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Resolution 315-1991 /' .. RESOLUTION NO. 315 - 1991 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE JOINT PARTICIPATION AGREEMENT (JPA) FOR PASSENGER TERMINAL RENOVATION AND EXPANSION PROJECT WPIi6826675 AT KEY WEST INTERNATIONAL AIRPORT. 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 Passenger Terminal Renovation and Expansion Project WPIi6826675 at Key West International Airport, 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 18TH day of SEPTEMBER , 1991, A.D. on this MAYOR, Wilhelmina Harvey COMMISSIONER, Jack London COMMISSIONER, Douglas Jones COMMISSIONER, A. Earl Cheal COMMISSIONER, John Stormont Yes Yes Yes Yes Absent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~..J,,"~ :,.1..____~ ~ ~ (SEAL) Attest: DANNY L. KOLHAGE, Clerk BY'~~1 epu C erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY B~ _ ney's ffice Fonn 801-01 August 1991 ..~;;=~:;=6826675===========;::;=~===OlO==========s~~S=~~o;~==088800========== Function: 637 SAMAS Obj.: 730048 Job No: Federal No: Org. Code: 55062020628 Contract No: Vendor No.: VF596000749001 ============================================================================== 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 State of Florida, hereinafter called the Department, and rh~ C'rnmty of Mmroe 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 artilS of appropriate jurisdiction including the implementation of an integrated and balanced transportation system; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1000 Purpose of Agreement: The purpose of this Agreement is for passenger te:on;inal renovation and expansion at Key West International Airport. 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 conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1 Form 801-01 August 1991 2.00 Accomplishment of the Project: 2.10 General Requirel1t~ts: The Agency shall commence, and complete the project as described in Exhibit "A" with all practical 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 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 any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C". 3.00 Project Cost: The total estimated cost of the project is $ 1 ,470 t 000 . 00 . 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 $ 735,000.00 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: RetainageXJi) (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 Form 801-01 August 1991 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 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 approved 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 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 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 3 Form 801-01 August 1991 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. 7.60 Audit Reports: The Agency shall provide to the Department for each of its fiscal years for which 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 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 for financial and compliance audits and OMB Circulares A-128 or A-133. 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. 8.10 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. 602 South }1iami 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 Agency acquired the property, (2) a statement by the Agency certifying that the Agency has acquired said property and; (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 with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.12 Comply with all applicable provisions of this Agreement. 8.20 Tile 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: 4 Form 801-OJ August 1991 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 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 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. 9011 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the follawing: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to 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 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 5 Form 801-01 August 1991 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~ederal 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 ac-cess 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 AgenCtJ 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 COlltracts of the Agellcy: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner 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 perfonnance of contracts financed in whole or in part with Department funds under this Agreement. The MBE requirements 01'49 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 the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall 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 opportunity to compete for and perform contracts. 6 Form 801-01 August 1991 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 E11terprise (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 employee or applicant for employment because of race, age, creed, color, sex 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, 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 shaw the particular 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 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 seWng 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 former 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 employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the AgenC'f 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." 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 fixed or controlled by a Governmental agency. 13.40 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of 7 Form 801-01 August 1991 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 Ellvirolluzental Pollutioll: All Proposals, Plans, and Specifications for the acquisition, construction, reconstruction, improvemmt of facilities or equipment, shall be presented to the Department for review. In rendering such review, the Department shall determine whether such facility or equipment is designed and equipped to prevent and control environmental pollution. -. 14.20 Depart111ellt Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rigllts alld 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 Agreemellt 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 C011lmissioll: 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 Agreement violate any applicable State law, the Agency will at once notift} the Department in writing in order that appropriate changes and modifications may be made In} 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 facility 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 Form 801-01 August 1991 14.90 COlltractuall1tdemnity: 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 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 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 768.2-8 Florida Statutes or any similar provision of law. 15.00 Platts 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 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 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 performance and obligation to pay under this Agreement is contingent upon an annual appropriation by 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 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 Yellrs, 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 term for a period of more than one year." 18.00 Expiratioll of Agreement: The Agency agrees to complete the project on or before June 30, 1994 . 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 Form 801-01 August 1991 19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All words used in the plural fonn 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 executed 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 Federnl: 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 shall complete and submit Standard Form-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 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 providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. An agency 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 vendor. 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 vendor requests payment. Invoices which have to be returned to a vendor because of vendor 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 agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 10 Form 801.01 August 1991 WPI NO. 6826675 lOB NO. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY DATE FUNDING APPROVED BY COMPTROLLER (SEE AITACHED ENCUMBRANCE FORM) BY: TITLE: Mayor/Chairman ATTEST: (SEAL) APPROVED AS TO FORM, LEGALITY BY TITLE: Deputy Clerk AITORNEY DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY OR DIRECTOR OF PlANNING AND PROGRAMS APPROVED AS TO FORM AND LEGAL SUFFlt ~ ATTEST: (SEAL) EXEClITIVE SECRETARY OR NOTARY 11 WPI NO. 6826675 JOB NO. 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: Passenger terminal renovation and expansion. 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: NONE SPECIAL CONSIDERATIONS BY DEPARTMENT: NONE WPI NO.: 6826675 JOB NO.: 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: 6826675 $ 1,470,000.00 TOTAL PROJECT COST: $ 1,470,000.00 II. FUND PARTICIPATION: Federal Participation: (FAA) Public Agency Participation: (LF) Department Participation: (DPTO) TOTAL PROJECT COST: ( 0.0%) $ 0.00 (50.0%) $ 735,000.00 (50.0%) $ 735,000.00 $ 1,470,000.00 III. ESTIMATED CASHFLOW OF STATE FUNDS ($ X 1000) Fiscal Year 1st Otr. 2nd Otr. 3rd otr. 4th otr. 91/92 92/93 93/94 o o o 35 100 200 200 100 100 o o 0 WPI NO.: 6826675 JOB NO.: 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 Design Submittal Department Letter Construction/Procurement Department Letter MBE Compliance Safety Compliance Audit Reports Agency certified Agency Certified As Requested