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Resolution 278-1992 .~ f-:L[f; : f~. (" (1 D Community Services Division .92 JUN 16 P.ll.~ 5 RESOLUTION NO. 278 -1992 ~" ~IClHROt A RESOLUTION OF THE BOARD OF COUNTY COMl-fIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING , Il~~ :'DHElt, MAYOR TO EXECUTE A JOINT PARTICIPATION AGREEMENT (WPI NO. 6826764) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN ORDER TO PROVIDE FOR THE UNDERTAKING OF A DEVELOPMENT OF REGIONAL IMPACT (DRI) STUDY AT THE KEY WEST INTERNATIONAL AIRPORT. WHEREAS, Monroe County operates an airport at Key West, Monroe County, Florida, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to execute a Joint Participation Agreement (WPI No. 6826764) with the Florida Department of Transportation, a copy of same being attached hereto, in order to provide for the undertaking of a Development of Regional Impact (DRI) Study at the Key West International Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 10th day of June , A.D. 1992. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes Commissioner Jones .. Yes Commissioner Stormont Yes (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~~ BY: FebrW:ry'1992 _==========a=======_==_===z====_=====-======-===-======_"Z====_:_._=====-_=... SAMAS Approp: 0 8 8 8 0 0 SAMAS Obj.: 730050 O~.Coo~ 55062020628 Vendor No.: VF596000749001 WPI No: 6 8 2 6 7 6 4 Job No: 90000-3802 Fund: 0 1 0 Function: 6 3 7 Federal No: N / A Contract No: A 904 8 ============================================================================== STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this day of. 19 --J by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the SUIte of Florida, hereinafter called the Department, and MONROE COUNTY hereiMfter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to underWce the project hereiNlfter described, and the Department has been granted the Quthority to function adeqUlltely in Qll tlTea5 of tlpproprUzte jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under F . S. 3 3 2 . 0 0 6 ( 6 ) to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual cwenants, promises and representations herein, the parties Qgr~ as folluws: 1.00 Purpou of Agreement: The purpose of this Agreement is top r 0 vi d e for the undertaking of a Development of Regional Impact (DRI) study at the Key West International Airport. and as further described in Exhibit(s) A. B. & C & F attached hereto and by this reference made a part hereof, hereinafter CIllled the project, and to prwide DepartmenW fiMndAI assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the 1Mnner in which the project will be underWcen and completed. 1 . . F,ebruary 1992 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complde the ,project as described in Exhibit "A" with all prlUtical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein. and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authoriultion is requisite under applicable law to e1Ulble the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the prwisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions nectSSilry 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 e1Ulble 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, contrlUts and other documents relating to the project as the Department may require as listed in Exhibit "C". 3.00 Project Cost: The total estimated cost of the project is $ 200. 000 . . This amount is' based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Agency agrees to bear all expenses in e:<<ess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Deparbnent agrees to maximum participation, including contingencies, in the project in the amount of $ 100. 000 . as detailed in Exhibit "B", or in an amount equal to the percentage<s) of total project cost shown in Exhibit "B", whichetJer is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State JXlrticipation in eligible project costs is subject to: a) Legislative approval of the Deparbnent's 4pploJ'Tiation request in the work program year that the project is scheduled to be committed; b) The understanding that disbursement of funds win be made in aa:ordance with the balanced thirty- six (36) month cash fortCllSt; c) Avai1Jlbility of funds tIS stated in ptZTIJgraph 17 J)() of this Agreement; d) Approval of IJll pltJns, specificAtions, contracts or other obligating documents fUUl all other termI of this Agrtmimt; e) Deptlrlment 'W'oOfd of the project scope fUUllntdget (E%hibits A & B) at the time ~ authority becomes aNilable. 