Resolution 456-1992
RESOLUTION NO.
456 - 1992
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
JOINT PARTICIPATION AGREEMENT (JPA)
FOR AIRPORT FUNDING AND FINANCE. ASSESSMENT,
INCLUDING PASSENGER FACILITY CHARGES (PFC)
STUDY AT KEY WEST INTERNATIONAL AND MARATHON
AIRPORTS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, hereby authorized the Mayor to approve the Joint
Participation Agreement (JPA) for airport funding and finance
assessment, including passenger facility charges (PFC), study
at Key West International and Marathon Airports, between Monroe
County and the Florida Department of Transportation, 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 this
7
day of
October
, 1992, A.D.
MAYOR, Wilhelmina Harvey
COMMISSIONER, Jack London
COMMISSIONER, Douglas Jones
COMMISSIONER, A. Earl Cheal
COMMISSIONER, John Stormont
Yes
Yes
Yes
Yes'
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
,_......."~.aJI---..."--.- ~-
By ~______~. -__"- r' \
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
,.
o
~ ...i:.
0(; ~,.
Ti:,- .,
~
""r1
r-
'''l
'::J
CJ
C'""J
~" ~~~'
APPROVED is. TO F.'~=
AND LEGJl.I;'-'SuFFI ~~
-r> N. ."1:::
By
I. _
. . FeqruafY'1992
,
=: '=============================================================================
Vv?1No: 6826772
Fund: 0 1 0
Function: 63 7
Federal No:
Contract No: A 'J.33~
SAMAS Approp: 0 8 8 800
SAMAS Obj.: 730050
Org. Code: 55 0 6 20 206 2 8
VendorNo.: VF59 6000 749 001
Job No: 90000 - 3 8 8 r
==============================================================================
STATE OF FLORIDA DEPAR1MENT OF TRANSPORTATION
PUBLIC TRANSPQRTATION JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this
day of
19-,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of
Florida, hereinafter called the Department, and the Coun tv of Monroe
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transp~rtation 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 covenants, promises and representations herein, the
. parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Airport funding and finance assessment, including
Passenger Facility Charges (PFC), study at
Key West International and Marathon Airports.
and as further described in Exhibit(s) A , B, & C attached hereto and by this
reference made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the
Agency and state the terms and con~~tio~s upon which such assistance will be provided and the understandings as
. to the manner in which the project will be undertaken and completed.
1
'February 1992
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall com~ence, and complete the project as described in
Exhibit "A" with all practical dispatch, in a sOlfnd, 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 authorization is requisite under applicable law to enable the Agency to enter
into this Agreement or to undertake the project hereunder, 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 (my 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".
3.00 Project Cost: The total estimated cost of the project is $ 3 0 , 0 0 0 . - . 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 excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including
contingencies, in the project in the amount of $ 15, 000 . - as detailed in Exhibit "B ",
or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever 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 participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that
the project is scheduled to be committed;
b) The understanding that disbursement of funds will be made in accordance with the balanced thirty-
six (36) month cash forecast;
c) Availability of funds as stated in paragraph 17.00 of this Agreement;
d) Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; .
e) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation
authority becomes available.
4.20 Front End Funding: Front end funding ~~ (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 4.00.
5.00 Retainage: Retainage (:it) (is not) applicable. if applicable, N / A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at
the Department's discretion, on or before the completion of the final project audit.
2
Febtua[Y 1992.
6JJO Project Budget and Disbursement Schedule:
6.10 The Project Budget: Priar to the execution of this Agreement, a project budget, shall be prepared
by the Agency and approved by the Department, The 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 appraved
budget for 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 or decrease shall be effective 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 show estimated disbursements far 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 Establisll1nf!11t and Maintenance of Accoul1ting Records: The Agency shall establish for the
project, in conformity with uniform requirements that may be established by Department program
guidelines/procedures and Generally Accepted Governmental 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 account". The
project account shall be made available upon request by the Department any time during the period of the Agreement
and for five years 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 Insurance'
Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds
provided for, accruing to, or otherwise received on account of the project, which Department payments and other
funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds
to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under
State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting
aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as
approved by the Department.
