10/19/2016 Agreement1.
_, r
DATE: December 13, 2016
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
TO: Don DeGraw,
Director of Airports
ATTN: Beth Leto,
Airport Business Manager
FROM: Cheryl Robertson Executive Aide to the Clerk of Court &Comptroller N-11
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
C6 Approval of Lease Amendment and Extension with Avis Budget Car Rental, LLC for their Car
Rental Preparation Facility at The Key West International Airport extending the term of contract through
December 31, 2022 and increasing the annual rent to $80,388.24, plus tax.
C8 Ratification and approval of Federal Aviation Administration AIP Grant Agreement #3-12-0037-
053-2016 providing funding to Rehabilitate Commercial Apron -Construction ($9,087,485.00), Airfield
Drainage Improvement Phase 2&3 Construction ($1,831,446.00), and Rehabilitate Runway 9/27
Pavement and Lighting- Design($609,803.00) at the Key West International Airport. The project will be
funded 90% by FAA,5% FDOT (grant #GOE46), and 5% Passenger Facility Charges.
C 12 Ratification and approval of State of Florida Department of Transportation Joint Participation
Agreement Number GOE76 providing funding of $386,000.00 for the purchase of Essential Airport
Equipment at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20%
Marathon Airport operating funds.
C 13 Ratification and approval of State of Florida Department of Transportation Joint Participation
Agreement Number GOE77 providing funding of $300,000.00 for Planning Studies at the Key West
International Airport, to be funded 50%FDOT and 50% Key West International Airport operating funds.
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
C20 Ratification of the Amended Concessions Lease with DTG Operations, Inc. (item C-4, approved
on 09/21 /2016), to now include Exhibit A, which was previously not included.
C21 Ratification of the Amended Concessions Lease with Hertz Corporation (item C-5, approved on
09/21/2016), to now include Exhibit A, which was previously not included.
C24 Ratification and approval of State of Florida Department of Transportation Joint Participation
Agreement Number GOE40 providing funding of $34,000.00 for Runway Rehab and Lighting Design at
the Key West International Airport, to be funded 50% FDOT and 50% EYW Airport Operating.
C26 Ratification and approval of State of Florida Department of Transportation Joint Participation
Agreement Number GOE46 providing funding of $510,000.00 for Commercial Apron Rehab at the Keys
West International Airport, to be funded 50% FDOT and 50% Passenger Facility Charges.
Enclosed is a duplicate originals executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
Flneociel Proaci Numberts).
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d3857129401
Contract Number G0[4C
CFDA Number.
CFDA Title:
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund. DPTO_
_ Function_
Federal Number. _
DUNS Number
Agency DUNS No
FLAIR Category: 088719
Object Cade.
751000
Org. Code:
55062020G2e
vendorNo.
rES5000149053
CSFANumber
55004
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THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this /)(h day of
0:76 (,, Pi by and between the S'I ATE OF FLORIDA DEPARTMENT OF TRANS PORTATION..
an agency of the State of Florida, ("Department"), and Monroe Cour-I Airports - Key_West Internajional Airport. 3491
South Rooselvelt Blvd Key West. FL 33040 ("Agency"). The Department and Agency agree that all terms of this
Agreement will be completed on or before December 31 2021 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, Florida
Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows'.
1.00 Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in
To reconstruct Taxiway A and the stub taxiways to and from Runway 9-27 and the Gammercial Apron. The age of the pavement
combined with the increased traffic and aircraft size has needled in the pavement showing signs of distress and a potential
generator of FOR on the taxiways.
and as further described in Exhibit 'A" attached to and incorporated into this Agreement ("Project'), and to provide
Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
1.10 Exhibits. A, B, C and D are attached and incorporated into this Agreement.
PUBLIC TRANSPORTATION `v 111
JOINT PARTICIPATION AGREEMENT T'A T*? h1TN ion
2.00 Accomplishment of the Project
2.10 General Requirements. The Agency shall commence, and complete the Project, wim all practical dispatch, in a
sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement. the Agency will initiate
and consummate.. as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the Project as the Department may require as
listed in Exhibit "C" attached to and incorporated into this Agreement The Department has the option to require an
activity report on a quarterly basis. The activity report will include details of the progress of the Project towards
completion.
3.00 Total Project Cost. The total estimated cost of the Project is $68 000.00. This amount is based upon the estimate
summarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in
excess of the total estimated cost of the Project and any deficits involved.
4.00 Project Costs Participation and Eligibility:
4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the
Project in the amount of $34,000.00 as detailed in Exhibit "B or in an amount equal to the percentagets) of total cost
shown in Exhibit "e". whichever is less.
4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including
contingenciesin the Project in the amount of $34,000,00 as detailed in Exhibit "B", or in an amount equal to the
percentages) of the total cost shown in Exhibit "B", whichever Is more.
4.12 Federal Awards. The Agency, a non-federal entity, ❑ is ❑ is not a recipient of a federal award, as detailed in
Exhibit "B."
4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of
this Agreement. It is understood that State participation in eligible Project costs is subject to:
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 W and `B°) at the time appropriation
authority becomes available.
PUBLIC TRANSPORTATION C9WC
JOINT PARTICIPATION AGREEMENT r "'TORTo1
4.30 Front End Funding. Front end funding [] is [9 is not applicable. If applicable, the Department may initially pay
100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in
paragraph 4.10.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by
the Agency and approved by the Department The Agency shall maintain said schedule of funding, carry out the Project,
and shall Incur obligations against and make disbursements of Project fends only in conformity with the latest approved
schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit B. The schedule of
funding may be revised by execution of a Supplemental Agreement between the Department and the Agency. The
Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's
contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's
Comptroller. No Increase or decrease shall be effective unless it complies with fund participation requirements of this
Agreement and is approved by the Department's Comptroller.
