Loading...
Resolution 125-1984 ..-~~ f \ I , i Art Skelly Director of Airports RESOLUTION NO. 125 -1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE KEY WEST INTERNATIONAL AIRPORT A.I.P. PROJECT #3-12-0037-02, MASTER PLAN UPDATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Joint Participation Agreement by and between the Board of County Commissioners of Monroe County, Florida, and State of Florida Department of Transportation for the Key West International Airport A.I.P. Project #3-12-0037-02, Master Plan Update, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6th day of April, A.D. 1984. BOARD OF eoUNTY COMMISSIONERS OF ~~ COUN;6--=~_ . ...~ By Chairman (Seal) At t D~NY L. KOLHAGE1 Clerk o . I . ) i A.N~ J .c. ~ \(~ {n d . Clerk BY H. P.1. No. 6596606 JOB. NO. 9UOOO-1523 STATI~ OF FLORIDA DEP,\Kljvn~'T OF TI<ANSPOR1ATION DIVISION OF PLANNINC JOINI' PARTICIPATION AGRID1ENf 11-IIS AGRIDtENT, made and entered into this (p-ffl day of tJlDr I '/ , 1984 by and bet\veen the STATE OF FLORIDA DEPAR1NENI' OF ~, an agency of the State of Florida, hereinafter called the Department, Monroe County, Florida hereinafter called the Public Agency. HITNESSETH \~, the Public 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; \vHEREAS, the purpose of this Agreement is to provide for the undertaking of an Airport Master Plan for the Key West Airport that will provide the 5, 10, and 20 year development requirements as described in the Federal Aviation Administration (FAA) in advisory circulars and guidelines as modified as appropriate to meet the purpose and objectives of this project. It will include the various elements listed in order in Exhibit "A," hereinafter called the Project, and to provide Departmental assistance to the Public Agency and state the terms and conditions upon ~nich such assistance will be provided and the u~lerstanding as to the manner iQ which the Project will be undertaken aIn completed. NOW, THEREFORE, in consideration of the mutual covenants, premises alu representations herein, the parties agree as follows: 1.00 Accomplishment of the Project (a) General Requirements. 111e Public Agency shall commence, carry on, and complete the Project to provide an Airport Master Plan acceptable to the rAA, Department and the Public Agency as more particularly described and scheduled in Exhibit "A", attached hereto and made a part hereof, with all practicable dispatch, in a sound, economical and efficient manner, and in accordance with the provisions hereof, and all applicable Im....s. (b) Pursuant to Federal, State and Local Laws. In the event that any election, reterendum, approval, perQit, notice, or other proceeding or Ciuthorizat1.on is required under applicable law to enable the t'ublic Agency to enter into this Agreement or to uOOertake the Project hereunder, or to observe, assume or c<lrry out any of the provisions of the Agreement, the Public Agency shall initiate aOO consumate, as required by law all actions necessary for any such matters. (c) funds of the Public Agency. The Public Agency shall initiate and prosecute to completion all proceedings necessary, including any needed federal aid requirements, to enable the Public Agency to provide the necessary funds for completion of the Project. (d) Submission of Proceedin s, Contract and Other Documents. The Public Agency s 1 s mit to t e Department sue 1 ata, reports, records, contracts and other documents relating to the Project as the Department may reasonably require. This will include copies of Quarterly Progress Reports and Requests for Reimbursement (Standard Form 270) required by the Federal Agency or FOOT. 2.00 Proiect Cost The total cost of the planning services of this Project is estimated to be $70,235 of which the Public Agency will provide $3,512 and the Department $3,512 or 5 percent of the total Project cost, whichever is less. 3.00 Department Participation The Department agrees to participate in the Project in the amount of $3,512 or 5 percent of the Project cost, ~nichever is less. The Public Agency agrees to complete the Project 12 months after execution of this Agreement. In the event the Public Agency shEll fail to complete the Project within 12 months after execution of this Agreement, the Public Agency agrees that it will refund 100% of all funds granted to the Public Agency by the Department under this Agreement. In the event there are actions by the Department or other circumstances beyorxi the control of the Public Agency which delay the Project beyond this completion date the Director of Planning will grant to the Public Agency e>-.'tensions of time reflecting this delay upon request from the Public Agency for such an extension. 4.00 The Project Budget Prior to the execution of this Agreement a Project Budget shall be prepared by the Public Agency and approved by the Department. The Public Agency shall maintain said Budget, carry out the Project and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved hJdget for the Project. The Budget may be revised periodically, but no Budget or revision thereof shall be effective unless and until the Department shall have approved the same. 5.00 Accounting Records (a) Establishment am ~1aintenance of Accounti Records. The Public Agency shall esta ish or t e Project, in co ormity wit uniform requirements established by the Department to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or set up independently herein collectively referred to as the "Project Account." The Project Account shall be made available upon request by the Department any time during the pericxi of this Agreement am for three years after final payment is made or three years after settlement of all ~u:lit questions, whichever is