06/21/2006 New Terminal
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 23, 2006
TO:
Maria Ramos
Airport Business Administrator
FROM:
Pamela G. Hanco~
Deputy Clerk 0
At the June 21, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Joint Participation Agreement No. AOC81 between Monroe
County and the Florida Department of Transportation for funding the new Terminal Building at
the Key West International Airport.
Enclosed are three duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as
possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo document
File.!
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: DDR FLAIR Approp.: 088719
41637719401 Function: ...Q+;3 & :'l '7 FLAIR Obj.: 790007
( ilem-segmenl-phase-sequence ) Federal No.: Org. Code: 55062020628
--_._,----_._-_.._-~-
Contract No.: AOC81 DUNS No.: 155639339 Vendor No.: 596000749053
Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004
'it..
THIS AGREEMENT, made and entered into this )'7 day of
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by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and MONROE GOUNTY
3491 S. Roosevelt Boulevard, Key West, Florida 33040
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 06/30/201 0
and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
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 transportation system and is authorized
under 332.006(6)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
the construction of new terminal building at Key West International Airport.
JAGIP UPIN No. PFL0002388
and as further described in Exhibit(s) A, B, C, and 0 attached hereto and by this reference made a part
hereof, hereinafter referred to as 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.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practicai 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" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 31,186,901. . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 8,708,580. not to exceed 50 % of the total
project cost as detailed in Exhibit "B".
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) 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 0 is @ 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 Retalnage: Retainage 0 is @ is not applicable. If applicable, 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.
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: 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. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project,
in conformity with requirements established by Department's program guidelines/procedures and "Principles for State
and Local Governments", 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". Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three 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.
7.60 Audit Reports: The Agency shall comply with all audit and audit reporting requirements as specified
in Exhibit "0" attached hereto and by this reference made a part hereof this Agreement.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District VI Public Transportation Office 1000 N.W. 111th Avenue, Room 6114, Miami , FL,
33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Section 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices 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, F.S.
8.13 For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
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.
8.20 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 if:
(a)
(b)
(c)
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 or 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 expenditures 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): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
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.
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8.40 Payment Offset: If. after project completion. any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
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 Sections 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, the 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 or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) fumish 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, F.S. 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 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, construction or purchase of commodities 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 Section 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.
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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
Chapter 287, F.S.. Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, 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 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have 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.
12.40 The Agency agrees to report any grievances filed under this section to the Department within 30 days of
receipt by the Agency.
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 show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard 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: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tille VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII . Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 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 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 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 Agency 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.
13.60 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.
13.70 The Agency agrees to report any grievances filed under this section to the Department within 30 days of
receipt of the Agreement.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
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 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 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.
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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 49 CFR 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 49 CFR 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.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of ~s officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
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
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facil~, 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.
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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(6)(a), F.S., 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 is null and void, and no money may be paid on such
contract. 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 contained shall prevent the
making of contracts for periods exceeding 1 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 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
06/30/2010 . 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 or Designee . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
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 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 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 inftuencing or attempting to inftuence 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 inftuencing or
attempting to inftuence an officer or employee of any federal agency, a Member of Congress, an officer or empioyee 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.
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following 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 Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. 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 alter receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies alter 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 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
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. 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 be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
725-030-06
PUBLIC TRANSPORTATION
01100
Page 11 of11
Financial Project No.
Contract No. AOC81
41637719401
Agreement Date
~ I
~/~'1~~
! !
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY. FLORIDA
AGENCY NAME
CIlARLES
Mayor/Chairperson
TITLE
c
FOOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
PEDRO J
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FI989ND <MVS@DOT>
03/17/200604:28 PM
To PT628AG@do\.state.fl.us
ee
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Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AOC81
STATE OF FLORIDA DEPARTMENT OF TRANSFORTATION
FUNDS APPROVAL
Contract #AOC81 Contract Type: AG
Vendor Name: MONROE COUNTY BCC
Vendor ID: VF596000749053
Beginning date of this Agmt: 05/01/06
Ending date of this Agmt: 06/30/10
Method of Procurement: G
************************************************************************
Description:
Construction of New Terminal at Key West International Airpo
rt JACIP UPIN# PFL0002388
************************************************************************
ORG-CODE *EO
(FISCAL YEAR)
AMENDMENT ID
*OBJECT
* BUDGET
*SEQ.