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 216 and 216, Florida Statutes. If the Department determines that the pedonnance of the
Agency is unsatisfactory, the Department shall unity the Agency of the deficiency to be corrected which correction shall
be made within a time -frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency will address all issues
of Agreement non-performance, unacceptable performancefailure to meet the minimum performance levels, deliverable
deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency
shall be assessed a non-perfannance 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 Agency resolves the
deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during
the next billing period. If the Agency 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", 2 CFR Part 225, 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.
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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 staling In proper detail the purpose for which such check or order is drawn. All checks, payrolls.
invoices, contracts, vouchers, ordersor 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.
1. Federal Funded
a) In addition to reviews of audits conducted in accordance with 2 Cl Part 200, Subpart F — Audit
Requirements, 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. l'he 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
b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this Agreement is subject to the
following requirements.
I. In the event the Agency expends a total amount of Federal awards equal to or in excess of
the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency
must have a Federal single or program -specific audit conducted for such fiscal year in
accordance with the provisions of 2 CFR Pad 200, Subpart F —Audit Requirements. Exhibit
A. B. C and D to this Agreement provides the required Federal award identification information
- - - needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F
— Audit Requirements. In detenoining 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 2 CFR Part 200, Subpart F — Audit
Requirements. An audit conducted by the State of Florida Auditor General in accordance with
the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, will meet the requirements
of this part.
I. In connection with the audit requirements, the Agency shall fuRill the requirements relative to
the audilee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements.
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Ill. In the event the Agency expends less than the threshold established by 2 CFR Part 200,
Subpart F —Audit Requirements, 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 FDOTSingleAuddGDdot.stai 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 2 CFR Part 200, Subpart F — Audi,
Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, the cost
of the audit must be paid from non -Federal resources (io., the cost of sucii an audit must be
paid from the Agency's resources obtained from other than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
httos /lharvester.census.govlfameb! the audit reporting package as required by 2 CFR Para
200. Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of
the auditor's reports) or nine months after the end of the audit period. The FAG is the
repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements.
However, the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudita.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 2 CFR Part
200, Subpart F — Audit Requirements.
Within six months of acceptance of the audit report by the FAC, 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 2 CFR
Part 200, Subpart F— Audit Requirements, 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, which actions may include but not be limited to the following.
7. Temporarily withhold cash payments pending correction ofthe deficiency by the Agency
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance',
3. Wholly or partly suspend or terminate the Federal award,
4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and
Federal awarding agency regulations (or in the case of the Department, recommend
such a proceeding be initiated by the Federal awarding agency);
S. Withhold further Federal awards for the Project or program,
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records
including financial statements, the independent auditor's working papers and project records
as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
a e.'i
vii. The Department's contact information for requirements under this part Is as follows.
Office of Comptroller, PAS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAu iAlAdol.State it us
2. State Funded
a) 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 inspectione reviews, investigations, or
audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of
Florida Auditor General.
b) The Agency, anonslate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of slate
financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
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 and 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 direct or pass -
through awards and resources received by a nonstate entity for Federal program matching
requirements.
it. 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 10 660 (nonprofit and for -profit organizations), Rules
of the Auditor General.
Ill. 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
FDOTSinaleAuditA(Iot.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 does not meet the audit
threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT seoniniiov
�swo-o7
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 (te., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
V. In accordance with Chapters 10.550 (local governmental entitles) 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
F DOTSinaleAuditAdot.state.f I. us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street. Room 401
Tallahassee, FL 32399-1450
Email . flaudoen localaoyt(a)aud.state it us
V. Any copies of financial reporting packages, reports or other information required to be
submitted to the Department shall be submitted timely m accordance with Section 215.97,
Florida Statutes, and Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
vi. The Agency, when submitting financial reporting packages to the Department for audits done
in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Agency in correspondence accompanying the reporting
package
vii. 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.
viii. As a condition of receiving state financial assistance, the Agency shall permit the Department,
or its designee, DFS or the Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the
action is complete or the dispute is reso:ved.
PUBLIC TRANSPORTATION -
JOINT PARTICIPATION AGREEMENT
3. 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,
DES 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, of its designee. DES or State of Florida
Auditor General upon request fora period of five yeas from the data the audit report is issued unless extended
in writing by the Department.
6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and wil, 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 facilifies. 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. l'he Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District Six Public Transportation Office 1000 NW 111 Avenue Miami, FL , 33 772. 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) tojustify and support the payment requisitions.
7.11 Deliverables. 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 forevaluating successful completion.
7.12 Invoices. Invoices for fees another compensation for services or expenses shall be submitted in detail sufficient for
a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit 'A." Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Department and that the required minimum level of service to be performed based on the
criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section
112,061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
7.15 Property Acquisition. 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.
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 lawsrules and procedures that may
apply to the Agency acquiring the real property.
7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests
for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this
Agreement, the Department may elect by notice in writing not to make a payment if:
PUBLIC TRANSPORTATION
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JOINT PARTICIPATION AGREEMENT * =v
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a) The Agency shall have made misrepresentation of a material nature in its application, of any supplement
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement,
b) There is any 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
c) 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 adveed by the Department that same are approved,
d) There has been any violation of the conflict of interest provisions contained in this Agreement',
e) The Agency has been determined by the Department to be in default under any of the provisions of the
Agreementor
f) 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 Project costs incurred
by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are
not provided for in the latest approved scope and budget for the Project. costs attributable to goods or services received
under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to
receipt of annual notification of fund availability.
7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for
.work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for
work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the
Project', or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is
rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any
or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has
ceased or been corrected. or the Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, which may
include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and
contactsand 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 offederal financial participation in the Project shall not constitute a waiverof any claim which the Department
may otherwise have arising out of this Agreement.
PUBLIC TRANSPORTATION
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1111211
8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for
refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119.