later. (b) funds Received or Hade Available for the Project. The Public Agency shall record in the Project account all payments l'eceived by it on account of the Project, ~TIich Department payments and other funds are herein collectively referred to as "Project funds." (c) Costs Incurred for the Project. The Public Agency shall charge to the Project Account all eligible costs of the Project which meet the requirements of <11B Circular No. A-87 "Cost Principle for State and Local Governments." Costs in excess of the latest. approved Budget or which do not meet the CMB Circular No. A-87 requirement (including approval of the Department when required) shall not be considered eligible costs. (d) Documentation of Pro~ct Costs. All costs charged to the Project, including anyapprov services contributed by the Public Agency or others, shall be supported by properly executed payrolls, tiQe records, invoices, contracts, or vouchers evidencing in proper detail the nature ard. propriety of the charges. Where federal furrls are used to provide ,part or all of "Costs allowable with approval of Grantor agency" described in Attachment B of OMB Circular No. A-87, such expenditures must have the prior written approval of the Florida Department of Transportation and the federal agency providing the funds. (e) Checks Orders, and Vouchers. Any check or order drawn by the Public Agency chargeable a[;flinst the Project Account shall be supported by a properly signed voucher on file in the office of the Public Agency stating in proper detail the pllT}X)se for which such check or order is drflWll. All accounting documents pertaining to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate from all other documents. (f) Audit Retarts. At the request of the Department, the Public Agency shall provi e for each of its fiscal years for wtuch the Project AccOlmt remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting in detail the use for the Project of funds from the Department, the Public Agency and any other SOllrces. 6.00 ~L~isition and Payments (a) paynent, Public In order to obtain any (1) File ~~th the Department its requisition therefore quarterly on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department may require to justify and support the payment requisitioned; and (2) Comply with all applicable provisions of ~his Agreement. (b) The Department's Obligation. Subject to other provisions hereof, the Department will haror such requisitions in amounts ara at times deemed by the Department to be proper to insure the carrying out of the Project and payment of the eligible costs thereof in accordance herewith. However, rotwithstanding any other provision of this Agreement, the Department may elect by notice in writing rot to make a payment on account of the Project if: (1) ~KSretresentation. The Public Agency shall have made misrepresentation 0 a material nature in its Application, or any amerriment thereof, with respect to any document or data furnished therewith; (2) Litigation. There is then peroing litigation with respect to the performance by the Public Agency of any of its duties or obligations ~nch may jeopardize or adversely affect the Project, this Agreement, or payments to the Project; (3) Concurrence by Department. The Public Agency shall have taken any action pertaining to the Project Which required the prior approval of the Department or shall have proceeded to make related e>.-penditures or incur related obligations without having been advised by the Department that the same are satisfactory; (4) Conflict of Interests. There has been any violation of the conflict of interest provisions contained herein; (5) Default. The Public Agency shall be in default urder any of the provisions ot the Agreement. (c) Disallowed Costs. In determining the amount of the financing paYITl€nt, the Department will excluie all Project costs incurred by the Public Agency prior to the effective date of this Agreement or prior to the date of a Letter of No Prejuiice, costs incurred by the Public Agency which are rot provided for in the latest approved Budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which do not meet the requirements of CK-lli L,l rcular No. A-87 "Cost Principles for State and Local Governments.1I A Letter of No Prejudice provided to the Public Agency by the Department may provide that c^~nditures related to the Project may be recognized from the date of said letter as a part of the total Project prior to, and subject to, the effective date of the Joint Participation Agreement. 7.00 Termin3tion or Suspension of Department's Obligations (a) Termination or Suspension Generally. If the Public Agency abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5) inclusive, of Section 6.00(b) hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Public Agency is rendered improbable, infeasible, impossible, or illegal, the Department may, by \.,Tritten notice to the Public Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ce3sed or been corrected, or the Department may ter~inate any or all of its obligations under this Agreement. (b) Upon receipt 0 any ina termin3tion notice er t's ection, t e lic _ Agency shall proceed promptly to carry out the actions required therein ~tuch may include any or all of the following: (1) necessary action to terminate or suspend Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs up:m which the financing is to be computed; (2) furnish a statement of the status of the Project activities and of the Project Account as ~~ll as a proposed schedule, plan I and btrlget for terminating or suspending and closing out Project Activities and contracts, ard other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Department such portion of the advance payment previously received as is determined by the Department to be due the Department under the provisions ot the Agreement. The closing out shall be carried out in conformity with the latest schedule, plan, and ~dget as approved by the DepClrtment or upon the basis of terms and corrlitions imposed by the Department upon the failure of the Public Agency to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Public Agency or the closing out of Federal financial participation in the Project shall not constitute a waiver of any clai~ which the Department may otherwise have arising out of this Agreement. 