7.30 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.
7.40 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.
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
voucher 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, invoices, contracts; vouchers, orders, or other accounting documents pertaining in
whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate
__ and apart from all other such documents.
3
'February 1992
7.60 Audit Reports: The AgenCy shall provide to the Department for each of its fiscal years for whidt
the project account remains open, an audit report prepared either by its official auditor or audit agency or an
independent certified public accountant, reflecting the use of the ftmds of the Department, the Agency, and those
from any other source with respect to the projec(. . Audits shall be performed in accordance with generally accepted
government auditing standards contained in the Standards for Audit of Governmental Or!Zanizations, Pro!(1'ams,
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 ", Special Considerations. .
7.70 Insurance: The Agency shall carry property and casualty 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 rates lower than the maximum provided in Chapter 112.061 Florida Statutes.
8.03 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 particiation 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.
8.04 Offsetting any amount pursuant to section 8.03 shall not be considered a breach of
contract by the Department.
8.10 Preliminary Action by the Agency: In order to obtain any Department funds, the Agency shall:
8.11 With respect to property acquired, file with the Department of Transportation,
District Six , 602S. Miami Ave., Miami Florida, 33130
its requisition on a form or forms prescribed by the Department, and such other data pertaining to the project
account (as defined in paragraph 7.10 hereof) and the project as the Department may require, to justify and support
the payment requisitions, including:
(1) the date the AgenC'j acquired the property,
(2) a statement by the Agency certifying that the Agency has acquired said property andj
(3) if the requisition covers the acquisition of real property;
A. a statement by the Agency certifying that the Agency has acquired said
real property, and actual consideration paid for real property.
B. 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 wiih all state laws, rules and procedures
that may apply to the Agency acquiring the real property.
4
8.12 Comply with all "applicable provisions of this Agreement.
February'1992
8.20 The Department's Obligations: 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 misrepresentation of a material nature
in its application, or any supplement thereto or amendment thereof, or in or with]espect to any document
of data furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the perfonnance by the
Agency of any of its duties or obligations whkh may jeopardize or adversely affect the project, the
Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the
project which, under this agreement, requires the approval of the Department or has made related
expenditure or incurred related obligations without having been advised by the Department that same are
approved;
8.24 Conflict of Interests: There has been any violation 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 provisions of the Agreement.
8.26 Federal Participation (If Applicable): The Department may suspend or terminate
the financial assistance of this grant if any federal agency providing federal financial assistance for' the project
determines that the purposes of the statute under which the project is authorized would not be adequately served
by continuation of federal financial assistance to the project.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude
all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not 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 have not been approved in writing by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally
discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26
inclusive, 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.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, ihe Agency shall proceed promptly to carry 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
February 1992
or desirable to keep to the minimum the costs upon the basis of which the finan~ng is to be computed; (2)
furnish a statement of the project activities and contracts, and other undertakings the cost of which are
otherwise includable as project costs; and (3) remit to the Department such portion of the financing and
any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the
latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within
a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial
participation in the project shall not 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 cancel this Agreement for refusal by the
contractor or Agency to allow public access to all documents, papers, letters, or other material subject to
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 payment, 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 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.
12.00 Contracts of the Agency:
12.10 Third Parly Agreements: Except as otherwise authorized in writing by the Department, the
Agency shall not execute any contract or obligate itself in any mf!mier requiring the disbursement of Department
joint participation funds, including consultant or construction contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve
or disapprove the employment of the same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by
the parties hereto that participation by the Department in a project with an Agency, where said project involves a
consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in
full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the
discretion of the Department, the Agency will involve the Department .in the Consultant Selection Process for all
projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished
in compliance with the Consultant's Competitive Negotiation Act.
12.30 Minority Business Enterprise (MBE) Policy and Obligation:
12.31 MBE Policy: It is the policy of the Department that minority business enterprises as
defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the
perfomlance of contracts financed in whole or in part with Department funds under this Agreement. The
MBE requirements of 49 CFR Part 23, as amended, apply to this Agreement.
