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Resolution 219-1990 Community Services Division RESOLUTION NO. 219 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE JOINT PARTICIPATION AGREEMENT (JPA) TERMINATION FOR THE TERMINAL RENOVATION PROJECT WPI#6826607 AT THE KEY WEST INTERNATIONAL AIRPORT BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby authorizes the Mayor to approve the Joint Participation Agreement (JPA) Termination for the terminal renovation project WPI#6826607 at the Key West International Airport, between Monroe County and the Florida Dept. of Transportation, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this ~ day of ~rt:.A , 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF 0Jl~ By Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~1/~~ APPROVED AS TO FORM AND ~L.I S SYF FFF:ICIENCY. By ) ~ LiL--- Attorney's Office C "l\:t 0:' ~ C' ( ("I') L. a.. r "r J: ....... c L,', 8: r' c:::: ';c:;, ........, Li..- -0:.: -.J ~ . :z:: .. C> lL. '-.. ~ 1 ';~ '1 t ~ ~ 't WPI NO: 6826607 JOB NO: 90000-3839 ,~ 3 · ~ '.' ~, JOINT PARTICIPATION AGREEMENT TERMINATION ~: , l ~ -< .> " ;i j I This Agreement, made and entered into this , 19 ; by and between the state of Department of Transportation, an agency of the State hereinafter called the Department, and the County of hereinafter called the Agency. day of Florida, of Florida, Monroe, WITNESSETH Whereas, the parties have determined that the performance of the Joint Participation Agreement entered into between the parties on June 4, 1984, in connection with the project: Construct Landside Terminal Facilities-Expansion and Renovation at Key West International Airport is not in their best interests. NOW, THEREFORE, in consideration of the premises, it is agreed that the above described agreement is terminated and each party relieves the other of any obligations. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY DEPARTMENT BY: APPROVED AS TO FORM AND LEGALITY TITLE: ATTORNEY, DISTRICT SIX DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) TITLE: DIRECTOR, PLANNING AND PROGRAMS DISTRICT SIX ATTEST: (SEAL) EXECUTIVE SECRETARY OR NOTARY BY -'. '1,,~7 ,-..: ~r.:. ..,,~~~J~ . .J>'. .~;~~... .' ~.;- ;~ .d'. .,.".,.' ~ _._::.1 ~'::;I~~",~~;":~'V~~'_. .,~. ."../.... ,'rt"L..;;.;. _......:o..._..............~__...._ .. , : .:. ~". ::' i':.' ..... oo.,.~......., .".,' 'oo .'. _'. ~;,' ~...~.,:..: .:." . . ":,,,...;;.' "_:". .....'-.._.. r_._....... ........ '.. .... ..... oo.oo,_' . .........'._..:.__~......____..._ \-. .'...'... ' ' '", .'.' .':.~' : I . . WPI NO.f\R?f\f\n7 Function 637 ~pproprlulon OEJ'IPS-3 ObJ. Code +cm..i9005o Fed. ~Id No. 3-12-0037-02 Fund 010 Cost Cu. No. 628 Vendor No. V60~~€)08 Contract No. ~'j~3/(.9$oJ~ USE'" VPS"9fooo 7Af900S 17/t,9Lf Job No.gOOOO-3839 ST~TE OF FlORID,6 D~.P"RTterr OF lR;6NSfORT~TION DIVISla-.I a NBlIe TR,6NSPORT~Tla-.I OPE~TIONS JOINT P.aRTlCI P,6T1Q1f JoGREEftENT THIS ~GREE~ made and entired Into this ~;I~ day of , "~.:::)(/.-vt!!f' .,. 19S'f1, by and between the ST,6TE a FLORID,6 DEP.aRTMENT a TR.aNSAJRT,6TIQlfr an agency of th! State of Florl~a, hereinafter ~alled the Department, and Monroe County hereinafter called the Publ Ie .agency. WIT N E SSE T H: .. WHERE.aS, the Public .agency has the authority to enter Into said .agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately In all areas of appropriate Jurisdiction including the Implementation of an Integrated and balanced transportati~n system; tvN, THEREFOREy' In cons Iderat Ion of the mutual convenants,. promises and representations hereln7 the parties agree as fol lows: 1.00 The purpose of this .agreement Is to provide for the under- taking of an Aviation project to: Construct landside Tel~m;nal Facilities-Expansion and Renovation 'C--.