Florida Statutes.
9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's
authorized representatives to Inspect all work, materials, payrolls, records', and to audit the books, records and accounts
pertaining to the financing and development of the Project
10.00 Contracts of the Agency:
10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requi,ing the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If
the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7 20(c). The
Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project,
the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and -agreed by the parties to this
Agreement that participation by the Department in a project with an Agency, where said project involves a consultant
confractfor engineering. architecture or surveying services, is contingent on the Agency complying in full with provisions
of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Actthe federal Brooks Act, 23 CFR 172,
and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant
Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants'
Competitive Negotiation Act and the federal Brooks Act.
10.22 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 arms 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, Florida Statutes, is contingent on the Agency complying in full with the
provisions of Chapter 287.057, Florida Statutes. 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, Florida Statutes. It
shall bathe 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 "B 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 20(c).
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that
OBE's, as defined in 49 CFR Pad 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and stale laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
PUBLIC TRANSPORTATION `vuxur
JOINT PARTICIPATION AGREEMENT
with applicable federal and state laws and regulations to ensure that the DRE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction
services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to
be paid from state appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Flobda
Statutes.
11,00 Restrictions, Prohibitions, Controls, and Labor Provisions
11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall 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, colorsex, or national origin. Such action shall include, but net be
limited tothe 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 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.O. 2000d, at 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 Agreement constitutes a certification that the Agency will
comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1966 (42 U.S.C. 3601. at seq.h which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age
11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq) the regulations of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto.
.1.50-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 Projectwith 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, director's or
employee's spouse or child, or any combination of them, has a material interest.
a) "Material Interest" means direct or indirect ownership of more than 5 % of the total assets or capital stock of
any business entity.
b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property
included or planned to be included in the Project, with any person or entity who was represented before the
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Agency by any person who at any time during the immediately preceding two (2) years was an officer,
director or employee of the Agency.
c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government.
or any agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of
the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any
benefit arising therefrom.
12.00 Miscellaneous Provisions
12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project
will be carried out in conformance with all applicable environmental regulations including the securing of any applicable
permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any
loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any
party other than the Agency.
12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default.
12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable
law.
12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also.
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
12.60 Stale 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
Agcrcy to the end that the Agency may proceed as soon as passible with the Project.
12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop
control systems as required by 49 CFR Part 18, when applicable.
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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. The Agency must remit said proportional amount to the Department within one it) year
after the official date of disposal.
12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify,
defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, lass, 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, crib; 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. Nothing in this
Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by
Section 768.28, Florida Statutes.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required underline 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.
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:
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT rx.nsoe���ioi
15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple
fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being
Incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible
for reimbursement If incurred priorto funds approval being received. The Department will notify the Agency, in writing.
when funds a,e available.
15.20 Multi -year Commitment. In the event this Agreement is in excess of 525,000 and has a term for a period of more
than one (1) year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated'.
'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 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 December 31 2021. If the
Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time
period is requested by the Agency and granted in writing by the Department prior to expiration of this Agreement.
Expiration of this Agreement will be considered termination of the Project and the procedure established in Section 8 00
of this Agreement shall be initiated. The cost of any work performed after the expiration date of this Agreement will not
be reimbursed by the Department.
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 in this Agreement 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 gentler 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 federally -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.
PUBLIC TRANSPORTATION -
JOINT PARTICIPATION AGREEMENT iaaasmar%e���m
If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency. a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL. "Disclosure of Lobbying Activities,' in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub -awards at all
tiers (Including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all
sub -recipients shall certify and disclose accordingly.
19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature.. the judicial
branch or a state agency.
20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following
time frames:
a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured
from the latter of the date the invoice is received or the date the goods or services are received. inspected, and
approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt
of a complete and accurate invoice.
b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to
Section 55.031 Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency.
The 40 days are measured from the latter of the date the invoice is received or the dale the goods or services
--- are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless
the Agency requests payment. Invoices that have to be returned to the Agency because of Agency 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 DFS. The
duties of this individual include acting as an advocate for Agencies who may be experiencing problems in
obtaining timely paymemp) from the Department. The Vendor Ombudsman may be contacted at (850) 413-
5516
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract
entered into pursuant to this Agreement.
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 in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b) In accordance with Section 287.134, Florida Statutes, 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
PUBLIC TRANSPORTATION runic
JOINT PARTICIPATION AGREEMENT `r0a�a�r��r=aia
c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Agency.
d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract
OF arrangement in connection with the Project or any property included or planned to be included in the
Project In which any member, officer or employee of the Agency or the locality during tenure or for two (2)
years thereafter has any interest, director Indirect. If any such present or former member, officer or employee
involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest
is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the
prohibition contained in this paragraph provided that any such present member, officer or employee shall
not participate in any action by the Agency or the locality relating to such contract, subcontract or
arrangement The Agency shall insert in all contracts entered into in connection with the Project or any
property included or planned to be included in any Project, and shall require its contractors to insert in each
of their subcontracts, the following provision.
No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal
depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
23.00 Employment Eligibility (Using E-Verify). AgencyNendors/Contractors.
a) 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 Agency during the term of the Agreement; and
b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant
to the Agreement 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 contractor or subcontractor during the
Agreement term.
24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to
incorporate In all subcontracts the obligation to comply with Section 20.055(5). Florida Statutes.
25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed
under this Agreement.
26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the
Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and
without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number
will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract
Tracking System (FACTS).
