 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 notice in writing not to make a payment on the project if:
7.21 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;
7.22 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;
7.23 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;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
7.26 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, including any and all
federal financial assistance as detailed in Exhibit"B."
7.30 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, 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 contractor 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 if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 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 terminate any or all of its obligations under this Agreement.
8.11 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 the 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.
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8.12 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, F.S. and made or received in conjunction with Ibis Agreement.
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 7.23.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. 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
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 287.055, F.S.,Consultants'Competitive Negotiation Act. At the discretion 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 that selection has been accomplished in compliance with Chapter 287.055, F.S.,the
Consultants'Competitive Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves the purchase of
commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,
which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold
Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions
of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or
contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of
the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits.
Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in
exceeding the current budget contained in Exhibit"6", or that is not consistent with the project description and scope of
services contained in Exhibit"A" must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
nonpayment by the Department as provided in Section 7,23.
10.30 Disadvantaged Business Enterprise(DBE)Policy:
10.31 DBE Policy:The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR.part26.in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract,which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986(31 U.S.C.3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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PUBLIC tRANSPORTATION
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11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: Page"""
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shah
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 pay or 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 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 involves 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.
11.20 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(42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
11.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification 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 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 Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et.
seq.), 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 officers, 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, directors
or employee's spouse or child,or any combination of them, has a material interest.
"Material Interest" means director indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the projector any properly included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
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: 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 Joint Participation Agreement constitutes a certification by
theAgency 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 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.
•
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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 properly records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
12.80 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.
12.90 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 its officers, agents,or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency.The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14)working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section.The Department's failure to promptly notify the
Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by
Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations,
and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all
expenses at trial.
13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall
provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit"C" if applicable. For
the plans, specifications,construction contract documents, and any and all other engineering,construction, and
contractual documents produced by the Engineer, hereinafter collectively referred to as"plans", the Agency will certify
that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established
by the Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"B"of this Agreement
as well as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
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.
•
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PUBLIC TRANSPORTATION
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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:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
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 year, the provisions of Chapter 339.135(6)(a), F.S., 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."
16.00 Expiration of Agreement:The Agency agrees to complete the project on or before
06/30/2020 . 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
District Secretary or Designee . 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.
16.10 Final Invoice:The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement.
17.00 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.
18.00 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.
19.00 Restrictions on Lobbying:
19.10 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 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 contract may be expended for lobbying the Legislature or a state
agency.
20.00 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 Financial Services. 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.
725-03006
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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), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day lime 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 Financial Services, 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(850)413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236.
21.00 Public Entity Crime: 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 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 ins.287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
22.00 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.
23.00 E-Verify:
Vendors/Contractors:
1. 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 Vendor/Contractor during the term of the contract; and
2.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.
24.00 Inspector General Cooperation:
The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, th ay and year first above written.
AGENCY FDOT
Monroe County
AGENCY NAME DEPART
.{E-)I OF TRANSPORTATION
Danny L. Kolhage , 1�(e id r'�S`A"'� I
AroeviPalNreDOR ) TITLE Director of Transsaort. ' jelopment
LEGAL REVIEW
' •
" CI
SIG
DEPARTMENT OF TRANSPORTATION
See attached +""'_ orm for date of Funding
Mayor/Chairman /'i >'C�}
Approval by(
TITLE t
MO ROE COU �!`iTFORM Y A
P OVED f/�(J
.e443L Sr. 111A • RK
FEDRO -MCRCADO -.� -2-1. ill C- /
AFSISfAN i rrir-r., Lam.,
•
72sm006
PUBLIC TRANSPORTATION
Exhibit D DGG-01/15
hibit D
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
• (e.g.,What services or purposes the resources must be used for)
• (e.g.,Eligibility requirements for recipients of the resources)
♦ (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above,the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule,or regulation
referred to.
FEDERAL RESOURCES
FederalAgency Oataloa of Federal Domestic Assistance(Number&Title) Amount
C mRiance Requirements
1.
2.
3.
STATE RESOURCES
State Aaencv Catl of tate Financial Assistance(Njjmber&Title) Amount
Compliance Requirements
1.
2.
3.
Matching.gesources for Federal Programs
Federal Agency catalog of Federal Domestic Assistance(Number 8_TitlI) amount
Compliance Requirements
1.