-, ---~ / ,--"'- ..~ ~ ~..:..-- . / and described in Exhlb'ts(s)A+R ~ttached hereto and by this reference made I part hereof~ hereinafter called the Projeci? and to provide departmental financial assistance to the Public .agency and state the terms and conditions upon which such astlstance will be provided and the understandings as to the manner In which the Prolect will be undertaken and completed. '-:... 1 Form Rev 7/15 /83 ~.,..... .. -.. . ,~ ..' ..' ~ "T~ ~ . :,:-..:. .....t', ;..;~7~~:: .. ....-,', "~....... . .~.. . ~i.. .....".. ',~. : )~:.: ;.." .. ~ ::::\<'~:2~~'" . ..... . . , ":::'~.'~ :,:~ ,,(,,- :.)':" ~." ':,: :,.:;,~:~;:;:;~~~~:,- ':., " " . .' . ....,~ .....P't.~~"'.~. '. :.':';::-'~}~ ;:>~~~~~:::,..... . . .~ . . . ,,".. ' ,-"- -." . ..........'...:. .,:.,....-:. . . : . 2.00 ~ccompllshment of the ProJect. 2.10 General Requirements. The Public ~Iency shall commencey c omp I It e the Pr 0 J ec t as de sc rib C'd I n Ex h I bit ( s) I ~ I wit h a I I p ra c t 1_ cable dispatch,. In a sound~ economlca'r and efficient mannery and In accordance with the provisions hereof, and all applicable laws. 2.20 Pursuant to Federalr Statey and Local Law. In the event that any electlony referendum,. approval,. permit,. notlcey or other proceeding or authorization Is requisite under applicable law to enable the Publ Ie ~Iency to enter Into this ~greement or to undertake the Project hereundery or to observe~ tsswne or carry out any of the pro- vislon.s of the ~greement.,. the Public ~Iency will InltlUe-and con- sumnue.,. u' provided by lawy all actions necesury with respect to any such matters so requisite. 2.30 Funds of the Public ~gency. The Public ~gency shall Initiate and prosecute to completion all proceedings necessary In- cluding federal aid requirements to enable the Publ Ic ~Iency to provide the necessary funds for completion of the Project. 2.40 Submfss,lon of Proceedlngsy Contracts and Other Documents. The Public ~gency shall submit to the Department such data.,. reports,. recordsy contracts and other documents relating to the Project as the Dep~rtment may require. 3.00 ProJect Cost. The estimated total cost of the Project Is $285,864.00 This amount Is based upon the estimate summarized In Exhibit 1-1L . and by this reference made a part hereof. The Publ Ie ~gency agrees to bear a II expenses In excess of the est Imated total ,cost of the ProJ ect and any deficits Involved. 4.00 Department Participation. The Department agrees to a maximum partiCipation In the Project In the vnount of $47,644.00 (Including ~ontlngencles) as detailed in Exhibit I-B... IT or In an amount equal to the percentages(s) of total project cost shown In Exhibit nlL- .y whichever Is less. 5.00 'Front End Funding. '--:-.,.. Front end funding (is) (1(t(X<<<<<<) applicable. If appllcabley the Department shall Initially pay 100" of the total allowable project costs up to an amount equal to Its total share of p~rtlclpatlon as shown In paragraph (4.00). 2 Form Rev 7/15/83 " ; ".'", ~.....\ ~'.. ~ ...\';'-~..;/'. ,.....: ~ ." '~:.. '.~ ~ ' :": "~ ~ ~1:=:. ~~~:.:~~~ ~~~:jI ~~::~.. .,~ ,:. ','~ '.~ ~:: ~'~'.': ~~~~ ~~.:r. :: ~ , , ' , :- :.,..,'..:.: "I',:: "J.:;:..,..'..:':r..~,..:,.:..>,.. , , 5.10 Retalnage. Retalnale (>>>>>0 (Is not) applicable. If applicable, ten percent of the Department's total sh.re of parllclpallon ~s shown 'n paralraph (4.00) Is 10 be beld In IllalD&'1 to bl d'sbursldr al the Deparbnent's discretion, on or before the completion of the final project audit by the Departmenl. 