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
AIPLIC
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written
AGENCY
Monroe County Airports - Key West
International Ar o»�_
AGENCY NAME
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DEPARTMENT
Dr[$,'[cJ1GFTFANrc R
Harald Oesdunes
TITLE Director of Imn:porntion Development
LEGAL REVIEW, DEPARTMENT OF =ATION
See attached Encumbrance Form for date of
Funding Approval by Comptroller
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TO: PT629DHQdot_state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT GOE40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract 4G0E40 Contract Type: Method of Procurement:
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749053
Beginning dateof this Agmt: 06/29/16
Ending data of this Agmt: 12/31/21
•wrrr+*+wx+«:+++r«♦♦rxr+r+xxrx*r+«rr+rrrx++x++a+++++++xxr«*++w++++++exxr
ORG-CODE. *EO *OBJECT *AMOUNT +FIN PROJECT *FCT *CFDA
(FISCAL YEAR) -BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SF.Q. *USER ASSIGNED IO *ENC LINE(6S)/S7ATUS
rw+ar+♦+r++++w+r+rw++rrrr+xrrr«+++arr+++++r+++*+++++++r+wrrrrrx*:r++x+rr
Action: ORIGINAL Funds have been: APPROVED
55 062020629 *A9 *751000 * 34000.00 *43869129401 *215
2017 +55100100 *088719/17
0001 *00 * *0001/04
----------------- _----- _____------ ______------------------- _________
TOTAL AMOUNT: *$ 34,000.00 *
_--- _------- ___------- _....______.___-___-___-'________._..--_--
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
➢ATE: 08/31/2026
83
Motion was made by Conmrissioner Neugent and seconded by Commissioner DiGennaro
granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried
wtanimously.
PRESENTATION OF AWARDS
Presentation of Mayor's Proclamation declaring the week of May 22-28, 2010 as Safe
Boating Week in Monroe County.
Presentation of Mayor's Proclamation celebrating Mote Marine Laboratory's 55th
anniversary and the week of June 13-19 as Mote Marine Laboratory Week in Monroe County.
Presentation by the Students Peace Alliance to dedicate, with a plaque, a portion of all
Monroe County Parks as a Community Peace Park. Motion was made by Commissioner
DiGennaro and seconded by Commissioner Carruthers to adopt the following Resolution in
support of the item. Motion carried unanimously.
RESOLUTION NO. 124-2010
Said Resolution is incorporated herein by reference.
BULK APPROVALS
Motion was made by Mayor Murphy and seconded by Commissioner Neugent granting
approval of the following items by unanimous consent:
Board granted approval for the Friends of the Key West International Airport to hold an
Airport Open House at Key West International Airport on February 5, 2011.
Board granted approval for the Mayor to execute Airports Federal Aviation
I! Administration and Florida Department of Transportation Grants as received, to meet deadlines
for return to granting agency, soil expedite use of grant funds. Grants to be ratified by the
County Commission at the next County Commission meeting.
Board granted approval of award of bid to Gardens of Eden of the Florida Keys for
landscaping services at the Key West International Airport.
Board granted approval and authorized execution of a Supplemental Joint Participation
Agreement APT62 between Monroe County and the Florida Department of Transportation for
additional 100% funding for Security Upgrades at the Key West International Airport.
Board granted approval and authorized execution of Amendment H005 to the Home Care
for the Elderly (HCE) Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on
Aging) and the Monroe County Board of County Commissioners (Social Services/In Home
Services) for Fiscal Year 7/l/09 to 6/30/10,
,HMKSIO�NGkS
County Of Monroe BOARD (OUV11 CO
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Cowlty Commission Meeting
October 19, 2016
AgetAt Ttem Number. C.24
Agenda Item Smnmaiv #2193
BIIAIILAI )ca
I IN]L APPROXIMATE:
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D I': PAR IN] F. NI': Airport,
S'I AFF CON I W I; Beth Leto (305) 809-52Io
AGENDA ITEM WORDING: Ratification and nppmval of State of Florida Department of
Transportation Jolin Participation Agreement Number 60F40 providing finding of S34,000.00 Cor
Runway Rehab and Lighting Design at doe Rey West Intemational Airprnl, to be funded 509sj FDOT
and 50% F.YW Airport Operating.
I fItRI BA( hGI201;ND l , rcamsh uvt l aaiua} 1 and the stub tax m, Js kr and from Rnme,ip 0-
27 and the Commercial Apron.'The age of the pavement combined with the inerea,,ed traffic and
aircrult size has Ic,ulted in the pavement shoe ing signs (if distress and a potential generator of
foreign object debris IFOD1 on the 1amwzvs.
PRRFIOI S RF,LF'CC VA BO.AC FION: On Stay I9.2010, the BID CC' grained approval for
the Mayor to execute FAA and FDOT grants as received to meet deadlines fill return to the granting
agency and expedite use of grant funds, with grants to be ratified by the CoIII) o Comer issiou at the
next BOCC meeting.
C:'ONN FR V PAGREE\IENl' C'H ANGIS:
Ncw Gram
SI Ilf-IRECONIAIEND.AT ION: Appmrnf_
DW IiMEN IAHON:
FDOT 00E40 Runway Rehab and Lighting Design JPA
FINANC IAL IJIP WI! —�
Effective hate: upon execution.
F%phaliou Date 113l21131
l otal Dollar N alue of ContracC 534,000.100
'I.1al Cost to Comtti N/A
('III,] ell( Year Portion: 2017
Budgeted:
.smuce (If Funds: 50'% 1,1)OF/50% 4:1'FlOperating
CPI:
Indircet Costs:
ICslirnated Ongoing Costs Not Im luded in nboce dollar anxmntc:
RLAcou9 Produclog: N/A amount:
I to atilt:
Collim A;Itch.