12.32 MBE Obligation: The Agency and its contractors agree to ensure that Minority Business
Enterprises as defined in 49. c.F.R. Part 23, as amended, have the maximum opportunity to participate in
6
February 1992
the performance of contracts and this Agreement. In this regard, all recipients, and contrl JaIl take
all necessary and reasonable steps in accordance with 49 C.F.R. Part 23, as amended, to ensure that the
Minority Business Enterprises have the maximum oppo.rtunity 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 perfonnance 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, Prohibitions, 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 emplayee or applicant for employment because of race, age, creed, color, sex or
national origin. The Agency will take affinnative action to ensure that applicants are emplayed, and that emplayees
are treated during emplayment, without regard to their race, age, creed, color, sex, or national origin. Such action . -:.
shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular
contractual relationship in all its contracts in connection with the development of aperation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When
the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency
shall post, in conspicuous places available to employees and applicants for employment for project work, notices to
be provided by the Department setting forth the provisions of the nondiscrimination clause.
13.20 Title VI _ Civil Rights Act of 1964: The Agency will comply with all 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: 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
his tenure or for two years thereafter has any interest, direct or indirect. If any such present or fanner member,
officer, or employee involuntarily acquires or had acquired prior to the beginning of his 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 subsection: Provided, that any such present member, officer or emplayee shall
not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the
following provision:
"No member, officer, or emplayee of the Agency or of the locality during his tenure or for two years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
, I
!
The provisions of this subsection 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 fixea-or -controlled by a GOvernmental
agency.
7
Februnry 1992
13.40 Interest of Members of, or Delegates to, Congress: No member or delegate 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 Ppllution: 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 fact?ity 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 Commissio;l: 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.
14.60 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 Agreementviolate any applicable State law, the
AgenCl) 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.
14.70 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.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical
inventories and develop control systems as required by 49CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or
equipment during its useful life for any purpose except its replacement with like facility or equipment for public
transportation use, the Agency will comply with the terms of 49CFR Part 18 relating to property management
standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal
of the facilit1j or equipment. Said proportional amount shall be determined on the basis of the ratio of the
Department financing of the facility or equipment as provided in this Agreement.
8
- . Februqry 1992
14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save,
and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands,
liability of any nature whatsoever arising out of, because of, or du;e to breach of the Agreement by the Agency or
its subcontractors, agents or employees or due to, any negligent ad, 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 damages 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 capital
equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval
all appropriate plans and specifications covering the project. The Department will review all plans and specifications
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 recommendations 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 perfonnance and obligation to pay under this Agreement is contingent upon
an annual appropriation mJ the Legislature.
17.20 Multi-Year Commibnent: In the event this Agreement is in excess of $25,000 and hasa 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 fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection shall be null and void, and no money shall be paid thereon.
The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein shall prevent the making of contracts for a period exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be paid for
in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of twenty-five thousand dollars and having a tenn
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 30, 1 9 9 6 . If the Agency does not complete the project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency and
granted in writing by the District Secretary, District Six . Expiration of this Agreement will be considered
termination of the project and the procedure established in paragraph 9.00 of this Agreement shall 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 form shall extend to and include the singular. All 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 exec,uted shall be deemed to be an original, and such counterparts 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, renewal, 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 shaIl complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and
that all subrecipients shaIl 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 as Agency) providing goods and services
to the Department should be aware of the foIlowing time frames. Upon receipt, the Department has five (5) working
days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies
otherwise. The Deparhnent has 20 days to deliver a request for payment (voucher) to the Department of Banking
and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services
are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods
and services, a separate interest penalty of 0.03333 percent per day will be due and payable, in addition to the
invoice amount to the AgenClJ. The interest penalty provision applies after a 35 day time period to health' care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Deparhnent.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely
payment(s) from the Department. The Vendor Ombudsman may be7:biWlcted at (904)488-2924 or by calling the
State Comptroller's Hotline, 1-800-848-3792.