6.00 Prolect Budget and Disbursement Schedule 6.10 The Project Budget. Prior to the execution of this alreoment a proj ect budset shall be prepared by the Public ,Acency and approved by tho Depar tment comptro II e~. The Public ,Agency shal I maintain said budgetr carry out the project and shall Incur oblllatlons against and make disbursements of project funds only In conformity with the latest approved budset for the Project. The budget may-bo'.revlsed periodlcally~ but no budget or revision thereof shall be effective unless and unt II the Department shall have approved the same. 6.20 Schedule of Disbursements. The Public ,Agency shall provide the Department with a tlme-phued sched!-,Ie 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 In accordance with Department fiscal pol Icy. The schedule may be divided by project phase where such division Is determined to be appropriate by the Department. This schedule shall be update~ each quarter based on a July throulh June fiscal year and forwarded to the Depart~ent District Office so as to be received by the first day of the quarter. Changes to the schedule Involving twenty-f)ve (25) percent or more of the Department's share of the project costs shall be Immediately reported by submission of a supplemental schedule. Failure by the Public ,Agency to provide these schedules shall be considered default and treated In accordance with Paragraph 8.25. 7.00 ,Accounting Records. 7.10 ~stabl Ishment and ~Intenance of ,Accounting Records. The Public ,Agency shall establish for the Project, in conf('~mit\' with uniform requirements established by the Department to tacil itate the administration of the financing program, separate aCC(\unB to be maintained within Its existing accounting system or set up indepen- dently. Such accounts are referred to herein collectively as the ftproject ,Accountft. The Project ,Account shall be made available upon request by the Department any time during the period of the ,Agreement and for three yeuI after f'nal payment Is made. ...:~ 7.20 funds Recehed or Made ,Anllable for the Project. The Public ,Agency shall appropriately record In the Project ,Account, and deposl t In a bank or trust company wh Ich Is a member of the Federal Deposit Insurance Corporation, all pa~ents received ~y 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' 3 '. '-' '." , , " , .I~ ":~:- '.. ' . ..::: ......;:. -!'- ~~<., ',~i;7~ir€~ff~':"::;:~~~.r:;:;~'7;~gZi.;: . . . . . ';',:~~;'?E~;~~t~ '." ~,'.;~. ,:.~.. . ..... . ". I' " ....... .. ';-.....,..;, .~.:...;"" ;...:.:...... ...... , ,'>:::~~.]#;~~,::>~..."..;..~~<~ ~;: :~'~':' ';':" .:;." .' . ..'. ...... < ... . ~l :.' .t--'. '.1... .' ~ - .;..: .' Department paYments and other funds are herein c;oll.ct hely referred to IS nprojccl F~~~s~. Tht Publ', Agencv shall requIre depos'tor'es of Project'Fund, to secure cont'nuousl, ~nd fully all proJ.ct fands In ~_(;ess of the ~ounts Insured under Federal plans? or under State plans which hive been approved for the desposlt of project funds by the DeplrtmontT by the deposit or setting asldo of collltorll of the types Ind 'n tho ~nner as prescrIbed by Stato Jaw for the secuTlty of public funds; or IS approved by the Department. 7.30 Costs Incurred for the ProJoct. The Public Alency shill chlrge to the Project Account all eligible costs of the Project. Costs In e_coss of the latest approved ~udget or Ittrlbutlble to.lctlons whlch_ haye not receIved the required approval of the Dep'lrtment shll' not bo con~'dered ellllb'e costs. 7.40 Doc:umentu Ion of Pro J eCI Cost s. . A.I cost 5 chuged tQ the Project,. Including any approved services contributed by the Public Agency or othersT shall be supported by properly executed payrolls., t'me. records" 'nvolces, contracts., or Vouchers evidencing In pro'per deUl1 the nUure and propriety of the charges. 