Insurance Required:
Additimtall De(ails:
RENT ENI 11) B}
PCdrO Mercado
Completed
10,'012016 11:00 AM
Beth Leto
Completed
10'03/2016 11:30 AM
Budget and Finance
Completed
10/03/2010 11:38 AM
Maria Sla%ik
Completed
10/03/2010 11 S3 AM
Kathy Pclers
Completed
IOM3/2016 11:01 PM
Bsa.d of Count, Commissioners
Pending
10,192016 9:00 AM
FINANCIAL_ PROJECTNO. 43867129401
CON IRAC I NO, GOL40
LXIIIBII A
PRO.JFCI DESCRIPTION AND RRSPONSIBIL1'l IP.S
This exhibit forms an integral part of that certain Joint Participation Agrcnnent
between the State of Florida. Derailment of ran pnrtation and
Monroe County Airports
Key West International Airport
3491 S. Roosevelt Boulevard
Key West FI. 33040
referenced by the above Financial Project Number_
PROJECT' LOCATION:
Monroc County Airports
PROJECT DESCRIPTION:
To reconstruct Taxiway A and the stub taxiways to and from Runway 9-27 and the
Commercial Apron. The age of the pavement combined with the increased traffic and
aircraft size has resulted in the pavement showing signs of distress and a potential
------generator of FOD on the taxiways.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit repert(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 stale
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.
The Agency must submit an invoice to (lie Department no later than one hundred and
twenty days (120) after the period of service covered by said invoice. Failure to submit
invoice in a timely manner may result in non-payment by the Department.
The Agency shall submit two (2) copies of a Single Audit report as required and shown in
Paragraph 7,60. Failure to provide the required report will result in non-payment by the
Department.
Funds encumbered for this contract will be forfeited if not extended by March 3 1 " of the
fifth fiscal year following the fiscal year of the encumbrance. Forfeiture of said funds
may further results in termination or voidance of the contract.
The District office shall visit each active project no Tess than once a year until the project
is completed. When a project is completed, the District office will conduct a final site
visit prior to processing the final invoice to verify that the work was completed in
accordance with the JPA. All site visits shall be documented in the District project file.
SPECIAL CONSIDER ATIONS BY DEPARTMENT: None
I INANCIAL PROJECT NO. 43867129401
CONTRAC P NO. GOE40
t XIIIIII I It
PROJF.CJ'BLDGET
I his exhibit forms an iutegivl pail of that certain Joint Participation .Agreement bemeen
the State of Florida, Department ofTrunsportation and
Monroe County Airports
Key West International Airport
3491 S. Roosnell Boulevard
Kev West, FI.33040
Referenced by the above Financial Project Number.
I. ESTIMATE PROJECT COST', $68,000.00
ESTIMATED TOTAL PROJECT COST $68.000.00
11. PARTICIPATION:
Maximum Federal Participation
FTA, FAA (%) or
Agency Participation
ImKiud
Cash (50%) or $34.000.00
Other
Maximum Department Participation,'
Primary
(DDR) (50%) up to $34,000.00
Federal Reimbursable (Dt1)(FRA)(DFTA)
Local Reimbursable (DI.)
F.ST7MATF.D TO I AL PROJECT COST S6R,000.00
`4l is the intent of the Department to reimburse the Agency 50% of the total non-federal
share of eligible project cost up to the Departments maxiamm participation amount'.
PINANCIAI. PROJYC"I NO. 43867129401
CON II I NO.GOF40
AN PROGRAM ASSORAN( ES
this ,I,, bit ihrma an inregrnl part ifIll e Joint parr wipatiot, A grccnic tit between the SlateofI forida, Department of
Tmnspormtiou and
V1nn mComa, Airports
Key West Interratiunal Airport
3491 S. Rdoscvclt Boulevard
Key West, 1=1.33040
A. General
I. Duration: The terms, conditions, and assurances of der Agrzement shall remain in foil fume and effect
througlmut 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 ander a
noise compatibility program project, but in any event not to exceed twenty (20) years from the date that tine
Agreemenl is executed. However, there shall be no limit no the duration of the no,oust es regarding P.xclasivc
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 Ihesc assurances for the dumnon of this Agreement. If the Agency takes
env action that is not consistent with these aashnances, the full amount of this Agreement will immediately become
due and payable to the Florida Department of Transportation.
B. General Assurances
The Aeency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Departmen, to the landing area of the airport or site thereof,
or will give ass ranee satisfactory to the Deportment that good title will he acquired.
2. premrvia, Rights and Powers
a. It will not take or permit any action which would operate to depnvc it of any drift, rights aM powers
necessary to perform any or all of the terms, conditions, and assurmnces in the Agreement without the
wrinen approval ofthe 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 Deportment,
b, h 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,
recralaGons, and rules.
3. hazard Removal & Mitigation: It will clear and protect terminal airspace required for iostmnheat and visual
operations at the airport (including established minimum Right altitudes) by removing, lowering, relocating,
marking, or lighting or otherwise mitigating exiling airport hazards and by preventing the establishment or crcation
or future airport hazards.
Joint Participation Agreement (JPA) Exhibit C
Page 1
3/13/2009
4. (empathic Land Use: II oill take appropriate action to ensure local go venunent adoption of airport coning
ordinances that comply with Chapter 333, F.S. The ordinances shall address height insulations and ether potential
aviation hasrds and Ihnint'wns on incompatible land uses in the vicinity of the airport. The vicinity of the airport
includes all areaz that will be affected by normal aircraft operations and noise.
The Agency assures that it will lake appropriate action to oppose and/or disapprove any attempted change in local
land use regulations that would adversely al'cei the continued level of airport operations by the creation or
expareion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all
Iecal airport wring ordinances, odes, rules, reyulmnr,, and amendmcnu, including proposed and granted
variances thereto.
5. Cmtslstenev with Local plans: It will take appropriate actions to have the current airport ..taster plan adopted
into the local government eompreltcmivc plan at the earliest feasible opportunity.