2.
3.
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 this exhibit be provided to the recipient.
•
TO: PT629LMWdot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0562
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #G0562 Contract Type: Method of Procurement:
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749053
Beginning date of this Agmt: 09/29/15
Ending date of this Agmt: 12/31/20
********************************************************••**************
ORG-CODE *EC *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
*************aa*******************************w*************************
Action: ORIGINAL Funds have been: APPROVED
55 062020629 *A9 *751000 * 348601.00 *43113389401 *215 •
2016 *55100100 •088719/15
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 348,501.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
➢ATE: 09/30/2015
•
•
TO: FI622SP®dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0562
STATE OF FLORIDA DEPARTMENT OP TRANSPORTATION
FUNDS APPROVAL
Contract #G0562 Contract Type: GD Method of Procurement: G
Vendor Name: MONROE COUNTY
Vendor ID: VE596000749053
Beginning date of this Agmt: 09/29/15
Ending date of this Agmt: 12/31/20
Contract Total/Budgetary Ceiling: ct = $348601
*******•••*********•*****,**********************************************
Description:
EYW - Master Plan Updates
**************************************•*********************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY 'CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************•*•*********
Action: ORIGINAL Funds have been: APPROVED
55 062020629 *A9 *751000 * -298601.00 *43113389401 *215 *
2016 •55100100 *088719/16
0001 *01 • *0001/04
TOTAL AMOUNT: *$ -298,601.00 •
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 10/05/2015
FINANCIAL PROJECT NO. 43113389401
CONTRACT NO. G0562
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 S. Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
PROJECT LOCATION:
Monroe County Airports
PROJECT DESCRIPTION:
To update the last Master Plan update which was completed in 2002. Since then, there
have been many changes to the Airport, including the construction of the New Terminal
Complex,the Runway Safety Area Project, and larger Critical Aircraft(737's).
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, 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. 43113389401
CONTRACT NO. G0562
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
Monroe County Airports
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
I. ESTIMATE PROJECT COST: $100,000.00
ESTIMATED TOTAL PROJECT COST: $100,000.00
11. PARTICIPATION:
Maximum Federal Participation
FTA, FAA (%) or
Agency Participation
In-Kind
Cash (%) or $50,000.00
Other
Maximum Department Participation,*
Primary
(DS)(DDR)(DIM)(PORT)(SAFE) (%) up to $50,000.00
Federal Reimbursable (DU)(FRA)(DFTA)
Local Reimbursable(DL)
ESTIMATED TOTAL PROJECT COST $100,000.00
"It is the intent of the Department to reimburse the Agency 80% of the total non-federal share of
eligible project cost up to the Departments maximum participation amount".
FINANCIAL PROJECT NO. 431 13389401
CONTRACT NO. Ci0562
EXHIBIT C
AVIATION PROGRAM ASSURANCFS
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida,Department of
Transportation and
Monroe County Airports
Key West International Airport
3491 S.Roosevelt Boulevard
Key West,FL 33040
A. General
I. Duration: The terms,conditions,and assurances of the Agreement shall remain in full force and effect
throughout the useful life of the facilities developed or equipment acquired for an airport development or noise
compatibility program project,or throughout the useful life of the project items installed within a facility under a
noise compatibility program project,but in any event not to exceed twenty(20)years from the date that the
Agreement is executed. However,there shall be no limit on the duration of the assurances regarding Exclusive
Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the
terms,conditions,and assurances with respect to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes
any action that is not consistent with these assurances,the full amount of this Agreement will immediately become
due and payable to the Florida Department of Transportation.
B.General Assurances
The Agency hereby assures that:
1. Good Title: It holds goad title,satisfactory to the Department,to the landing area of the airport or site thereof,
or will give assurance satisfactory to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a.It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms,conditions,and assurances in the Agreement without the
written approval of the Department,and will act promptly to acquire,extinguish or modify any outstanding
rights or claims of right of others which would interfere with such performance by the Agency.This shall
be done in a manner acceptable to the Department.
b.If an arrangement is made for management and operation of the airport by any agency or person other
than the Agency or an employee of the Agency,the Agency will reserve sufficient rights and authority to
ensure that the airport will be operated and maintained according to applicable federal and state laws,
regulations,and rules.