7.50 Checks, Orders., Ind Vouchers. Any check or order drlwn by the Public: Agency with respect to any Item which Is or will be. chargeable against the Project Account will be drlwn only In accordance wl)h a properly signed voucher then on file 'n the office of the Public Agency stating In proper deulI the purpose for which such check or, order Is dra*n. All checks, payrolls., Involcesy contracts., vouchersy orders~ or other accounting documents pertaining In whole or In' plrt to the Project shall be c;learly Identified., readily accessible? andy tot h e ex ten t f e a sib Ie, k e p t so p ar U e a nd a pitt f r an al' 0 the r s u c h doclments. 7.60 Audit Reports. At the request of the Department, the Public Agency, ~hal' provide for each of Its ffsCI' yeaTS for. which the Project Account remains open? an audit report prepared either by 'ts off'c'al auditor or audit agency or an independent certified public Iccountant? reflect Ing 'n detal I the use of the funds of th( Dtpilr tment? the Public Agency" and those frun any other Sour ce wi th res pe ct to the ProJ ect. ~.JO Requlsltluns and Pilyments. . 8.10 PrelimInary Action by the Public Agency. In order to obtlln uy Dep~rtmeot 'ullds,lhe Public Agency. stul': ...:... g.ll File with the Department of Transportatlony District SiA" Miami , Florida, Its requisition on.form or forms pre- scr'bed by the Department? and ~uch other, data pertaining to the ProJec~ AC~PJnt(as de!lned In Section 7.10 hereof) and the Project AS tlad. Dt:!lan'Mot /1,a~ rrqulr"., tu justify and support th'e payment req"ls1tlor.:., !ncludlng ('1) the dUe the Public: Agency acquired theproper~i',. {2j a statement l"j' the Public Agencv certi- fying it/a: :he P',h!1, ,t\gen..y has acqulrc:d said property and (3) 4 '- ~ .' '.. ~ Pi-:- . .~~~\ ..~~~~ " ,'~. ..' :>'''. :, ...~,~;..\..i.~....., ,~:..~, ::,.,~,',;.'.~~;,'.' !: . .~.~.-.':':::"_"'-"I~.~.'.'-~.'~,:;":_:'.:'-.~:,,'~'l'~;'::',,'_..~.,.:~~~.':,'.:., ,..., ,:,:"~,-;',:".':,"',,,."~.,..'.; ~~':',i',.'\,'_,:~",,:~,~, ;r"'..,'~"_'.~:"',:..:,,,,,:: ~.",. ",:",:. .,',.~...,.',:'"' ."..,':.,.,. .". , ..... .. _ ,.-: _ ..,.. _ _ _ , n"'~ _ _ ~., ;~;.,:~,;:~~..,.: .,;.:~~::'.~~;:.;~~.~:;;:;:'2:~.::::;L;~. , : :'.ft~ If the requisition covers the acquisition of real propertYT a stat~ent slcned by the Public Agency Ittorney:certlfylnC that the Public Alency has acquired said real property; and 8.12 Agreement. Comp Iy wi th all ~pp II cab Ie prov I s Ions of th I s 1.20 The Department's Obllllllons. Subject to other provisions hereofy the Department will honor such requisitions In ~ounts and at times deomed by the Department to be proper to Insure the carrylnc out of the Project and pa~ent of the ellglblc CoSIS. Howeve~~ notwith- standing any other provision of this' Agreem~nt, the Department may elect by notice In writing not to make a payment on Project Account If: 8.21 Misrepresentation. The Publ Ie Agency shall have made misrepresentation of a material nature In Its application,. or any supplement thereto or amendment thereof T or In or wi th rupect 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 Publ Ie Agency of any of Its duties or obi Igatlons which may jeopardize or adversely affect the Project. the Agreement~ or payments to the Project. 8.23 Concurrence by Department. The Public Agency'shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Department or shall have proceeded to make related expenditure or Incur related obi igatlons without having been advised by the Department that the s~e are satisfactory. 8.24 Confl let of Interests. There has been any violation of the conflict of interest provisions contained herein. 