6. Airport Layout flan
a. it will keep a layout plan of the airport up to date showing:
111 Boundaries of the airport and all proposed additions thereto, together with the boundaries of all
otisitc arc, owned or contmllcd by tiro Agency for airport purposes and proposed additions
thereto;
(2) Location and nature of all existing and proposed airport futilities and structures (such as
nnnvays, hxiways. aprons, terminal buildings, hangars, and trusts), including all proposed
extensions and reductions of eaistina airport facilities; and
(3) Location of all existing and proposed nett -aviation areas and of all existing improvements
thcrmn.
b- Sudh airport layout plans and each amendment, revision, or modification thervef, shall he subject to the
approval .flue Depanment. The Agency will riot make or permit any changes or alterations in the airport or
any of its facilities that are not in cwnfennity, will, the eirport layout plan as caprovcd by the Department
and which might, in the opinion of the Department, adversely affect the safety, audit), a cff"nney of the
airport
9. literal Rental Structure: It will maintain a fee and rental structure fur the facilities and services attic airport
which will make the aihpon as sclfsusmini ng as possible under the circom tances 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
focilty that will be Icased rn otherwise produces revenne, the Agency assures that the revenue will he at fair market
value or higher.
S. 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 suhsmntially related to the actual air transportation of passengers or property,
or for environmental or noise mitigation purposes on or offthe airport.
9. Financial flan: It will develop and maintain a cost -feasible financial plan to accomplish the projects necessary
to achieve the pmpei airport antics currents depicted in the airport layout plan. The financial plan shall be a port
of the airport master plan. The financial plat shall realistically assess project phasing considering availability of
state funding and local funding and the blachboad of federal funding under the Federal Aviation Administration's
priority system. All project test estimates contained in the financial plan shell be entered in the Joint Automated
Capital Improvement Program (JACIP) Onfinc Web site The IACIP Online i..tbrmatien shall be kept current as tire
financial plan is updated.
Joint Participation Agreement (JPA) Exhibit C
Page 2
3/13/2009
I O. Opel efiov & Mnlntenancr: fhe aighort and all facilities schich me necessary to sense the neronautienl uscxs of
the airport, shall be operated at all times in a.wfe and sc,,icaIblI condition and in accordance with the minimum
smndards as may be required or prescribed by applicable itdernl and crate agencies for maintenance and operation.
The Agency assures that it will not enure or permit any activity or action thereon which would interfere with its use
for airport purposes Any proposal to (chip it, close the airport for nun -aeronautical purposes must first be
approved by the Department. life Agency will have an'engenents for promptly notifying airmen of any condition
affecting arme tollal m1c of the airport. Nothing c urned hemisread shall be islread toreyui e that the airport be
operated for aeronmdical use during temporary pci9taiods when flooding or chat climatic condifiom interfere a-ith
such operation and maintenance_ Fu-the -, nothing herein shall be construed is requiring the maintenance, repair..
its (oral ion, or replacement of any structure m faeilit, xshich is subsnamially damaged ur destroyed duc to an net of
God or other ennditiou or ciretmRnnce beyond the amtml oflhe Agency.
I. Feanomic .Nuu dkeriminatimh: It will make the airport available as an airport ISr puhlic use tin reasonable
terms and willow unjust discrimination to all types, kinds, and classes of aeronautical activities, including
commercial tolerator cat earl v1OCS 0ffcruhg services to the public al the airport.
12. Exelnsive flights: It will permit na exclu ivc right for Ore use of the airport by any parson providing, or
tniaidingto provide, acronaubcalservicestothe public.
13. federal Funding Eligibility: It will take appropriate actions to mainluin federal funding eligibility tar 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 permiuing to this Agmemmint
within too years after the date of this Agreement or the Depinmcnt of Transportation may tenainnte this
Agreunent. The Agency may request a one-year extension of this two-year time period, The District Secretary
shall have approval it Most 'fly .
15. !!creation of Rights and Interests: It will notlel1, lease, encumber, or otheneise transfer or dispose of any
part of it, Brie or other rue in the property shown on Exhibit A to this application or. for a noise cc nhpati hi l ity
program project, that portion of the property upon which slate funds have been expended, for the duration of the
terms, conditions, and le,reareas in the AgowmeIt without approval by the Department
16. Consultant, Can l radar, Scope, and Cost Approval: It will grant the Department the right m disapprove the
Agency's employment ofspecific consultants, contractors, and subconiracm is for all or any part ofthis project if the
spec ilic amsulmats, an of actors. or subcontractors have a record of poor projeel performance with the Department
farther, the Agency assures that it will grant the Dopmtmcnt the right to disapprove the proposed pro ect scope and
cost ofprofcssionalservices
-
17. Airfield Access: The Agency will not grant or allow oasnoi in access thm opens onto or crosses the airport
runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, lial, supplies,
passengers, mail and freight, radar, common wations, utilities, and landing systems, including bat not limited to
flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage.
IS. Project Development: All project related work will comply with federal, stale, and professional standards;
applicable federal Aviation Administration advisory circularsand Florida Department of Transportation
requircmen[s per chapter 14-60, Florida Administrative Code, ,9ir'por[ Licrsnring Registrmian, And iluspacu
Pr'oleclion.
C. Planning Projexts
Ifthis project involves planning or other aviation studies, the Agency assures that it will
I. Project Scope: ❑xecute 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. Pit Mic Iofm'ran tion: Macke such material available for examination by the public. No material prepared under
this Agreement shell be subject to copyright in the United States or any other country .
q. Disclosure: Grunt the Department unrestri cted.wiho n y to puhlisla, disclose, diair Bute, find otherwise use any of
the nmlerial prepared in conoectiou with this Ag ccmene
o. Departmnd Guidelines Comply with Depanmcut airport master planning guidelines if the prujed involve,
airport master planning or developing uu airport l ayootplan. This includes:
a- providing copies, in electronic and editable format, of final project ninterials in the Ocpanmem. I rrt
inducer compuon-aided chatting (CAD) Lles of tire initial layout plan.
b. Developing a cu,l-fieniblo financial plan, approved by the Departmem, In ac ompl"l, the pmjectr
desenbed in the airport muster plan or depicted in the airport layout plan. The cost -feasible financial plan
shall realistically assess project phasing considering availability of state and local nursing and the
likelihood of federal funding under the I oderal Aviatieu Administration's priority system_
c. fattening all projects contained in the cost -feasible plan out to twenty years in that Joint Automated
Capital Improvcmcnt Program (JACIP) databam.
