Item B28M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: B.28
Agenda Item Summary #3445
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOQ40 in the amount of $129,812.00 for
Marathon Building and Security Improvements at The Florida Keys Marathon International Airport,
to be funded 80% FDOT and 20% Marathon Airport operating funds.
ITEM BACKGROUND: This grant is for the improvements and upgrades of many Airport owned
facilities that have reached their serviceable age. These facilities require work including but not
limited to their infrastructure, structural, MEP and HVAC systems, along with security
improvements. The scope of work will include, planning, permitting, design, and construction and as
further described in "Exhibit A ".
PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, the BOCC granted approval for
the Mayor to execute FAA and FDOT grants as received to meet deadlines for return to the granting
agency and expedite use of grant funds, with grants to be ratified by the County Commission at the
next BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
GOQ40 MTH Bldg & Sec. Imp.
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: December 31, 2022.
Total Dollar Value of Contract: $129,812.00
Total Cost to County: n/a
Current Year Portion:
Budgeted: Yes FYI
Source of Funds: 80% FDOT/ 20% ($32,453.00) MTH Airport Operating
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
10/02/2017 10:27 AM
Pedro Mercado
Completed
10/02/2017 11:23 AM
Donald DeGraw
Completed
10/03/2017 7:01 AM
Budget and Finance
Completed
10/03/2017 8:02 AM
Maria Slavik
Completed
10/03/2017 8:37 AM
Kathy Peters
Completed
10/03/2017 6:27 PM
Board of County Commissioners
Pending
10/18/2017 9:00 AM
PUBLIC TRANSPORTATION
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Financial Project Number(s):
(iterfv-segment-phase-sequence) Fund:
44136319401 Function:
Federal Number:
Contract Number: GOQ40 DUNS Number:
CFDA Number: Agency DUNS No
DPTO/DDR
215
80-939-7102
FLAIR Category:
Object Code:
Org, Code:
Vendor No,:
CSFA Number:
MTH Building and
Security
CSFA Title: Improvements
THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this _ day of
, by and between the STATE OF FLORIDA DEPARTMENT OFT NSPORTATION,
an agency of the State of Florida, ("Department"), and Monroe Count Airports - Florida Revs Marathon International
Ajr.ort 3491 South Roosevelt Blvd, Key West FIL 33040 ("Agency"), The Department and Agency agree that all terms
of this Agreement will be completed on or before December 31 2029 and this Agreement will expire unless a time
extension is provided in accordance with Section 16,00,
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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 232,006 &J, Florida
Statutes, to enter into this Agreement, I
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
Many of the Airport owned facilities have reached their serviceable age and require upgrades and improvements. These facilities
require work including but not limited to their infrastructure, structural, MEP and HVAC systems, along with security
improvements. The scope of work will include planning, permitting, design, and construction.
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 A D are attached and incorporated into this Agreement.
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2.00 Accomplishment of the Project:
2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a
sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws,
2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project,
2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the Project as the Department may require as
listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an
activity report on a quarterly basis. The activity report will include details of the progress of the Project towards
completion.
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 1122,012,00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost
shown in Exhibit "B", whichever is less,
4.11 Agency Participation (Non-State Sources). The Agency agrees to minimum participation, including
contingencies, in the Project in the amount of 122,453.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of the total cost shown in Exhibit "B", whichever is more.
4.12 Federal Awards. The Agency, a non-federal entity, [:1 is E 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:
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4.30 Front End Funding. Front end funding ] is Z is not applicable. If applicable, the Department may initially pay
100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in
paragraph 4.10,
5.00 Project Budget and Payment Provisions:
6.00 Accounting Records:
6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project.
Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of
the Department shall not be considered eligible costs,
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6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed
by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges,
6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General,
or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.
1. Federal Funded
b) The Agency, a non-Federal entity as defined by 2 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:
it. In connection with the audit requirements, the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —Audit Requirements,
72, 6
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A. As a condition of receiving this Federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Agency's records
including financial statements, the independent auditor's working papers and project records
as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
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vii. The Department's contact information for requirements under this part is as follows',
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSin leAu 4 0dot state.fl.us
2. State Funded
lb) The Agency, anon state entity as defined by Section 215 . 97(2) (m), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
ii. In connection with the audit requirements, the Agency shall ensure that the audit complies
with the requirements of Section 215.97(8), Florida Statutes, This includes submission of a
financial reporting package as defined by Section 215,97(2)(e), Florida Statutes, and Chapters
10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules
of the Auditor General.