*AMOUNT
ENTITY
*USER ASSIGNED
ID
*FIN PROJECT *FCT *CFDA
*CATEGORY/CAT YEAR
*ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL
Funds have been: APPROVED
55 062020628 *PT
2006
0001
*790007 *
*55100100
*00 *
200000.00 *41637719401
*088719/06
*0001/04
*637
*20.106
TOTAL AMOUNT:
*$
200,000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 03/17/2006
Q)
The job FI989NDR; user 1.0.
FI989ND <MVS@DOT>
03/17/200604:28 PM
To PT628AG@dot.state.fl.us
cc
bcc
Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AOC81
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AOC81 Contract Type: AG
Vendor Name: MONROE COUNTY BCC
Vendor ID: VF596000749053
Beginning date of this Agmt: 05/01/06
Ending date of this Agmt: 06/30/10
Method of Procurement: G
************************************************************************
Description:
Construction of New Terminal at Key West International Airpo
rt JACIP UPIN# PFL0002388
************************************************************************
ORG-CODE *EO
(FISCAL YEAR)
AMENDMENT ID
*OBJECT
*BUDGET
*SEQ.
* AMOUNT
ENTITY
*USER ASSIGNED
ID
*FIN PROJECT *FCT *CFDA
*CATEGORY/CAT YEAR
*ENC LINE(6Sl/STATUS
************************************************************************
Action:
Funds have been: REVIEWED*
55 062020628 *PT *790007 *
2010 55100100
A001 *02 *
*Funds Approval and encumbrance
Legislative appropriation.
~50Q017.00 *41637719401
088719 10
* /04
processing is contingent
*637 *20.106
upon Annual
Action:
Funds have been: REVIEWED*
55 062020628 *PT *790007 *
2009 55100100
A001 *01 *
*Funds Approval and encumbrance
Legislative appropriation.
4p58563.00 *41637719401
088719 09
* /04
processing is contingent
*637 *20.106
upon Annual
Action:
Funds have been: REVIEWED*
55 062020628 *PT *790007 *
2008 55100100
A001 *00 *
*Funds Approval and encumbrance
Legislative appropriation.
950000.00 *41637719401
088719 08
* /04
processing is contingent
*637 *20.106
upon Annual
------------------------------------------------------------------------
TOTAL AMOUNT:
*$
8,508,580.00 *
-------------------------------~----------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 03/17/2006
Item No.: 41637719401
Contract No.: AOC81
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agree
State of Florida, Department of Transportation and Monroe County, dated
etween the
'f;
PROJECT LOCATION:
Key West International Airport
PROJECT DESCRIPTION:
Construction of new terminal building at KWI.
JACIP UPIN No. PFLO0002388
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, Financial Project Number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: None
OTHER ITEMS
Approval of Plans and Specs does not imply that the Department has made a detailed engineering
review, as it is the responsibility of the Submitting Agency to provide its own detailed review for
accuracy of plans, specifications, reports and contract documents. Similarly, legal aspects of these
documents were not addressed as they are also considered the responsibility of the Submitting
Agency to ensure compliance with all applicable laws, statutes and ordinances.
The Agency must submit an invoice to the Department no later than One Hundred and Twenty (120)
days after the period of services covered by said invoice. Failure to submit invoices in a timely
manner may result in non-payment by the Department.
Agency shall submit quarterly progress reports on this project to the Department. Failure to submit
progress report may delay payment of invoices by the Department.
Approval of the properly submitted invoice by the Department must occur no later than five days
after receipt of the invoice.
Item No.: 41637719401
Contract No.: AOC81
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Flo da, Department of Transportation, and Monroe County, dated
JA?
I.
PROJECT COST:
$31,186,901.
TOTAL PROJECT COST:
$31,186,901.
II. FUND PARTICIPATION:
WITH FAA PARTICIPATION
Federal Participation: (FAA)
Public Agency Participation: (LF)
(%)
(%)
$ 6,900,000.
$ 15,578,321.
Department Participation: (DDRlDS)
(%)
$ 8,708,580.
SUBTOTAL =
WITHOUT FAA PARTICIPATION
$ 31,186,901.
Public Agency Participation: (LF)
(50%) $ 00
Department Participation: (DDRlDS)
(50%) $00
SUBTOT AL=$OO
"It is the intent of the Department to participate for a total Department share of $ 8,708,580.
Reimbursements will not exceed 50% of the total non-federal share of eligible project cost."
