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Item F06M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: F.6 Agenda Item Summary #3496 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200 none AGENDA ITEM WORDING: Approval of State of Florida Department of Transportation Joint Participation Agreement Number GOR05 providing funding of $130,000.00 for Key West International Airport Terminal Building Improvements, to be funded 50% FDOT and 50% Key West Airport operating funds. ITEM BACKGROUND: This grant is for the planning, design, permitting and construction for terminal building improvements including but not limited to associated mechanical, electrical, and fire protection systems at the Key West International Airport. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT /AGREEMENT CHANGES: New Grant STAFF RECOMMENDATION: Approval. DOCUMENTATION: GOR05 EYW Terminal Improvements FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: December 31, 2022 Total Dollar Value of Contract: $130,000.00 Total Cost to County: none Current Year Portion: FY18 Budgeted: Source of Funds: 50% FDOT/ 50% EYW Airport Operating ($130,00 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 10/23/2017 2:38 PM Donald DeGraw Completed 10/23/2017 5:15 PM Pedro Mercado Completed 10/24/2017 10:59 AM Budget and Finance Completed 10/24/2017 11:12 AM Maria Slavik Completed 10/24/2017 11:16 AM Kathy Peters Completed 10/24/2017 1:54 PM Board of County Commissioners Pending 11/14/2017 9:00 AM PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project Number(s): (Rem-segment-phase-sequence) Fund: DPTO FLAIR Category: 44138219401 Function: 215 Object Code: Federal Number: Org. Code: Contract Number: GOR05 DUNS Number: Vendor No.: CFDA Number: Agency DUNS No. CSFA Number: 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 County Airports - hey West International Air ort 3491 South Roosevelt Blvd, Kai West FL Sow ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before December 31 2022 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 222.006 6 Florida LI, F 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 Planning, Design, Permitting, and Construction for Terminal Building Improvements including but not limited to associated Mechanical, Electrical, and Fire Protection Systems. 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 & D are attached and incorporated into this Agreement. -030-06 PUBLIC TRANSPORTATION 725 PUBLIC SPORTATION JOINT PARTICIPATION AGREEMENT TRAN OGC — W2016 Page 2 of 17 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the Project towards completion. 3.00 Total Project Cost. The total estimated cost of the Project is $262,000.00. 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 jlaQ.�00.00 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 1110000,00 as detailed in Exhibit "B", or in an amount equal to the percentage {s} of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is Z is not a recipient of a federal award, as detailed in Exhibit 'R." 4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible Project costs is subject to: 5-030-06 PUBLIC TRANSPORTATION 72 PUBLIC ATION JOINT PARTICIPATION AGREEMENT TRAN — SPORT06/2016 Page 3 of 17 4.30 Front End Funding. Front end funding E] 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: 6020 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. 7 PUBLIC TRANSPORTATION M MNSPORTATI-ON JOINT PARTICIPATION AGREEMENT OCK'- G.V20(6 Page 4 0f I -, 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. 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT OCK 061- 16 P. 5..1 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, PUBL 725-03R IC TRANSPORTATION PUBLIC RAN JOINT PARTICIPATION AGRE EM EN T SPORTATION T OGC — 06/2016 Page 6 of 17 vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, SIN 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSin leAud;&O)dot state.fl.us 2. State Funded 1z) The Agency, a nonstate entity as defined by Section 215,97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: 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. 5-030-06 PUBLIC TRANSPORTAT 72 ION PUBLIC RANS JOINT PARTICIPATION AGREEMENT T OGC — 0 PORTATION 612016 Page 7 of 17 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), iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, CIS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSin leAud 4� 5dot statelfilus State of Florida Auditor General Local Government Audits1342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email fLaudgen localqovt@-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, PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OGC — 06/2016 Page 8 of 17 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 F' , 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 6,110 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 For 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: PUBLIC TRANSPORTATION 725-030-06 PUBLIC RANSPORTATION JOINT PARTICIPATION T ION AGREEMENT OGC — 060016 Page 9 of 17 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. PUBLIC TRA 725 NSPORTATION PUBLI-030-06 C TRANSPORTA JOINT PARTICIPATION AGREEMENT OGC — 06 TION 12016 Page 10 of 17 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: 10.20 Procurement of Personal Property and Services: PUBLIC TRANSPORTATION 72 PUBL5-030-06 IC RANSPORTATION JOINT PARTICIPATION AGREEMENT T OGC — 0612M Page I I of 17 with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255,099(1), Florida Statutes, 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title 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 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601, at 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 (A A). Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U,&C. 12102, at 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 510 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 5-0-06 PUBLIC TRANSPORTATION 72 P03UBLIC JOINT PARTICIPATION AGREEMENT TRAN NBC - SPORTATION 0612016 Page 12 of 17 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. 5-030-06 PUBLIC TRANSPORTATION 72PUBLIC RANS JOINT PARTICIPAT T ION AGREEMENT OGC — 0 PORTATION 6/2016 Page 13 of 17 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: 725-03-0-06 PUBLIC TRANSPORTATION 'IUBLIC' TRANSPORTATION JOINT PARTICIPATION AGREEMENT 0GC - 06 - 6 14 of I 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 mangy e (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: 19.00 Restrictions on Lobbying: 725-030-06 PUBLIC TRANSPORTATION PUBLIC JOINT TRAN PARTICIPATION AGREEMENT OGC SPORTATION — 0612016 Page 15 of V 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: PUBLIC TRANSPORTAT 72 ION PUBL5-030-06 IC JOINT TRANSPORTATION PARTICIPATION AGREEMENT OGC — 06/2016 Page 16 of 17 c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency, d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: 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). Agency/Vendors/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). PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 7 2 15. 