8.00 Audit and Inspection The ~lblic Agency shall permit, arrl shall require its contractors to permit the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records, arrl -accounts tor the Public Agency pertaini.ng to the financing ana development of the Project. 9.00 'Third Party Contracts, Subc(Jntract~~ anCl Supplemental Agreements , The Public Agency may enter into third party contracts, subcontracts and supplemental agreements necessary to accomplish the Project only \v:i.th the prior \ow'Titten concurrence of the Florida Departr.Jent of Transportation, and, the Federal Aviation Administration, if appropriate. The Department reserVes the right to review the contracts am qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Contracting will be in accordance with the requirements of 23 CFR Part 172 am Attachment 0 to G1B Circular No. A-102. Where the project involves a consultant contract for engineering, architecture or surveying service, the participating agency shall comply with the provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. 10.00 Restrictions, Prohibitions, Controls and Labor Provisions (a) Compliance with Regulations. The Public Agency shall comply ~rrth all of the requirements imposed by Title VI of the Civil Rights Act of 1964 and with the Regulations of the U.S. Department of Transportation relative to non-discrimination and maximum opportunities for Minority - Business Enterprises (MEE) in carrying out the Project. These actions are "described in 49 CFR Part 21, "Non-Discrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights of 1964" am Part 23 "Participation by Hinority Business Enterprise in Department of Transportation Program" hereinafter referred to as Regulations which are herein incorporated by reference am made a part of this agreement. (1) Equal Employment OpJXlrtunit~. In carrying out the Project, the [~ililic Agency shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recTIJitrnent or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Public Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection ~~th the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard cor.~rcial supplies or raw materials. (2) Non-discrimination. The Public Agency with regard to work performed by it on the Project, shall not discriminate on the grounds of .race, colul, leligion, sex or national origin in the selel:LJ..ull or retention of subcontractors including procurements of material and leases of equipment. The Public Agency shall not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations. (3) Solicitations for Subcontracts Includin Procurements of Materials a Equipment. In al so icitations ma e y competitive bidding or negotiation by the Public Agency for oork to be performed under a subcontract including procurement of materials and leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the staff agency of obligations under this contract and the Regulations relative to discrimination on the grounds of race, color, religion, sex or national origin. (4) Minority Business Enterprises. It is the policy of the Department of Transportation that Minority Business Enterprises (HBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the HBE requireG1ents of 49 eFR Part 23, apply to this Agreement. (5) Inco~ration of PrO\~sions. The Public Agency shall include provisions 0 Paragraphs 11.00(a) (1-5) in every contract including procurement of materials and leases of equipment unless exempt "by the Regulations or instructions issued pursuant thereto. (b) Prohibited Interests. Neither the Public 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 Public Agency during his ternJre or for one year thereafter has any interest, direct or indirect, other than those interested attendant to a duly elected office holder or an appointed member of a public board. If any such present or former member officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, ard if such interest is immediately disclosed to the Public Agency ard such disclosure is entered upon the mirnJtes of the Public Agency with the prior approval of the Department, the Public Agency may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Public Agency relating to such contract. The Public Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in the Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "[',Q member, officer, or emplojee of the Public Agency during his tenure or for one year thereafter shall have any interest, direct or irdi rect, in this contrRct or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement bet\.veen the Public Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed. or controlled by a Governmental agency. (c) Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share of part of this Contract or to any benefit arising therefrom. 11. 