10
February 1992
WPI NO. 68267 72
JOB .NO. 90000-3881
Agreement Date
-
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
BY:
TITLE:
Mayor/Chairman
AITEST: DANNY L. KOLHAGE, CLERK (SEAL)
TITLE:
ueputy Clerk
DATE:
DATE FUNDING APPROVED BY COlV.J'TROLLER
(SEE ATTACHED ENCl.Ilv.fBRANCE FORM)
AUG 1 0 1992
DISTRICT SECRETARY
OR
DIRECTOR OF PVJ\T?-lrNG AJllD PROGRA1",rS
A'ITEST:
(SEAL)
EXECUT~SECRETARY
OR NOTARY
11
[;;;:.J
------------------------------------------------------------------
------------------------------------------------------------------
ENCUMBRANCE INPUT FORM
------------------------------------------------------------------
------------------------------------------------------------------
RUSH (Needed by ___/___/___ (date))
Reason for RUSH :
Advertise (Letting Date) Award Renewal
---Letter of Authorization XXX-New --- Court Order Overrun
===-Supplemental ____Correction ___ Addition ___ Termination Agmt.
Contract # A9333 Contract Type 310 Method of Procurement G
Vendor Name: Monroe County Vendor ID VF 596-000-749=001
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes X No FedFunds-$ 0 State Funds-
$ 15,000 Local Funds-$~5~000
Beginning-date of this Agmt: 11f30/92 (Must be after fund approval)
Ending date of this Agmt: 06/30/96 (Estimate if necessary) .
Execution date of this Agmt: / / (Only on original agreements)
Has work been authorized to begin? -- -Yes X-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
*****************************************************************
Description: Airport funding and finance assessment, including
Facility Passenger Charges (PFC), study at Marathon Airport. DPTO
$ 15,000.
*****************************************************************
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
( 92-93)
*11 * 730050 * $ 15,000
(2095 )
* 90000-3881-50
(6826772 ) ( 010)
* 637
--------------------------------------------------------------
*
*
*
*
*
(
(
(
(
TOTAL AMOUNT *$ 15,000
*
----------------------------------------------------------------
Originator: Len Bivins Date: 08/07/92 Phone: SC452-5912
E-mail user-ID PT628LB
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5580 CATEGORY 088800-93
WORK ORDER BALANCE Authorized on 08/06/92=15,000.00
ALLOTMENT _Ab=489,500.00 YEAR 93 DATE CHECKED 08/10/92
FUNDS APPROVED BY Marsha Johnson DATE __08/10/92 -
WPI NO. 6826772
JOB NO. 90000-3881
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This forms and integral part of that certain Joint
Participation Agreement between the State of Florida, Department
of Transportation, and the County of Monroe dated
PROJECT LOCATION:
Key West International & Marathon Airports - Monroe County
PROJECT DESCRIPTION:
Airport funding and finance assessment, including
Passenger Facility Charges (PFC), Study.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in Paragraph 7.60 of the Agreement
shall include a schedule of project assistance that will reflect
the Department's contract number, WPI number, and JOB 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 from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
NONE
WPI NO.: 6826772
JOB NO.: 90000-3881
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:
6836772
$
30,000.00
TOTAL PROJECT COST:
$
30,000.00
II. FUND PARTICIPATION:
Federal Participation: (FAA)
Public Agency Participation: (LF)
Department Participation: (DPTO)
TOTAL PROJECT COST:
( 0.0%) $
(50.0%) $
(50.0%) $
$
0.00
15,000.00
15,000.00
30,000.00
III. ESTIMATED CASHFLOW OF STATE FUNDS ($ X 1000)
Fiscal Year 1st Qtr. 2nd Qtr. 3rd otr. 4th otr.
92/93 0 0 0 2
93/94 10 3 0 0
94/95 0 0 0 0
WPI NO.: 6826772
JOB NO.: 90000-3881
EXHIBIT "c"
REOUIRED 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
Two (2) Final Study Texts
Agency Certified