3. Hazard Removal&Mitigation: It will clear and protect terminal airspace required for instrument and visual
operations at the airport(including established minimum flight altitudes)by removing,lowering,relocating,
marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation
of future airport hazards.
Joint Participation Agreement(JPA)Exhibit C
Page 1
3/13/2009
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning
ordinances that comply with Chapter 333,F.S. The ordinances shall address height restrictions and other potential
aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport
includes all areas that will be affected by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local
land use regulations that would adversely affect the continued level of airport operations by the creation or
expansion of incompatible land use areas.The Agency assures that it will provide the Department with a copy of all
local airport zoning ordinances,codes,rules,regulations,and amendments.including proposed and granted
variances thereto.
5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted
into the local government comprehensive plan at the earliest feasible opportunity.
6. Airport Layout Plan:
a.It will keep a layout plan of the airport up to date showing:
(1)Boundaries of the airport and all proposed additions thereto,together with the boundaries of all
offsite areas owned or controlled by the Agency for airport purposes and proposed additions
thereto;
(2)location and nature of all existing and proposed airport facilities and structures(such as
runways,taxiways,aprons,terminal buildings,hangars,and roads),including all proposed
extensions and reductions of existing airport facilities;and
(3)Location of all existing and proposed non-aviation areas and of all existing improvements
thereon.
b. Such airport layout plans and each amendment,revision,or modification thereof,shall be subject to the
approval of the Department.The Agency will not make or permit any changes or alterations in the airport or
any of its facilities that are not in conformity with the airport layout plan as approved by the Department
and which might,in the opinion of the Department,adversely affect the safety,utility,or efficiency of the
airport.
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
3/13/2009
10.Operation&Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of
the airport,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation.
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 ther 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.
IN 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.
1S. 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 Airspace
Protection.
C.Planning Projects
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 C
Page 3
3/13/2009
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:
I. Applicable Laxs: 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 28623,
F.S.
2. Administration: Maintain direct control of project administration,including:
a.Maintaining responsibility for all contract letting and administrative procedures necessary for the
acquisition of the land interests.
b. Securing written permission from the Department to execute each agreement with any third party.
c.Furnishing a projected schedule of events and a cash flow projection within twenty(20)calendar days
after completion of the review appraisal.
d-Establishing a project account for purchase of land interests.
e.Collecting and disbursing federal,state,and local project funds.
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land
purchase according to Chapter 332,F.S.:
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
3/13/2009
Department within 30 calendar days to achieve normal project federal,state,and local funding shares
as described in Chapter 332,F.S.
c.If federal funds are not received for the land purchase,the Agency shall reimburse the Department to
achieve normal project state and local funding shares as described in Chapter 332,F.S.,within 30 calendar
days after the loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the land purchase is
less than or equal to normal state and local funding shares as described in Chapter 332,F.S.,when the loan
matures,no reimbursement to the Department shall be required.
4. New Airports:
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.
b.Apply for federal and state funding to construct a paved runway,associated aircraft parking apron.and
connecting taxiway within one year of the date of land purchase.
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.
5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this
Agreement within ten years after the acquisition date.
6. Disposal of land:For land purchased under an Agreement for airport noise compatibility or airport development
purposes,disposition of such land will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which arc compatible with noise levels associated
with operation of the airport.
E. Aviation Construction Projects
If this project involves construction,the Agency assures that it will:
1. Certifications: Provide certifications that
a.Consultant and contractor selection comply with all applicable federal,state and local laws,rules,
regulations,and policies.
b.All design plans and specifications comply with federal,state,and professional standards and applicable
Federal Aviation Administration advisory circulars.
c.The project complies with all applicable building codes and other statutory requirements.
d.Completed construction complies with the project plans and specifications. Such certification must
include an attestation from the Engineer that the project was completed per the approved project plans and
specifications.
2. Design Development Criteria: The plans,specifications,construction contract documents,and any and all
other similar engineering,construction,and contractual documents produced by the Engineer for the project is
hereinafter collectively referred to as"plans"in this Exhibit.
Plans shall be developed in accordance with sound engineering and design principles,and with generally accepted
professional standards.