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elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida
Statutes, the cost of the audit must be paid from the Agency's resources (ie., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities),
Is. In accordance with Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General, copies of financial reporting packages
required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, ME 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSin leAud +i@dot state Ifl I us
State of Florida Auditor General
Local Government Audits1342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: fLaudgen localqoyt@aud.statefl.us
V. Any copies of financial reporting packages, reports or other information required to be
submitted to the Department shall be submitted timely in accordance with Section 215,97,
Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
vi. The Agency, when submitting financial reporting packages to the Department for audits done
in accordance with Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Agency in correspondence accompanying the reporting
package.
Vill. As a condition of receiving state financial assistance, the Agency shall permit the Department,
or its designee, DFS or the Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the
action is complete or the dispute is resolved,
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6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability
to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for
the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall
either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment
or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District Six Public Transportation Office 1000 NW 111 Avenue- Miami FL , 33172, its requisition on a
form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in
Paragraph 6.10 hereof} to justify and support the payment requisitions.
7.11 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 for evaluating successful completion.
7.12 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for
a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as
established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager
prior to payments.
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Department and that the required minimum level of service to be performed based on the
criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met.
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section
112,061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06, The
Department may establish rates lower than the maximum provided in Chapter 112,061, Florida Statutes,
7.16 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 laws, rules 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:
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7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred
by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are
not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received
under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to
receipt of annual notification of fund availability.
7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for
work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for
work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department,
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the
Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is
rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any
or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has
ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement.
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8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for
refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119,
Florida Statutes.
9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the Project.
10.00 Contracts of the Agency:
10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third
party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If
the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7,20(c). The
Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same, If Federal Transit Administration (FTA) funds are used in the Project,
the Department must exercise the right to third party contract review,
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this
Agreement that participation by the Department in a project with an Agency, where said project involves a consultant
contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions
of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172,
and 23 U.S.D. 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.
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with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction
services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to
be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida
Statutes,
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.20 Title V1 - 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.C. 2000d, at seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto,
11.30 Title Vill - Civil Rights Act of 19684 Execution of this Agreement constitutes a certification that the Agency will
comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.&C 3601, at seq.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age.
11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by the ADA (42 U &C. 12102, et seq.), the regulations of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or
any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or
any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is
an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or
employee's spouse or child, or any combination of them, has a material interest.
a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of
any business entity.
b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property
included or planned to be included in the Project, with any person or entity who was represented before the
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Agency by any person who at any time during the immediately preceding two (2) years was an officer,
director or employee of the Agency,
c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government,
or any agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of
the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any
benefit arising therefrom,
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project
will be carried out in conformance with all applicable environmental regulations including the securing of any applicable
permits, The Agency will be solely responsible for any liability in the event of non-compliance with applicable
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any
loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any
party other than the Agency,
12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default,
12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable
law.
12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder,
12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance
with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law:
Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the Project,
12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop
control systems as required by 49 CFR Part 18, when applicable.
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Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals,
14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice,
that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility,
that adequate title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose,
15.00 Appropriation of Funds:
0 30-D6
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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 prior to funds approval being received. The Department will notify the Agency, in writing,
when funds are available,
15.20 Multi-Year Commitment. In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one (1) year, the provisions of Chapter 339,135(6)(a), Florida Statutes, are hereby incorporated"
19.00 Restrictions on Lobbying:
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If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-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 letter of the date the invoice is received or the date the goods or services are received, inspected, and
approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt
of a complete and accurate invoice,
21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract
entered into pursuant to this Agreement:
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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:
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).
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
Written.
Monroe County Airports - Florida Keys
Marathon I nternational Arport
..................................... .........................................................................................