00 ~liscellaneous Provisions (a) De artment Not Obli ated to Third Parties. The Department shall not be ob igated or lia e ereu er to any party other than the Public Agency. (b) When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Public 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 Public Agency, and the making of any such payment by the Depa rtment when any such breach or default shall exist shall in no way impair or prejudice any right or . remedy available to the Department in respect of such breach or default. (c) How Contract Affected b Provisions Bein Held Invalid. If any prOV1s~on 0 t 's Agreement is el inva i , the remai er 0 t s Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. (d) Bonus or Commission. By execution of the Agreement the Public 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 financial assistance hereunder. (e) State or Territorial Law. Nothing in this Agreement shall require the Public 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 Public Agency will at once notify the Department in wTiting in order that appropriate changes and modifications may be made by the Department and the Public Agency to the end that the Public Agency may proceed as soon as possible with the Project. kes To the extent permitted from all or the 12.00 Right of Technical Review The Department shall have the right of technical review of the work, and, where the work is reasonably found to be erroneous or inadequate technically, may withhold any sum due under the terms of this Agreement, and may reclaim any sums already paid; provided, that if the technical deficiencies are subsequently corrected to the satisfaction of the Depart~€nt, any sums ~~thheld or reclained ~~ll then be made available to the Public Agency as provided under this Agreement. 13.00 Execution of Agreement This contract may be simultaneously executed in several counterparts, each of ~mch so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 14.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include 'the singular. All words used in any gender shall extend to and include all genders. IN \H 1I'lt...":l;) WHEREOF, the parLies hereLo h2ve caused these presents to be executed, the day and year first above written. STATE OF F1.DRIDA DEPAR1MENT OF 'TRANSPORTATION BY: Director of Planning A1TEST : Executive Secretary (SEAL) PUBLIC AGENCY BY: TITI..E: APPROVED AS TO FORM AND lEGALITI: A TIEST: (SEAL) TITLE: Assistant Attorney PROJECf ACCDUNTING IDENfI FI CAT ION BUIX:;Ef ITEM NO. VENOOR 00. JOB NtMBER CONfRACT 00. FUNDS APPROPRIATION FUNCTION FEDERAL AID NO. OBJECT COST erR. EXHIBIT "A" This Exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County. TI-IE PROJECf: The project will consist of preparing an airport master plan to provide the 5, 10, and 20 year development requirements for the Key West Airport. LOCATION: Key West, 11onroe County TI-IE PROJECf DETAIL: sco~ The Key West, Airport Study Design Outline prepared by the ty and the Department District Office proposed special attention to facilities, financial planning, land use planning and capital improvements. \hth this overview in mind, the study should include: o Inventory, Forecast aOO Demard/Capacity o Facility Requirements o Ai rport Layout Plans o ~1anagement Plan o Environmental Plan o Airport Access Plan o Development Schedule/Cost o Economic Feasibility Plan o Reports, Public Information Meetins and Coordination Schedule Phase I - Inventory, Forecast, Demand/Capacity, and Facility Requi rements (tvlonth 1 and Month 2). Phase II - Environmental Sttrly (Month 1, 2, and 3). Phase III - ALP and Access Plan (Month 1,2, 3, and 4). Phase IV - Development Schedule/Cost and Economic Feasibility Plan (Month 5 and Month 6). Phase V - Public Information and Coordination Meetings (Month 1, ~10nth 4, and t10nth 7 v.i.th Report Printing ~lonth 10 and 11 with Close Out Month 12). EXHIBIT "A" (Continucd) Hisccllaneous: 3. A detailc~ study design, Project schedule and schedule of Project deliverables shall be developed prior to a decision to proceed with the Project. These items ard any future changes thereto shall be approved in ~iting by the State Project Representative with concurrence by the Administrator, Public Transportation Planning, Division of Planning prior to the effective date. Evidence of FAA approval shall be provided, if appropriate. b. In order to be considered complete, the Project technical products and planning recommendations shall be approved by the Public Agency. FAA approval is also necessary, if appropriate. PROJECT REPRESENTATIVES: The Project Manager for the Public Agency ,,"Till be ~1r. Art Skelky. The State Project Representative w~ll be Mr. Don Henderson. The State Project Representative shall be notified in advance of and included in all consultant selection, Project definition and development, and Project review meetings. It should be emphasized that the Public Agency is responsible for the preparation, approval and delivery of the Project products. Preparation and delivery may "be carried out through the Project Manager and assisted by a consultant, if necessary. ESTIMATED PROJECT BUJX;ET: $ $ FAA $ WTAL = $ Local State 3,512 3,512 63,211 70,235 A detailed project budget s~111 be developed prior to a decision to proceed with the Project. TIlis refined bJdget and any future changes thereto shall be approved in writing by the State Project Representative with concurrence by the Administrator, Public Tronsportation Planning, Division of Planning, prior to the effective date. Evidence of FAA approval shall be provided if appropriate. Billing and invoice payment by the Department will be at the time tile project is completed. REQUISITION APPROVAL: Requisition amounts to perform the tasks necessary to produce a Project deliverable shall be based on the Project budget and cost records amount. Approval of a requisition for reimbursement will be based on approval of the appropriate deliverable. Evidence of FAA approval shall,be provided, if appropriate.