8.25 Dehult. any of the provisions d The Publ ic Agency shall be In dehult under t r.c t.~ r e ement. 8.30 Dlsanowec C('!ts. In determining the amount of the financing payment, IIH [ltf..;.rtment will exclude all project costs In- curred by the Publ ie Atency prior to the effective date of this Agreement or prior to the date of a Letter of No Prejudlcer costs In- curred by the Publ ic Agency which are not provided for In the latest approved budget for the Projcctr and costs attributable to goods or services recel~ed under a cont1.acl or other ~rranlements which have not been approved In wrlt'ng by t,heDepartment. Al.eUer of No?reludlce provided to the Publ Ie Agency by the Department may provide that expen-' dltures related to the project may be recognized fran the date of said Letter as part of the total Project prior tOT and Subject to? the effective date of the Joint Participation Agreement. ~:.. 9.00 Termination or Suspension of Project. 9.10 Termination or Suspension Generally. If the Public Agency abandons or, before completlonT finally discontinues the Project; or 5 . " ::..... ',. " .-;;00 ':':" ,:. '~:,-;~\ . .'- . .,i', 'f .~:.., '",. . !.",:fi:'. ..... -..- ~~.. -: .... . .. . ' -. .. . ~ . .- . . . ,. . .. t' .:-;... - .....1....... ..~~......~.. .... .:.::.',,:......1-~!...... ~i~'" ~ "#'; .t... ': ~_-:..~....#".._... .'t,..:.,........:' _ ~~....~........~..._..~. '.,. ,...,. . .,"'!:..........':'!".:~ ....... '.. ,r,'"':t~~",...\~"",;*"", "'"'~w:-.r."':...:.'~...f......,.~..~,~....'+!'!'.: ....o'... " '. .J~...,....."...~. "..:or-....."...':~.A::g~~I~"'-.,.......: .~\;:.pr(r";....[~.J'""..-,:,U~t"oI: .'.i1........'9"'j\~... ",:> ::'::~:::",~::.:> .':~~:' ...), :t~.,~...~..~. ,. ,::L~i~~\>~>,. .:,~:;::.~~.~, ::'.,~:;;. ~~\; :":,;'~' :',:..; j::il::~":";; ".:', :{?)r:.>'.~iK , , ,:".:\,<'.!i,~.~~:' ,:.O""''''''~'' ':;'.';.:;'::..', ' .":. :~~:~'''>' . .. .._....~ " If, by reason of any of the ovents or condItions set forth In para- .r~phJ 8.21 to 8.2~ incl~slve.,. of Section 8.20 hereof. or for any other rc~son.,. the conmencemcnty prosecution.,. or tlmoly completion of the Project by the Public Aleney Is rondered Improbable, Inf.aslble~ l~posslbleF or lllelal.,. the Department may. by written notice to the Public Aleney, suspend any or all of Its obll.at Ions under this Alreemont until such tl~ as the .~.nt or condition rClult'nl In such suspension has ceased or been corrected~ or the Department may terml- n~~e Iny or all of Its oblllatlons under this Alreement. 9.20 Actlon'Subsequent to Notice of Termination of SuspenSion. Upon receipt of any final termination notice under this Section.,. the Publ,lc Alency sh~11 proceed promptly to carry out tho a~t 10,nsrequlred therein which m~y Include ~ny or all of tho followlnl: (1) necessary ~ction to terminate or suspend, as the case m~y bo.,. project actlyltl.s ~nd contracts and such other action as may be,requlred or desirable to keep to the minimum the costs upon the basis of which the flnanclnl Is to be computed; (2) furnish a statement of the project activities and contracts~ ~nd other undert~klngs the cost of which are otherwise In- cludable at project COStsi and (3) remit to the Department such portio" of th~ fln~ncln& and ~ny advance pa~ent previously received by the Department to be due under the provisions of the Agreement. The closing out sh~1I be carried out In conformity with the IUeU schedule~ pl~n, ~nd budget as approved by the Department or upon the basis of terms and conditions Imposed by the Department upon the failure of the Public Agency to furnish the scheduley plan? Ind budget within ~ reasonable time. The acceptance of a remltt~nce by the Public Alency or the closing out of Federal flnancl~1 partlclpulon In the Prolect sh~11 not constitute a waiver of any claim which the Dep~rtment may otherwl se, h1Ye u Ising out of th I s Agreement ~ 10.00 RemIssion of Project Account Upon Completion of ProJect. ~on c~plellon of the Project, aad after pa~ent, provision for pa~ent~ or reimbursernen: of all Project costs p~yable fran the Project Account Is made,. the Put.1 i~ ,~.