FINANCIAL PROJECT NO.41637719401
CONTRACT NO.: AOC81
EXHIBIT C
AVIATION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreemen
Department of Transportation and Monroe Count dated
en the State of Florida,
o
A. General
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used
as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect
to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the
Agency takes any action that is not consistent with these assurances, the full amount of this Agreement
will immediately become due and payable to the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in the
Agreement without the written approval of the Department, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the Agency. This shall be done in a manner acceptable to the Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering,
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport
zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions
Joint Participation Agreement (JPA) Exhibit C
Page 1
and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport.
The vicinity of the airport includes ali areas that wili be affected by normai aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted
change in locai land use regulations that would adversely affect the continued level of airport operations
by the creation or expansion of incompatible land use areas. The Agency assures that it wili provide the
Department with a copy of ali local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
5. Consistency with Local Plans: It wili take appropriate actions to have the current airport master plan
adopted into the local government comprehensive plan at the earliest feasible opportunity.
6. Airport Layout Plan:
a. It wili keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and ali proposed additions thereto, together with the
boundaries of ali offsite areas owned or controlled by the Agency for airport purposes and
proposed additions thereto;
(2) Location and nature of ali existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars, and roads), including ali
proposed extensions and reductions of existing airport facilities; and
(3) Location of ali existing and proposed non-aviation areas and of ali existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shali be
subject to the approval of the Department. The Agency will not make or permit any changes or
alterations in the airport or any of its facilities that are not in conformity with the airport layout plan
as approved by the Department and which might, in the opinion of the Department, adversely
affect the safety, utility, or efficiency of the airport.
7. Fee and Rental Structure: It wili maintain a fee and rental structure for the facilities and services at
the airport which will make the airport as self-sustaining as possible under the circumstances existing at
the particular airport taking into account such factors as the volume of traffic and economy of coliection. If
this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures
that the revenue will be at fair market value or higher.
8. Airport Revenue: That ali revenue generated by the airport will be expended for capital or operating
costs of the airport; the local airport system; or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantialiy related to the actual air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
9. Financial Plan: It wili develop and maintain a cost-feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial
plan shali be a part of the airport master plan. The financial plan shali realisticaliy assess project phasing
considering availability of state funding and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system. AIi project cost estimates contained in the financial plan
shali be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The
JACIP Online information shali be kept current as the financial plan is updated.
10. Operation & Maintenance: The airport and ali facilities which are necessary to serve the
aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicabie federai and state
Joint Participation Agreement (JPA) Exhibit C
Page 2
agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity
or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the Department. The Agency
will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when flooding or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
11. Economic Nondiscrimination: It will make the airport available as an airport for public use on
reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical
activities, including commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing,
or intending to provide, aeronautical services to the public.
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for
the airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this
Agreement within two years after the date of this Agreement or the Department of Transportation may
terminate this Agreement. The Agency may request a one-year extension of this two-year time period.
The District Secretary shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon which state funds have been expended,
for the duration of the terms, conditions, and assurances in the Agreement without approval by the
Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to
disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or
any part of this project if the specific consultants, contractors, or subcontractors have a record of poor
project performance with the Department. Further, the Agency assures that it will grant the Department
the right to disapprove the proposed project scope and cost of professional services.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with
approved modifications.
2. Reports: Furnish the Department with such periodic project and work activity reports as required.
3. Public Information: Make such material available for examination by the public. No material
prepared under this Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project
involves airport master planning or developing an airport layout plan. This includes:
Joint Participation Agreement (JPA) Exhibit C
Page 3
a. Providing copies, in electronic and editable format, of final project materials to the Department.
This includes computer-aided drafting (CAD) files of the airport layout plan.
b. Developing a cosHeasible financial plan, approved by the Department, to accomplish the
projects described in the airport master plan or depicted in the airport layout plan. The cost-
feasible financial plan shall realistically assess project phasing considering availability of state
and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system.
c. Entering all projects contained in the cosHeasible plan out to twenty years in the Joint
Automated Capital Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not constitute or imply any
assurance or commitment on the part of the Department to approve any pending or future application for
state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order
5100.37A; FAA Order 5050AA.; chapters 73 and 74, F.S., when property is acquired through
condemnation; and section 286.23, F.S.
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for
the acquisition of the land interests.
b. Securing written permission from the Department to execute each agreement with any third
party.
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
e. Collecting and disbursing federal, state, and local project funds.
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan
for land purchase according to Chapter 332, F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program
grant for the land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by
U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for
reimbursing the Department within 30 calendar days to achieve normal project federal, state,
and local funding shares as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve normal project state and local funding shares as described in Chapter 332,
F.S., within 30 calendar days after the loan matures.