4.20 Front End Funding: Front end funding" (is not) tlpplU:.able. If IIppliazble, the Department ""'Y initiany pay 100% of the total IJllowable incurred project costs up to IJn amount equal to its tot4l share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage Ii (is not) applicable. if applicable, N I A percent of the Department's total share of participation as shown in JXlragrapn 4.00 is to be held in retai7Ulge to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 2 febnulry 1992 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the execution of this Agreement, a project budget, shall be prepared by the Agency and approved by the Dqxlrtment. The Agency shall maintain said budget, a1.rry out the projed and shall incur obligations against and make disbursements of project funds only in confonnity with the latest approved budget fOT the project. The budget may be revised periodically, and if revised, a copy of the revision should be forwarded to the Comptroller. No budget increase OT decrease shall be effedive unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule of the Department funds to be expended on the project. This schedule shall sJww estimated disbursements for the entire term of the project by quarter of fiscal year. The schedule may be divided by project phase where such division is determined to be appropriate by the Department. Any significant deviation from the approved schedule in Exhibit "B" requires submission of a supplemental schedule by the Agency. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with uniform requirements that may be established by Dqxlrtment program guide1ines/procedures and Generally Accepted Governm~tal Accounting Standards (GAGAS) to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project tUcount-. The project account shall be made avat7able upon request by the Department any fane during the period of the Agreement and for five yam after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit InstlTana Corporation, all payments received by it from the Department purswmt to this Agreement and all other funds provided for, accruing to, '" otherwise received on account of the project, which Department payments tJnd othtr funds are herein collectively referred ro as "project funds". The Agency shall require depositorie$ of projt:d funds ro secure continuously and fully all project funds in exass of the amounts insured under federal plans, or under St/de plans which have been approved for the deposit of project funds by the Department, by the deposit or sdting tlSiIle of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or lIS IIppr'croed by the Department. 1.30 Costs IlICIIfTed for tM Project: The Agency sludl charge to the projt:d IICCOUnt IIIl eligible costs of the project. Costs in aass of the lattst Ilpproved budget or attributable to actions which IIIIW not r<<dwd the required approval of the Department slwlll not be considered eligible costs. 1.40 Documentation 0/ Project Costs: All costs chmged to the project, induding tmy approved services contributed by the Agency or others, shQll be supported by properly executed payrolls, time records, inroices, contTacts, or vouchers evidencing in proper detail the nature and propriety of the drlrgts. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed tJOIlCher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, inooices, contracts, vouchers, orders, or other tUCounting documents perlIzining in whole OT in part to the project shall be clearly identified, retUlily accessible, and, to the extent /ellSible, kept separate and apart from all other such documents. 3 F,ebruary 1992 7.60 Audit Report.: The Agency shall provid~ to the Department for each of its fisaU years for which the project account remains open, an audit report prepared either by its offi~l auditor or audit agency or IIn independent certified public accountant, reflecHng the use of the funds of the Department, the Agency, and those from any other source with respect to the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the Stnndards for Audit of Governmental Or!lanizations, Pro!lTaTns, Activities and Functions, issued by the U. S. General Accounting Office and OMB Circulares A-128 or A-133 where applicable. The Agency shall require its auditors to include in their report a schedule of project assistance as described in Exhibit" A ", Spe~l Considerations. 7.70 Insurance: The Agency shall carry property IInd ctlSualty insurance on project equipment and facilities and provide evidence of said insurance for the project amount stated in paragraph 4.00 of this Agreement. If this Agreement is for purchase of land, the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.01 Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.02 Bills for any travel expenses shall be submitted in accordance with Chapter 112.061 F.S. The Department may establish ra,tes lower than the maximum provided in Chapter 112.061 Florida Statutes. 8.03 If, after project completion, any claim is mJUle 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 parti~tion agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not mJUle within sixty (60) days to the Department. 8.04 Offsetting any amount pursuant to section 8.03 shall not be considered a breach of contract by the Department. 