6. No Implied ( o rnnitmmrits: Understand and agree that Department approval of if,,, project Agreemem or any
planning mmerial developed xa part of Agreement does not constitute or imply any assurance or commitment on
the pan ofthe Department to approve any pending or future application for state aviation funding.
D. Land Acquisition Projects
Ras project involves land purchase, the Agency asset es that it will_
1. Applicable Laws: Acquire the land interest in accardance with the Uniform Relocation Assistance and Real
Property Acquisition policies .Act of 1970; dre National Favironmental Policy of 1969, FAA Order 5100.17A; FAA
Order 50504A.; chapters 73 and 74, F.S., when pmpeny is acquired through condenmation; and section 286.23,
P.S.
2, Administration; Maintain ducetcontrol ofprojectndnrinistmtion. including:
a. Maintaining responsi bil ity for all contras letting end administrative procedures necessmy for the
acquisition ofthe land interests.
b_ Securing written permission fmm the Depnnment to execute each ngteentent with any third party
c. Furnishing a projected schedule .1 event, and a cash dow projection within twenty (20) calendar days
after completion ofthe review appraisal.
d. Lstablishing a project account for purchase of [and interests.
e. Co fec ine and disbursing federal, state, and local project funds.
3. Lou.,: Comply with the fbllowiag requirements lithe funding convey ed by this Agreement is a loan for land
purchase according to Chapter 332, F.S.:
a. The Agency shall apply for, a Federal Aviation Adnrinistralio r Airport Improvement Proeram grant for
die land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall antify the Depnnment by U.S.
Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Joint Participation Agreement (Ji Exhibit C
Page 4
3/13/2009
Department within 30 calendar days to aeh]exe normal project federal, state, and Incal funding shares
as described in Chapler 332, 1<S,
c. If federal funds are not received for the land punches,, the Agency shall reimburse the Department to
achieve normal project state and local funding shams as do,,, d ed in Chapter 332, 1 S., within 30 calendar
days after the loan ream.¢
d. If federal funds ,is not rcecived for the land pu¢hane and the state funding share of the land purchase is
Ie" than,, equal to retinal 'tom and Iecal feuding shares as do,,, hcd in Chapter 332, IIS., when the loan
fast""', no re]nthursemeot to the Department shall be mooted
4. New Airports:
it Porte" the airport and related aiixpace by ens'urins local government adoption of an airport zonate
ordinance or amending an existing airport zoning onlinanec, consistent with the provisions of Chapter 333.
FS., prjoi to the completion ofthe project.
b. Apply it,, tederal and state landing to construct a paved mmvay, associated oneralt parking apron, and
connecting taxiway within one year ofthe date of land purchase.
c. Cnngdete air airport master plan within too Fears of land ptnchase.
d. Complete construction necessary for basic airport operation within ten years ofland purchase
S. Use of [.andt "]he Agency shall use the land for aviation purposes in accordance with the terms of this
Agreement within ten years afterthe acquisition date.
6. Disposal of land: For I:md punfri,cd tinder au Agreement for airport noise compatibility mairport development
purposes, disposition of such ]and will be subject to the relainina or reservation of any interest or right therein
necessary to enstue that such land will only he used for pugmaes which are compatible oilb noise levels associatcd
with operation ofthe airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it,vi ll.
1. Certilicatiuns: Pmvidecctificaticnsthnt.
u. Ccnsultam and cmrirachn selection comply wish all applicable federal, state and local laws, rules,
regulations, and policies.
b. All design plans and specifications comply with federal, slate, and proud ssional standards and applicable
Federal Aviation Administration advishry circular',
a'I he project comp]ics with all applicable building coder and other %turnery requirements.
d. Completed construction complies with the project plan and specifications. Sach certification must
include an mtestation frank the Engineer that the project was completed per the approved project plans and
speeffl.nons_
2. Design Development Criteria: The plans, specifications, construction contract document, 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 is I:shihits "A" and "N' of this Agreement
Tlm F'.ngineer shall perform a Thorough mviar of Ibc requirements of the following standards and make a
detarminalion as to their applicability to this project. Phus produced for this Project shall be developed in
nvnpluana with fit, applicable rc,uimmatl, of Thew standards-
• Federal Aviation Administrating Regulations and Arlvnorp Ciradan
• Florida Department rf I cnspenation requiremaals [,,,drape, I4-60, 1 juridic Adminiml-r ivc Code, Airport
l,ie....... , R,,,lro....n 4,04h-spew /4-otr rlimt
• Florida Department Off arv,por-tation standard Specifications For Catstulaiou OfCeueraI Aviation Aiganv
• Manual 01 Unit". Mininmm Standards For Design, Construction And Maintenance Far Streets And
Highways, conmtcaul} referred to as the Florida Greenbo lk
• Manual on Unitbrn Tin ttic Control plus a,,
Development of the plans shell croupy with all applicable laws, ordinances, zoning and p drilling requirements,
public notice requirements.. and other similar regulations that apply to the scope and location ofthe project.