&eocy shall remit to the Department ~ny unexpended balance ir :;': ~i:itct Account less Its proportionate share thereof. 1~.00 Audit ,100 I~Sptction. The Public Aceney. shall p.rmltT and shall "equlro Its cpntractors .topennfl, the ~partmenl'J.;aulhorhed rcprosentuhe5 10 Inspect all . work, materials.,. payrollsT .records; and to audit the boolcsT records and accounts of'the Publ Ie Agencyy pertalnlns to the financing ~nd develop- ment of the Project. ,-;... . 12.00 Cont!~cts of the Public Agency. 12.10 T"'rd Party Agreement<. Except U otherwlso authorlzed,tn wr It Ing by th~ Dr.J:art~"t:it r the P",l;llc Agency $hall nO,t c.xecuto any conUa.::t or Ci(..II..te It ;elf In ar.J'miloner rct:ulr'ng .the disbursement of Dep~rtment J~I~l partlcl~~l len f~~~s~ Including consultant or construc- tion contr~ct~r with ~ny third pe:~on with respect to the, ProJect 6 . ..~ ~: ":;'.oi: ..'.,.: .~.."..\:...;',,~~.{_'" .' ,:~.."'~ '.f~""~.' ..,..,...;;.~..,,~.4..:..~.~......:.i":,~w....4...~.:.~~. ~..,.c...:.,; ....,....~;~...~ ........:....:",&.,._..'.4~J_...:'~,.._~~.~""~'_.. -,~y}~'~. ~~~~- . , :~:~\, . ,~:.~h -"-"'" . .', ,.....~~.':-\-':".,. .,,'._"',.....,......".....' .....--.. '~ .~:~;::'- ..'... ..........;:~-:~':.:':.: ....~..~'.";.~.::~:~.'... ~;.;..: ." . t' . t" without the prior written concurrence of the Department. The Department specifically reserves unto its.lf the ri9ht to review the qualifications of any consultant or contractor and to approve or diaapprove the employ.ent of the same. 12.20 Compliance with Consultants' Competitive Neqotlation Act. It is understood and agre~ by the partie. hereto that participation by the Department in a project with a Public A9.ncy, where ..14 proje~ involves a consultant contract for engine.rin9, architecture or aurvey in9 services, is contingent on the Public Agency complying in full vith provisions of Section 287.055, Flo~ida Statutes, Consultants' Competitive Negotiation Act. It is further a9reed that the public Agency shall request the .ssistance of the' Department in the s.lection of consultants, and that the Department will lnform the Public Agency. of the Department's level of participation in selecting con.ultants. 13.00 Restrictions. Prohibitions. Controls and Labor Provisions. 13.10 Equal Employment Opportunity~ In connection with tbe carrying out of any project, the Public Agency shall not discriminate against any employee or .pplicant for employment because of race, age creed, color, sex or national origin. The public Agency will take affirmative action to insure that applicants are employed, a~ that employees are ueated durinl] employment, without regard to their race, age, creed, color, sex, or natio~al ori9in. Such action shall include, but , not be limited to, the followingJ DDployment upgrading, delDOtion, or transferl recruitment or recruitment advertisingl layoff or termi- nation. rates of payor other forms of compensationl and selection for . training, including apprenticeship. The Public Agency shall insert the foregoing provision modified only to show the particular contractual relationship in All its contracts in connection with the de!elopment of operation of the Project, except contracts for standard commgrical 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 ~aterials.When the Project in- yolves- installation, construction, demolition, removal, site improve- ~.nt, or similar work, the Public ~ency 6hall post, in c:or.spic:uous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the pro- visions of the nondiscrimination clause. 