030-06 PLMLIC TRANSPORTATION OCK' 116 016 Palo, 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. loom Monroe County Airports - Key West International Airport AGENCY NAME 11111111112921111H= DEPARTMENT OF TRANSPORTATION George Neugent SIGNATORY (PRINTED OR TYPED) Nommum Mayor/Chairman TITLE Harold Desdunes TITLE District Director of Transportation Development LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of Funding Approval by Comptroller FINANCIAL PROJECT NO. 44138219401 Contract No. GOR05 EXHIBIT "Alt PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, FL 33040 referenced by the above Financial Project Number, PROJECT LOCATION: Key West International Airport PROJECT DESCRIPTION: Planning, Design, Permitting, and Construction for Terminal Building Improvements including but not limited to associated Mechanical, Electrical, and Fire Protection Systems, 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. 44138219401 EXHIBIT "Bly PROJECT BUDGET Contract No. GOR05 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, FL 33040 referenced by the above Financial Project Number. I. PROJECT COST: $ 260,000.00 TOTAL PROJECT COST: $ 260,000.00 11, PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation (non-state sources) In-Kind (50%) or $ 130,000.00 Cash Other Maximum Department Participation, Primary (DPTO) (50 %) up to $ 130 Federal Reimbursable (DU)(FRA)(DFTA) Local Reimbursable (DL) TOTAL PROJECT COST "It is the intent of the Department to reimburse the Agency up to 501® of the total non-federal share of eligible project cost up to the Department's maximum participation amount". FINANCIAL PROJECT NO. 44138219401 CONTRACT NO, GOR05 EXHIBIT C A VIA TIONPROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and UNIM= 1. 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 7. Fee and Rental Structure: K will maintain a fee and rental structure for the fac and services a1 the airport which will make the air am self-sustaining as possible underthemirmnnmtaocesmxisdnga1thepurtbu6oairport taking into account such factors mm the volume of traffic and economy nf collection. lf this Agreement results ina facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will beut fair market value orhigher, 0. Airport Revenue: That all revenue generated by the airport will 6e expended for capital or operating costs oy the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental nr noise mitigation purposes onor off the airport. 9. Financial Plan. It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout p|mn. The financial plan sha beapart of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (J/\ClP) Online Web site. The JACl9Online information shall he kept current amthe financial plan lmupdated. Joint Participation Agreement (JFA) Exhibit C Page 2 ���� The Agency assures that b will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal k/ temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall 6e construed tm require that the airport bc operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall bc construed msrequiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God o, other condition or circumstance beyond the control of the Agency. Il. Economic Nondiscrimination: It will make the airport available oaan airport for public use onreasonable terms and without unjust discrimination to all types, kinds, and classes ufaeronautical andv|dem including commercial aeronautical activities offering services to the public mt the airport. l%. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending m provide, aeronautical services to the public. 13. Federal Funding Eligibility: \t will take appropriate actions tm maintain federal funding eligibility for the u(qpmrt. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination uyAgreement: |t will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transporta may terminate this Agreement, The Agency may request a one-year extension of this two-year time period, The District Secretary shall have approval authority. 15. Retention of Rights and Interests: lt will not sell, lease, encumber, u,otherwise transfer or dispose ofany part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion ofthe property upon which state funds have been expended, for the duration ofthe terms, conditions, and assurances |nthe Agreement without approval by the Department. 16, Consultant, Contractor, Scope, and Cost Approval: lt will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project |fthe specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, orstorage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter l4'6U, Florida Administrative Code, Ai Licensing, Registration, AmdAirnpucm Joint Participation Agreemem(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. a. 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, E&; a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Joint Participation Agreement (JPA) Exhibit C Page 4 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 be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook * Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4, Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non- compliance with the terms of the agreement. 2. Private Agreements. For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. G. Safety Requirements Joint Participation Agreement (JPA) Exhibit C Page 6 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: $130,000.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.004 is provided at: htt s 1/ apps . fldfs.com /fsaa /searchCatalog aspx Re .. COMPLIANCE RCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55,004 are provided at: The State Projects Compliance Supplement is provided at: https :lJ apps .fldfs.com /fsaalcom pliance . as x CONTRACT INFORMATION Contract GOR05 Contract Type: GD - GRANT DISBURSEMENT (GRANT) Method of Procurement G - GOVERMENTAL AGENCY (287.057,F.S.) Vendor Name: MONROE COUNTY BODO Vendor]D: F596000749053 Beginning Date of This Agreement: 1010612017 Ending Date of This Agreement: 1213112022 Contract Total/Budgetary gwfllnq: ct = $130,000-00 Description: KEY WEST INT'L AIRPORT TERMINAL IMPROVEMENTS FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 1019/2017 Action: Original Reviewed or Approved: APPROVED Organization Code: 55062020629 Expansion Option: AS Object Code: 751000 Amount $130,000.00 Financial Project 44138219401 Work Activity (FCT)-. 215 CFDA: Fiscal Year 2018 Budget Entity: 55100100 Category/Category Year, 088719/18 Amendment ID: 0001 Sequence: 00 User Assigned ID: E ric Llne {6s)1 tus: �0001�/04� Total Amount: $130,000.00 E as 0 E E Qd Lu If) CD IC CD 0 A 0 Qd E 0 CL E eo E Ada LU Ux CD W CD G) E 0 03 E as 0 E E as LU Ul) CD w CD 0 as E 0 CL E E LU Ul) CD w CD C) E