8.10 PrelimiMry Action by the Agency: In order to obtain any Department funds, the Agency shall: 8.11 With respect to 1!"operty tlCtfUired, Ii'e with the Department of TrlllllpOrlmon, District SIX Programs, 602 S Miami Ave, Miami Florida, 33130 its requisition on a form or forms prescribed by the Department, IInd such other datA ptrliZining to the project lZCCOUftt (lIS defined in ptI1t1grqh 7.10 hDeof) tmd the project tIS the DepllTtma' may require, to juIIify - svpport the przyment requisitions, includiftg: (1) the date the Agtncy llaJuired the property, (2) a statement by the Agency certifying tMt the Agency has acquired 5IIid property lind, (3) if the requisition cootTS the acquisition of TtIll properly; A. II stAftment by the Agency certifying tJrzt the Agmq hils IICIplired SfZid real property, Ilnd actual consideration paUl for real property. B. a statement by the Agency certifying tJuzt the appraisalllnd acquisition of the real property together with any attendant relocation of occuptI7I.ts um accomplished in compliana with all federal laws, rules and procedures required by any federal ootTSight agency lind-with all state laws, TIlles and procedures that mIlY apply to the Agency acIluiring the real property. 4 February 1992 8.12 Comply with all appHCRble provision. of thil Agreement. 8.20 The Department's Obligatiom: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project account if: 8.21 Misrepresentation: The Agency shall have made misrepresentJltion of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shan have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are appraved; , 8.24 Conflict of Interests: There has been any violiltion of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the pravisions of the Agreement. 8.26 Federal Participation af Applicabk): The Department may suspend or terminate the financial assistJlnce of this grant if any federal agency providing federal finandaJ assistJlna for the project determines that the purposes of the stJltute under which the projed is authorized would not be adequately served by continuation of federal financial assistJlna to the project. 8.30 Disallowed Costs: In determining the amount of tM payment, the Department will uclu4e an projects costs incurred by the Agency prior to the effective date of this Agreement, costs which me not provided for in the latest lIppf'oved budget for the project, and costs attributable to goods or seruices rtuivtd under a contract or other tI1Tangements which have not been approved in writing by the Deprmment. 9.00 Termination or Suspension of Project: 9.10 TmniMtion or Suspension Generally: If the Agency tIbandtms or, before completion, firuz1ly discontinues the project; or if, by reason of any of the events or amditions set forth in ,.,1IgnIpIrs 8.21 to 8.26 indusive, or for tmy other rttlS01l, the commencement, prosecution, or timely completion of the projtd by the Agmcy is rendered improbable, infeasible, impossible, or illegal, the Oeptlrtmmt will, by writfDl 7Wtic:e to 1M Agency, suspend any or all of its obligations under this Agreement until such time lIS the mmt or coruIititm rfSllUbtg in such suspension has ceased or been corrected, or the Department may terminate RnY or all of its obligf'tUms under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any fi7J4l termination or suspension notice under this paragraph, the Agency shall proceed promptly to amy out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required 5 .Febrwry 1992 or desirable w keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which iUe otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the ptovisions of the Agreement. 'The termination or suspension shall be Cl4rried out in conformity with the latest schedule. plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal /irumcial participation in the project shallrwt constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally Cl4ncel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject w the provisions of Chapter 119 Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for ]XlY11t~t, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall pennit, and shall require its contractors to permit, the Department's authorized representatives w inspect all work, materiD1s, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. ' 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shallrwt execute any contract or obligate itself in any manner reJjuiring the disbursement of Department joint participation funds, including consultant or construdion contracts or amendments thereto, with flrty third party with resped to the project without the written approval of the Department. Failure to obtain such approval sMU be sufficient cause for rwnpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to reuiew the quaIifictltions of any consultllnt or contractor and to approt1t or disapprove the employment of the same. 12.20 Complillnce with Constlltants' Competitif1t Negotilltion Ad: It is