Joint Participation Agreement (JPA) Exhibit C
Page 4
d. If federal funds are not received for the land purchase and the state funding share of the land
purchase is less than or equal to normal state and local funding shares as described in Chapter
332, F.S., when the loan matures, no reimbursement to the Department shall be required.
4. New Airports:
a. Protect the airport and related airspace by ensuring local government adoption of an airport
zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions
of Chapter 333, F.S., prior to the completion of the project.
b. Apply for federal and state funding to construct a paved runway, associated aircraft parking
apron, and connecting taxiway within one year of the date of land purchase.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses
the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment,
fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems,
including but not limited to flight operations, ground services, emergency services, terminal facilities,
maintenance, repair, or storage.
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that
a. Consultant and contractor selection comply with all applicable federal, state and local laws,
rules, regulations, and policies.
b. All design plans and specifications comply with federal, state, and professional standards and
applicable Federal Aviation Administration advisory circulars.
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications, and
schedules approved by the Department for the project. The Agency assures that it will allow the
Department to inspect the work. The Department may require cost and progress reporting by the
Agency.
3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction
of pavement at the airport, implement an effective airport pavement maintenance management program
Joint Participation Agreement (JPA) Exhibit C
Page 5
and the Agency assures that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another
unit of local government or are on property owned by a unit of local government other than the Agency,
enter into an agreement with that government. The agreement shall obligate the unit of local government
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the
agreement if there is substantial non-compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property,
enter into an agreement with the owner of that property to exclude future actions against the airport. The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Joint Participation Agreement (JPA) Exhibit C
Page 6
725-030-06
PUBLIC TRANSPORTATION
01/06
Page 1 015
EXHIBIT - "0"
PROJECT AUDIT REQUIREMENTS
Financial Project No. 41637719401
Contract No. AOC81
Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.
97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year from all sources
including Federal resources received from the Department, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMS Circular A-133. Federal resources awarded through the Department
by this Agreement are shown below. The determination of amounts of Federal awards expended shall be in accordance
with the guidelines established by OMS Circular A-133. An audit of the recipient conducted by the Auditor General in
accordance with the provisions OMS Circular A-133 will meet the requirements of this Section.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance from all state agencies and
nonstate entities equal to or in excess of $500,000 in any fiscal year of the recipient, the recipient must have a State single
or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, the applicable rules of the
Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General. State financial assistance awarded through the Department by this
Agreement are shown in Exhibit D. State financial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
725-030-06
PUBLIC TRANSPORTATION
01/06
Page2of5
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or
on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
FDOT Public Transportation Office
1000 NW 1111h Ave., Rm 6114
Miami, FL 33172
B. The number of copies required by Sections .320 (d){1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular
A-133.
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2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and
conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
FOOT Public Transportation Office
1000 NW l11th Ave., Rm 6114
Miami, FL 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
FOOT Public Transportation Office
1000 NW l11th Ave., Rm 6114
Miami, FL 33172
3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by oron behalf
of the recipient directly to each of the following:
A. The Department at each of the following addresses:
FOOT Public Transportation Office
1000 NW ll1th Ave., Rm 6114
Miami, FL 33172
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on
behalf of the recipient directly to:
A. The Department at each of the following addresses:
FOOT Public Transportation Office
1000 NW lll1h Ave., Rm 6114
Miami, FL 33172
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the
Agency in correspondence accompanying the reporting package.
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FEDERAL RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOllOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOllOWS:
STATE RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOllOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
MATCHING RESOURCES FOR STATE PROJECTS:
CSFA Number:
State Project Title:
55.004
AVIATION DEVELOPMENT GRANTS
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOllOWS:
For airport planning and improvement grants, the Department may provide up to 50
percent of the project funds for commercial service airports, and up to 80 percent for
general aviation airports, if federal funding is not available. The Department may
provide up to 50 percent of airport development funds to build on-airport revenue-
producing capital improvements at general aviation airports. The Department may
also provide interest-free loans for 75 percent of the cost of airport land purchases
for both commercial service and general aviation airports. These loans are to be
repaid to the normal Florida airport improvement program funding ratio when federal
funds become available or in 10 years, whichever comes first.
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Part V Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms
of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the
Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure
that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor
General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing
by the Department.
Part VI Other Requirements: If an audit discloses any significant audit findings relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
Part VII Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency
has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due
to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of
infrastructure such as airport runways the Department may waive or modify this section.