3. Construction Inspection & Approval: Provide and maintain uompereat 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 allots the Department to inspect the
tarok. The Department may require cost and progress reporting hythe Agency.
q. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of
pavement at the airport, implement an effective airport pavemonl maintenance managemmnt program and the
Agency assures that it will use such program for the useful life of any pavenent consecrated, reconstructed, or
repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation. the Agency nssures dtst it will:
I. Local Government Agreements: For all noise compatibility projects that are carried out by lumber unit of
local government or are on property owned by a unit of local government other than tire 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 m the Agency_ The agreement and changes therein most be sau'fadory to the
Department 'Ihe Agency assures that it will take steps to enforce the agreement if there is sabmrmial non-
compliance with the terns 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 ofthat property to esciudc future actions against the airport. The Agency assures that it
wil I take steps to enforce the agreement if there is substantial non-compliance with fire terms ofthe agreement.
Joint Participation Agreement (JPA) Exhibit C
Page 6
3/13/2009
I NAM I %I. IROIT'('I NO 4)N6]I2I41II
CON IRA( -I NO.0flL4o
E XI 11 BIT I)
AUDIT
SEDER IT, andlor S IA I Il awarded to the recipient p,ni fr this t •,cement should be fisted below. If
the resources auardcd to the reeipieol represeul snore than one federal or Slue program, prosidc I'rc same
information for each pmgrenI and the total resoari r,,,to d. Compliance Requirements applicnhle fo each
Federal er Stme me mat should also be listed heloe. If the resources awarded to the recipient represent more dean
nne Grogram, list applicable compliance I'uµnicurents for each program in the san[c ma incr as shown here:
• leg, Fligihiliry requirements fur recipicnrs oflhe resources)
NOTE: Instead of IisGlg the speelfe cconplianee requirements as shetvu above, the State awarding agency may
elect to use language that requires the recipient to comply with the requireenci of -applicable provisions ofspecifc
laws, rules, regulations, co, The State awarding agency, if prnotNi i want to attach a copy of the specific law,
role, or regulation referred to.
FEDERAL RESOIIRCNS
federal Ageuc� C t It=ofI"I -d Domestic Ass slanceSA mhe'K fill, Amount
Coreplignce Iteynireuggts
L
0
STATE RESOUW FS
ll"In' A'='l Celalog of Pad alDome [I, Ae,,or,t, tslaai &Pill,) Am ae
I -DO] 5c, 004 Avimion Development Grants' "4,000
Crap IBC RCggii
I. In developing audit procedures to test eompllanee with the requirements fora slate prgea, the auditor should frst
look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance
requirements described in PartThree of the C'omplionee 5upplemem are applicable and then look to Purls Three and
Four for the details ofthe requirements_
Activities Allnwed
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 ALP,;
-Master drainage plans;
-Fnvimmnental assessments (EA);
-Development ofregional impact( DRIB
-Operations and emergency response plans:
-Federal Aviation Revelations (PAR) Port 150 noise stadics;
-Envimantental impact study (RIS)
-Wildlife haca¢I studies;
-Frsslhility and site selection ardhu,;
-BrAness plans;
-Airyorl mrNgemcnt studies and tr. aing-
-Air services studies and rdatcd prtsmotionat materials.
(I -DOT Aviation Gant Progemn I Inndbook)
Airpm, Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects arc
—Air-side capital ....prevenient projects (runways, taxiways, aprons, T-hangers, fuel Cantu, maintenance hangers,
lighting, control tamers, instrument approach aids, automatic weather observation stations);
-Land-side capital improvement project (terminal building, parking lots and structures, mad and other access
projects);
-presentation projects (overlays, crack settling marking, painting buildings, roofing headings and other apprc,,ed
projects);
-Safety equipment (including A ARIfirefighting equipment and lighted Xs);
-Safely projects (trees clearing, land wNouring on overrun areas, and removing. lowering moving and marking,
lighting ha ..ds);
-Information technology equipment (used to in, ertory and plan airport firefl , needs);
Drainage improvement.
H DOT Aviation Grant Program Hardback)
Land Acquisition
This grant program protects I lenda's citizens firm airport noise and protects airport clear zones and runway
approach areas from encroacb,,aat Administrative Cost, appraisals, legal fees, surveys, dosing coats and
preliminary engineering fees are eligible cost. In the event the negotiation for a fair market value is unsuccessful, the
wart will he petitioned for'an Order of baking' under the eminent domain laves of Florida- Examples of projects
m'e.
-Land acquisition (for land in an approved master plan or ALP),
-Mitigation land (on or off tinpoh);
-Aviation easements'.
-Right of way;
-Approach clear zonri-
(PDO'1' Aviation Gant program Handbook)
Airport Economic Development
This grant program is to enwurage airport revenue. I9xamplcs 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 evil l be 100 percent leased at;
-Industrial park marking programs
(FDOT Aviation Grand Program Iandbook)
Aviation Land Acquisition Loan Program
The Department provides interest free turns for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
This is a general description of pro'lect types. A detail list of project types approved for these grant pmgraus can be
found in the Aviation Grant Program manual whtelt con be awessed through the intmvat at
, s.dot.state.fl.us/Aviation/Public.htm
?lalohin,
Commercial Servien Airponry
\Ahen nu federal Funding is available, the Departman provides up ro 50 percem ci the project cost. (IDOI Aviation
Grant Program Handbook and Section .332.007 (6) Florida Swtotasl
General Aviation Airports
W hen no federal funding is available. We Deparracut provides up to 8U percent of the project cost I'DO I Aviation
(rum Program Handbook and Seotlon 332.007 (6) Florida Statutes)
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on-oirpa2 revenue-
pmdocing capital intprovcnionts. 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 m fund the Aviation Land Acquisition Loan Program. I'DOI
Aviation Grans Program Handbook and Section 132.007 (6) Florida Stumtes)
1l_atchine Itpgance for Federal P, rmns
NO FE: Section .400(d) of OMB Ch calar A-133, as revised, and Seetinn 21 i,71(g)[a), Florida Statutes, require
that the information about Federal Programs and State Projects included in this exhibit be provided to the