AGE NCY NAME
DEPARTMENT 05 TRANSPORTATION
Harold Desdunes
TITLE District Director of Transportation
Development
LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION
See attached Encumbrance Form for date of
Funding Approval by Comptroller
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FINANCIAL PROJECT O. 44136319401
Contract No. GOQ40
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and
Monroe County Airports
The Florida Keys Marathon International Airport
3491 South Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
PROJECT LOCATION:
The Florida Keys Marathon International Airport
PROJECT DESCRIPTION:
Many of the Airport owned facilities have reached their serviceable age and
require upgrades and improvements. These facilities require work including but not
limited to their infrastructure, structural, MEP and FIVAC systems, along with security
improvements. The scope of work will include planning, permitting, design, and
construction.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: None
FINANCIAL PROJECT NO. 44136319401
EXHIBIT "B"
PROJECT BUDGET
Contract No,GOQ40
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and
Monroe County Airports
The Florida Keys Marathon International Airport
3491 South Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number,
PROJECT COST: $ 162,265,00
TOTAL PROJECT COST: $ 162,265.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA
TOTAL PROJECT COST
"It is the intent of the Department to reimburse the Agency up to 80% of the total non-federal
share of eligible project cost up to the Department's maximum participation amount".
FINANCIAL PROJECT NO. 44136319401
CONTRACT NO. GOQ40
EXHIBIT C
A 1/7A TION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of
Transportation and
BMREM
19 Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect
throughout the useful life of the facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items installed within a facility under a
noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the
Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive
Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes
any action that is not consistent with these assurances, the full amount of this Agreement will immediately become
due and payable to the Florida Department of Transportation.
B. General Assurances
Joint Participation Agreement (JPA) Exhibit C
Page 1
INHIMM
Joint Participation Agreement (JPA) Exhibit C
Page 2
The Agency assures that b will not cause or permit any activity m action t which would interfere with its use
for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first bm
approved bythe Department. The Agency will have arrangements for promptly notifying airmen of any condition
affecting aeronautical use of the airport. Nothing contained herein shall he construed Uo require that the airport be
operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with
such operation and maintenance. Further, nothing herein shall bm construed ma requiring the maintenance, repair,
restoration, or,mp|auernmntof any structure o,facility which im substantially damaged ordestroyed due tnon act of
God or other condition or circumstance beyond the control ofthe Agency.
ll, Economic Nondiscrimination: lt will make the airport ava mmmn airport for public use onreasonable
terms and without unjust discr to all types, kinds, and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public ui the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services oo the public.
13. Federal Funding Eligibility: lx will take appropriate actions to maintain federal funding eligibility for the
airpor Further, it will avoid any action that renders the air ineligible for federal funding.
14. Termination o[Agreement: It will make expenditures or incur obligations pertaining bo this Agreement
within two years after the date of this Agreement mr the Department of Transporta moy0cnn|nateth|m
Agreement. The Agency may request s one-year extension uf this two-year time period. The District Secretary
shall have approval authority.
15, Retention nf Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose ofany
part of its title or other interests in the property shown nn Exhibit Ato this application or, for m noise compatibility
program project, that portion of the property upon which state funds have been expended, for the duration of the
terms, conditions, and assurances in the Agreement without approval by the Department.
16. Consultant, Contractor, Scope, and Cost Approval. It will grant tile Department the right to disapprove the
Agency's employment ofspecific consultants, contractors, and subcontractors for all or any part of this project |fthe
specific consultants, contractors, or subcontractors have a record of poor project performance with the Department.
Further, the Agency assures that lx will grant the Department the right to disapprove the proposed project scope and
cost n[professional services.
17. Airfield Access: The Agency will not grant or allow easement or access that opens onto mcrosses the airport
runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies,
passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to
flight operations, groundamrviuee. emergency services, terminal bmi||bea, maintenance, repair, orstorage,
18. Project Development: All project related work will comply with {edc,o|, state, and pm0:am|onu| standards;
applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation
requirements per chapter 14-60. Florida Administrative Code, Ai Licensing, Registration, AxdAirxcroce
lf this project involves plann or other aviation studies, the Agency assures that it will:
1. Project Scope- Execute the project |n accordance with the approved project narrative mwith 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. Public Information: Make such material available for examination by the public. No material prepared under
this Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves
airport master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of final project materials to the Department. This
includes computer-aided drafting (CAD) files of the airport layout plan,
Is. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects
described in the airport master plan or depicted in the airport layout plan. The cost-feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and the
likelihood of federal funding under the Federal Aviation Administration's priority system.
c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated
Capital Improvement Program UACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any
planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on
the part of the Department to approve any pending or future application for state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA
Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23,
F.S.