understood ad IIgreed by the ptlrlies hereto that participation by the Department in II project with an Agency, where said projed i7lt1OhJts a consultant contract for engineering, ID'chitecture or suroeying seruias, is contingent em the Agency compIyi1lg in f1dl with prOf1isions of Section 287.oSS, Florida Statutes, ConsultAnt. Compefitiw Negoti4tion Act. At the discretion of the DtpID'fment , 1M Agency will bwol'Ot the DtpID'fment in the Consultant Stltdion ProctII far .II projects. In all ~, the Agenty's Attorney shall certify to the Department fhat selection hils been ~ in compliance with the Consultant's CompetitiDe Negotiation Ad. 12.30 Minority Business Enterprise (MBE) Policy tUUl Obligation: 12.31 MBE Policy: It is the policy of the Department that minority business enterprises tIS defined, in 49 CFR Part 23, as amended, shall have the 71UlXimum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The MBE requirements of 49 CFR PIlrl 23, as amended, apply to this Agreement. - 12.32 MBE Obliglltion: The Agency and its contractors agree to ensure that Minority Business Enterprises as defined in 49. C.F.R. PIlrl 23, as amended, have the maximum opportunity to participate in 6 February 1992 the performance of contracts and this Agreement. In this regard, 411 recipients, and contractors s1uUI take all necessary and reasonable steps in acc.ordana with 49 C.F.R. Part 23, as amended, to ensure that the Minority Business Enterprises 1urot the maximum opportunity to compete for 'and perform contracts. Grantees. recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass Transportation Administration or Federal Highway Administration Funding is a part of this project, the Agency must comply with Subpart (E) of CFR 49, Part 23, as amended. 13.00 Restrictions, ProhibiHons, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of ract, age, creed, colar, sa or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, ar national origin. Such action shall include, but not be limited to, the foUowing: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shaI1 insert the foregcnng provision modified only to show the particult:t contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shaU require aU such amtractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places availDble to employees and applicants for employment for project work, notices to be prauided by the Department setting forth the provisions of the nondiscrimination cla~ 13.20 Title VI - Civil Rights Ad of 1964: The Agency will comply with a11 the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: Ndther the Agency nor any of its contractors or their subcontr.actors shaU enter into any contract, subcontract, or lDTangement in connection with the project or tmy property included or plllnned to be included in the project, in whicJlllny member, offiar, or employee of the Agency or the loadity during his tenure or for two ytJlrs thertJlfter Iws tmy interest, direct or i1uIirect. If any such present or former member, officer, or employee involuntarily acquires or 1uId acquired prior to the beginning of his tenure any such inft:rest, an4 if such interest is immediately disclDStJl to Use Ageru:y, the Agency with prior IlptHooal of the Deptn'fmDtt, mIlY ~ the prohibition contained in this ~ Prwided, that any such present membtF, offU:er or""""'" not participate in any action by the Agency or Use loaI1ityrel4ting to sud amtrtu:f, subamfrllct, or II1TIIIIlflllDlt. The Agency shall insert in 411 contracts entered into in connection with the project or tmy property inc1udttl or plllnnetl to be included in any project, and shall requiTe its contractors to insert in etICh of their subcon~, the following provision: -No member, officer, or employee of the Agency or of the locality during his tenure ar for two years thereafter shall have any interest, direct or indirect, in this contract ar the proceeds thereof. - The provisions of this subsection shaU 1Wf be applicable to any ilgreement between the Agency and its fisall depositories, or to any agreement for utility services the rates for which llTe fixed ar controlled by a Governmental agency. 7 .February 1992 13.40 Interest of Member. of, or Delegates to, Congrn.: No member or delegtzte to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, construction, reconstruction, improvement of facilities or equipment, shall be presented to the Department for review. In rendering such review, the Department shall determine whether such facl1ity or equipment is designed and equipped to prevent and control environmental pollution. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 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. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 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 pUr]XJ5e of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shan require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of tmy applicable State law: Pravided, that if any of the provisions of the Agreement violate any applialble State W, the Agency will at once notify the Department in writing in order that lI{?noptiate changes and modifications may be made by the Department and the Agency to the end that the Agency nury proceed as soon as possible with the F~~ ' 14.70 Use and Maintena~e of Project Facilities IInd Equipment: The Agency agrees that the proj<<t facilities and equipment will be used by the Agency to prouide or support public tTansporl,dion fur the periotl of tire fM/ul life of such facilities 11M equipment as determined in IIaOf'tlIIna with genmlllCtDlUlling prlndpla -f"PP'oved by tire Deptartment. The Agency further Ilgrtl!lS to 'lMintldn the proj<<:t fttdlitits tm4 tqtdpment in good working order for the useful life of SIIid facilities or equipment. 14.71 Property ~cortU: The Agency agrees to I'IUIintsdn property rtt:ords, condud pIrysiad inventories and develop control systems as retjuired by 49CFR PlITt 18, when appIialble. 14.80 Disposal of Project Facilities or Equipment: If tht Agency disposes of any project facility or equipment during its useful life for any purpose except its replaament with like facility or equipment for public transportation use, the Agency will comply with the terms of 49CFR Part 18 relating to property ma1lllgemmt standards. The Agency agrees to remit to the Department a proportio1lll1 amount of the proceeds from the dispostl1 of the facility or elluipment. Said proportional amount shall be determined on the basis of the ratio of tht Department financing of the facility or equipment as provided in this Agreement. 8 Februslry 1992 14.90 Contract'ilQllndemnity: To the extent permitted by law, the Agency shall indemnify, defend,~, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, dmlilnds, liability of any nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontractors. agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for dJJmages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28 Florida Statutes or any similar provision of law. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of azpital equipment or the constructing and equipping of fadlities, the Agency shall submit to the Department for .approval all appropriate plans and specifications covering the project. The Department will review all plans and spedfications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and rel:ommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Agency Certification: The Agency will certify in writing prior to project closeout 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. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation l1y the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(7)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fisall year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as fl'CXli1able for expenditure during such fisaU yetzr. Any contract, t1tI'bal or written, nuule in violation of this subsection s1uU1 be null and void, and no money sha11 be pmd tlweon. The Department shall require a statement from the comptroUer of the DeptZI'tment that funds are tWtlilable prior to entering into any such contract or otlw binding commitmtJJt of funds. Nothing herein shall prevent the making of contracts far II period aat!tliftg one ytIII'. but IDlY contrlld so PMde ,Iulll be executory only for the 'Dfilue of the services to be rendm:tl or .- to be pal for in succeeding fisad years, land this paragraph shall be incorporated W1'btztim in laU contrllds of the Department which are for an amount in excess of twenty-fWe thousand dollArs and harling a term for a period of more than one year. " 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before J u n e 3 0, 1 9 9 5 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested l1y the Agency Il1ld granted in writing by the District Secretary, District S I X . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shaH be initiated. 9 February 1992 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural farm shJlll extend to and include the singular. AIl words used in any gender shall extend to and include all genders. ' 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterrxzrts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, ren~l, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "DiscJosure Fonn to Report Lobbying, " in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents far all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified lIS Agency) prouiding goods and seroices to the Department should be aware of the following time frames. Upon receipt, the DqKlrtment has five (5) working dIIys to inspect and tzpprove the goods and services unless the bid specifiaztions, plD'cJlIIse order or contract sptdfits otherwise. The Department has 20 dJzys to deliver a request for payment (f1OUdtt:r) to the Deptntmmt of Banking and Finance. The 20 dilys are measured from the latter