Joint Participation Agreement(JPA)Exhibit C
Page 5
3/13/2009
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:
• Federal Aviation Administration Regulations and Advisory Circulars
• Florida Department of Transportation requirements per chapter 14-60.Florida Administrative Code,Airport
Licensing,Registration,And Airspace 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
pavementat 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:
I. 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.
Joint Participation Agreement(JPA)Exhibit C
Page 6
3/13/2009
•
FINANCIAL PROJECt NO.43113389401
CONTRACT NO.G0562
EXHIBIT D
AUDIT
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below.If
the resources awarded to the recipient represent more than one Federal or State program, provide the same
information for each program and the total resources awarded. Compliance Requirements applicable to each
Federal or State program should also be listed below. If the resources awarded to the recipient represent more than
one program,list applicable compliance requirements for each program in the same manner as shown here:
• (e.g.,Eligibility requirements for recipients of the resources)
• (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific
laws,rules, regulations, etc. The State awarding agency, if practical,may want to attach a copy of the specific law,
rule,or regulation referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount
Compliance Requirements
2.
3.
STATE RESOURCES
State Agency Catalog of Federal Domestic Assistance(Number&Title) Amount
FDOT 55.004 Aviation Development Grants $50,000.00
Compliance Requirements
1. In developing audit procedures to test compliance with the requirements for a state project,the auditor should first
look to Pan Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance
requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and
Four for the details of the requirements.
Activities Allowed
Airport Planning
Airport planning Grants are to study options for airport development and operations.The Development funds airport
master plans,airport layout plan(ALP),noise and environmental studies,economical impact, services development,
and airport promotion. Examples of projects are:
-Master plans and ALPs;
-Master drainage plans;
-Environmental assessments(EA);
-Development of regional impact(DPI);
•
-Operations and emergency response plans;
-Federal Aviation Regulations(FAR)Part 150 noise studies;
-Environmental impact study(EIS)
-Wildlife hazard studies;
-Feasibility and site selection studies;
-Business plans;
-Airport management studies and training:
-Air services studies and related promotional materials.
(FDOT Aviation Grant Program Handbook)
Airport Improvement
These grants arc to provide capital facilities and equipment for airports.Examples of projects are
—Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers,
lighting,control towers,instrument approach aids,automatic weather observation stations);
-Land-side capital improvement project (terminal building, parking lots and structures, road and other access
projects);
-Presentation projects (overlays, crack scaling, marking, painting buildings, roofing buildings and other approved
projects);
-Safety equipment(including AARF firefighting equipment and lighted Xs);
-Safety projects (trees clearing, land contouring on overrun areas, and removing, lowering, moving and marking,
lighting hazards);
-Information technology equipment(used to inventory and plan airport facility needs);
-Drainage improvement.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway
approach areas from encroachment. Administrative Cost, appraisals, legal fees, surveys, closing costs and
preliminary engineering fees are eligible cost.In the event the negotiation for a fair market value is unsuccessful,the
court will be petitioned for"an Order of Taking' under the eminent domain laws of Florida- Examples of projects
are:
-Land acquisition(for land in an approved master plan or ALP);
-Mitigation land(on or off airport);
-Aviation easements;
-Right of way;
-Approach clear zones.
(FDOT Aviation Grant program Handbook)
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
-Any airport improvement and land purchase that will enhance economic impact;
-Building for lease;
-industrial part infrastructure and buildings;
-General aviation terminals that will be 100 percent leased out;
-Industrial park marking programs
(FDOT Aviation Grant Program Handbook)
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be
found in the Aviation Grant Program manual which can be accessed through the intemet at
wtsw.dot.st a le.Il.u s?Avial itvP a blic.htm
Matching
Commercial Service Airports
When no federal funding is available,the Department provides Up to 50 percent of the project cost.(FDOT Aviation Grant Program Handbook and Section 332.007(6)Florida Statutes)
General Aviation Airports
When no federal funding is available, the Department provides up to 80 percent of the project cost. FDOT Aviation
Grant Program Handbook and Section 332.007(6)Florida Stamtes)
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-
producing capital improvements. This program is for local match only. FDOT Aviation Grant Program Handbook
and Section 332.007(6)Florida Statutes)
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. FDOT
Aviation Grant Program Handbook and Section 332.007(6)Florida Statutes)
Matching Resources for Federal Programs
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 this exhibit be provided to the
recipient.