2, Administration: Maintain direct control of project administration, including:
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land
purchase according to Chapter 332, F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for
the land purchase within 60 days of executing this Agreement.
ll. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S.
Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Joint Participation Agreement (JPA) Exhibit C
Page 4
a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning
ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333,
F.S., prior to the completion of the project.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
Joint Participation Agreement (JPA) Exhibit C
Page 5
Plans shall 6e consistent with the intent uf the project mm defined in Exhibits "A, and "B"ofthis Agreemen
The Engineer shall perform a thorough review of the re of the following standards and make a
determination mmto their applicability Ua this project. Plans produced for this project shall bm developed |n
compliance with the applicable requirements of these standards:
• Federal Aviation Administra Regulations and Advisory Circular
• Florida Department oJ Transportation requirements per chapter \4- D
Licensing, Rmgis//at/nn.AmfAkopuomPo/nu(inn
• Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports
• Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And
Highways, commonly referred toom the Florida Gn:enbook
# Manual on Uniform Traffic Control Devices
Development of the plans shall comply with all applicable laws ordinances zoning and permitting requirements,
public notice requirements, and ot similar regulations that apply 0o the scope and location of the project.
3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules
approved by the Department for the project, The Agency assures that it will allow the Department to inspect the
work. The Department may require cost and progress reporting by the Agency.
4. Pavement Preventative Maintenance: With respect touproject for the replacement or reconstruction of
pavement a1the airport, implement uneffective airport pavement maintenance managemen program and the
Agency assures that it will use such program for the useful life uf any pavement constructed, reconstructed, or
repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreement ; For all noise compatibility projects that are carried out by another unit of
local government or are nn property owned byo unit of local government other than the Agency, enter into an
agreement with that government. The agreement shall obligate the unit of local government to the same terms,
conditions, and assurances that apply k/the Agency. The agreement undohungesthmretomuetbnme1lmfautorymthu
Department. The Agency assures that it will take steps to enforce the agreement {f there ls substan non-
compliance vv|thdhetonnuoftheagreement.
2. Private Agreements: For noise compatibility projects to be car out on privately owned property, enter into
an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that (t
will take steps 0oenforce the agreement if there is substantial non-compliance with the terms of the agreement,
G. Safety Requirement
Joint Participation AgmeemmemtMPA) Exhibit C
Page 6
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STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: AVIATION DEVELOPMENT GRANTS
CSFA Number: 55.004
*Award Amount: $129,812.00
*The state award amount may change with supplemental agreements
MIN
ii W Nimbi!
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.004 are provided at.
https://apps, ldfs comffsaa/searclh Coo pliance asp
The State Projects Compliance Supplement is provided at 1 itp
j.//ap_p_sfdfs-com/fsaa/com liancs
GO - GRANT DISBURSEMENT (GRANT)
G - GOVERMENTAL AGENCY (287.057,F.S.)
MONROE COUNTY BOCC
F596000749053
Beginning Date of This Agreement 09121/2017
Ending Date of This Agreement: 12131/2022
Contract Total/Budgetary Ceiling: ct = $129,812.00
Description: FL KEYS MARATHON AIRPORT BUILDING AND SECURITY IMPROVEMENTS
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDMIEVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 912502017
Action:
Original
Original
Reviewed or Approved:
APPROVED
APPROVED
Organization Code:
55062020629
55062020629
Expansion Option:
AS
AS
Object Code:
761000
751000
Amount
$128,249,00
$1,563.00
Financial Project
44136319401
44136319401
Work Activity (FC71i):
215
215
CFDA
Fiscal Year:
2018
2018
Budget Entry
55100100
55100100
Cstegory/Category Year,
088719118
088719/18
Amendment IN:
0001
0001
Sequence:
00
01
User Assigned IN:
Enc Line (6s)/Status:
0001104
0002104
Total Amount: $129,812.00
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