of the date the intlOict is reair;led or the goods or servicts are received, inspected and tzppruoed. If II payment is not mxzilable within 40 dJzys IJ/fer reaipt of the inma II7Ul reaipt, i'llSpldion II1Id """,.orJGl of goods IJnd seroices, a separate interest penalty of 0.00333 percent per day will hi 4ut II7Ul plytlble, in adition to the inTJOia amount to the Agency. The interest penalty provision IIppIits II{tt:r IJ 35 day time perio4 to httdtlr ClUe prwiders, lIS defined by rule. Interest pe7Udties of less than one (1) tlol1tlr fDill1Wf be enforced unless the Agency requests payment. Invoices which haoe to be returned to tl.n Agerrt:y beaaIse of Agency",eptmIfion errors wiU mult in It delay in the payment. The intlOice payment requirements do not sftlrl until" properly complettd int10ice is prwided to the Department. A Vendor Ombudsman has been established within the Department of BttnJcing and Fi1Ulnce. The duties of this individual include acting as an adVOalte for Agencies who may be experiencing problems' in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacttd at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 10 -February 1992 WPI NO. 6826764 JOB NO. 90000-3Bo2 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and yetlr firsi above written. AGENCY DATE FUNDING APPROVED BY COMPTROLLER (SEE AITACHED ENCUMBRANCE FORM) MAY 1 2 1992 BY: TITLE: ATTEST: (SEAL) APPROVED AS TO FORM, LEGAUTY TITLE: SPORTA-nON ~C~ SlJFF1QIENCY. By Attome)I'a~ OllIe 1 \ ~~ ,qq't-., \ DlSTRlcr SECRETARY OR DIRECTOR OF PLANNING AND PROGRAMS ArrEST: (SEAL) EXECllTIVE SECRETARY OR NOTARY 11 ------------------------------------------------------------------ ------------------------------------------------------------------ ENCUMBRANCE INPUT FORM ------------------------------------------------------------------ ------------------------------------------------------------------ RUSH Reason for RUSH : Advertise (Letting Letter of Authorization XXX-New ___-Supplemental ___-Correction (Needed by ___/___/___ (date)) Date) Award Renewal Court Order --- Overrun Addition Termination Agmt. Contract # A9048____ Contract Type 310 Method of Procurement G Vendor Name: MONROE COUNTY Vendor ID VF 596-000-749-00~ Has Written/Verbal Approval from a Participating Federal Agency been received Yes X No Fed Funds $ 0 State Funds $ 100,000 Local Funds $ 100,000 Beginning date of Agmt: 06/15/92 (Must be after fund approval) Ending date of this Agmt: 06/30/94 (Estimate if necessary) Execution date of this Agmt: / / (Only on original agreements) Has work been authorized to begin?-- -Yes XX-No Have standard financial provisions been altered by contract terms? Yes X-No If so, show Revision date: N/A Does--- this-agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes X No If so, has the JPA been approved by the COMPTROLLER?___ Yes X_ No ***************************************************************** Brief description of work: DRI for New Passenger Terminal facility at Key West Int'l Airport. $50,000 of the $100,000 moved from WPI 6826720, Contract A8881 to this contract. ***************************************************************** ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT (PROGRAM#) (WPI # ) (FUND) numeric ( FY's ) To be completed if funded in 2 or more fiscal years. ----------------------------------------------------------------- ----------------------------------------------------------------- 55062020628 *11 * 730050 * $100,000 * 90000-3802-50 * 637 (2095 ) "( 6826764 ) ( 010) ( ) ------------------------------------------------------------- 55 * * * * * ( ) ( ) ( ) ( TOTAL AMOUNT *$100,000__ * * originator: Len Bivins Date:_05/11/92___Phone:SC 452-5912 E-mail user-ID PT628LB ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ****************************************************************** BUDGET ENTITY 5580 CATEGORY 088800-92 WORK ORDER BALANCE Authorized on 05/11/92=100,000.00 ALLOTMENT Ab=100,00I.00 YEAR 92 DATE CHECKED _05/11/92 FUNDS APPROVED BY Marsha Johnson DATE 05/12/92 WPI NO. 6826764 JOB NO. 90000-3802 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and the County of Monroe dated PROJECT LOCATION: Key West International Airport - Monroe County PROJECT DESCRIPTION: Development of Regional Impact (DRI) for the passenger terminal facility at the Key West International Airport in accordance with the State requirements for a DRI contained in Section 380.06(6), Florida Statutes for terminal construction. PARAGRAPH 4.10 OF THE JOINT PARTICIPATION AGREEMENT If this Agreement is executed prior to funding being available and approved by the Department comptroller, note the conditions of Paragraph 4.10 of this Agreement. SPECIAL CONSIDERATIONS BY AGENCY: Provide three (3) sets of the study final documents and two (2) updated copies of the Airport Layout Plan (ALP) to the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: NONE WPI NO.: 6826764 JOB NO.: 90000-3892 EXHIBIT "B" PROJECT COST AND CASHFLOW: This exhibit forms an integral part of that certain Supplemental Joint Participation Agreement between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, and the COUNTY OF MONROE dated I. PROJECT COST: 6836764 $ 200,000.00 TOTAL PROJECT COST: $ 200,000.00 II. FUND PARTICIPATION: Federal Participation: (FAA) ( o. 0% ) $ (50.0%) $ 0.00 Public Agency Participation: (LF) 100,000.00 Department Participation: (DPTO) (50.0%) $ TOTAL PROJECT COST: $ 100,000.00 200,000.00 III. ESTIMATED CASHFLOW OF STATE FUNDS ($ X 1000) Fiscal Year 1st otr. 2nd otr. 3rd otr. 4th otr. 92/93 0 0 0 25 93/94 0 25 0 25 94/95 0 25 0 0 WPI NO.: 6826764 JOB NO.: 90000-3802 EXHIBIT "c" REQUIRED SUBMITTALS/CERTIFICATIONS AND BASIS FOR THEIR ACCEPTANCE BY THE DEPARTMENT This exhibit forms an integral part of that certain Joint Participation Agreement between the state of Florida, Department of Transportation, and the County of Monroe dated Documents required to be submitted to the Department by the Agency in accordance with the terms of this contract. SUBMITTAL/CERTIFICATION RESPONSIBILITY Consultant Selection Compliance Agency Attorney Certified Submittal for Review 90% Final Draft 100% Final Document Department Comment Department Letter Audit Reports As Requested Three (3) Final DRI Study Texts Agency certified Two (2) Updated Airport Layout Plans (ALP) Agency certified ~l 2SQ, WPI NO 6826764 lOB NO 90000-3802 EXHIBrr "p' SPECIAL AJRPORT ASSURANCES This exhibit for17f$ /Zn integrlZl ptlrt 01 tMt c~tain Joint Participation Agreement ~tween the State 01 Flria, Deptlrtmlnt of TrtmsporUltion (md MONROE COUNTY .. "ta 1. GENERAL iI. These assurances sJuzll be complied with in the performance of 77Wter plllnning, land acquisition, economic development or capillll improvement projects which contain l::!.Q fed~al funds. b. Upon accept/mce of this Joint Participation Agreement by the sponsor, theu (Wurances are incorporated in ilnd become a ptlrt th~eof. 11. DURATION Th, terms, conditions I2nd tUsurances of the grant agreement sJuzll rmuzin in full force I2nd effect throughout the useful life of the facilities dewloped or equipment acquired for any airport detJllopment project, but in /Zny event not to exceed twenty (20) Yellrs from the date of acceptance of a grant agreement utilizing state funds for the project. Howev~, th~e shall be no limit on the duration of the assur/Znces with respect to relll property <<"uired with project funds. IiI. SPONSOR CERTIFICATION TM qoJIIOf Mrlby a.ur. tlnd M"tifiG, with rlSpltt to this grtant: tI. It htu sufficient funds tIt1flilllble for tJuzt portion 01 the project co'" not pdid for by tlr4 SUltl. It Ita sufficient funds tlVGilllbk to tUlur, ope1'fltion find mflinteMnce 01 items it will own or control fundld und" the grflnt tlgrltllmfnt. b. It holds good till" SIltisfactory to the Dt'pQ1tmlnt, to the IIlnding tlr. of the tlirport or site thereof, or will giw assur/Znce SIltislactory to the Department, tMt good title will be acquired. c. If an arrangement is made for mallagmltnt and oper/Ztion o{ the airport by any tlgency or person oth~ than the sponsor or an employee of the sponsor, the sponsor will resnw slllficient rights and /Zuthon'ty to ensure that the airport will be operated and maintained in /Zccord/Znce with the Federal Airport and Airway Improvement Act 0/1982, or successitJe legisltztion; the regulations and the terms, conditions and assurllnces in the grllnt agreement; Ilnd shall ensure that such Ilrrangement also requires compliAnce therewith. d. It will RdeqllAtely clem and protect the aerial trpprOilches to the airport by removing, lowering, ^""' 19~1 ,. ,,'oalling, m4rking, or lighting, or olherwise miHgQting exisHng lIirport IuuIlrds 11M by prttlenting th, .IiIblilhm,nt or "Mlion 01 future Qirport IuuIlrds. It will mnke its llirport IItJlIl1,1bl, QS an Qirport for public lIS' ol'll'liT IInd rtlUOnllbl, terms. It will permit no exclusive rights for the use 01 the Qirport by Qny persons prwidin" or intending 10 pr.wid' ",o".w~ WfIiuIlo thl public. All rewnues generated by Ihe airport will be expended .by it for the capilill or ope1'lIting cosls of the airport, the local airport systtm, or other 10CQI faciliHes owned or operated by Ih, owner or operator of the lIirport Imd directly related to the actual atrial transportation 01 passengers or property. Once accomplished, il will k<<p up-te-date a minimum of an Ajrport l.tryoul Plan of the airport showing (1) boundaries of th, airport and all proposed additions thtrtlo, together with th, boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed addiHons thereto; (2) the location and nature of all existing and proposed airport/aei/jHes and structures (such as runways, taxiways, aprolls, termi1UZI buildings, hangars and roads), including all proposed extensions and reductions of existing airport lacilitit:s; and (3) the location 01 all eristing imprwements thereon. I. ,. h. '.