13.20 Title VI - Civil Riqhts Act of 1964. The Public Agency vill comply with all the requirements imposed by Title VI of the Civil Ri9hts Act ~ 1964 (78 Statute 252), the Regulations of the Vederal Departlllent of ~usportation issued thereunder. 4Qd the ~.urance by the Public Agency pursuant thereto. ...:.. t3.30 Prohibited Interests. Neither the Public Agency nor any of its contractors or. their subcontractors shall enter 'into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included. in the project, in which any member, officer, or employee of the Public Agency or the locality during his tenure or for one year thereatter haa any interest, direct or indirect. If any such present or former ..mber, officer, or 7 " . .~, . ~. ~. ::." , , .\~ . .:.J . .'~ .. ., ;- . . .. ~ . . .,'': . " i~f:~~~~~';~~~~+:3::r'~;';:~~::~';'f~;~~~:'i/ :;:.: 17~:: . .... :~ . '.':~ .~~~~, :;~':';>:>:; :'.\,; ~:.:./:;;"~ ;~~~~~~:;;~\;~~.. .... .;.. .... ...... .....". . : :'....:~.~L.t._ti~~.:..;.:.. ?:.~.:~..:~.~.. :~~f/f~~7~~~~f~~';~. '..~_......._r~:?'_J:_.._~ :.' ....: - "" - ..... . > ~--\-: .... .:..: :~ - t... .."'..c..,.:.... " . . .~ployee involuntarily acquires or had acquired prior to the beginning of his tenure any such Interest, and if .uch interest i. i~ediately disclosed to the Pablic AeJency, the Public Agency with the prior approval of the Department, ..,y wAive the probibition contained in this subsection I Provided, that any such present ..GIber, officer or 4!ID- ployae shall not participate 'in any action by the Public Aqency or the locality relating to such cont:act, subcontract, or arrangement. The Public Aqency shall insert in all contracts entered into in, connection with the ~roject or any property included or planned to be included in any Project, and shall require its contractors to ins~rt in .ach of their._lsubcontracts, the following provisionl ~ .. -No ~ember, officer, or employee of the Public ~ency or of th~ locality during his tenu~~ or for one y__ar thereafter shall have any interest, direct or indirect, 1n this contract or th~ proceeds thereof~. The provisions of this subsection shall not be applicable to any agreement between the Public Agency and lt~ fiscal depositories, or to any agreement for utility services the rat~8 for which are fixed or controlled by a Governmental agency. 13.40 Interest of Me~ers ~f, or Deleqates to. Conaress. No ~ember or delegate to the Congress of the United States shall b8 admitted to any share or part of the Aqreement or any benefit arising .therefro~. 14.00 Miscellaneous Provisions. 14.10 Environmental Pollution. All Proposals, Plans ~nd Speci- fications tor the acquisition, construction, reconstruction, improve- ~ent of facilities or equipment, shall be presented to.the Depart~ent for app:oval. In rendering such approval, the Department shall take into consideration whether such facilities or equipment 1s designed and equipped to prevent and control environmental pollution. .14.20 Department Not Obliaated to Third Parties. The D~partment shall not be obligated or 1ia91e hereunde: to any party other than the Public Agency. 14.30 When Riahts and Remedies Not Waived. In no event &hall the ~king by the Department of any payment to the Public Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default vhich may then ~ist on t~ ',.n. of the PubUc Agency, . and. the makiDg of lIDY such' ~ by' ~e .Department whi 1. any such breach or default'shall exist' shall in no way impair or prejudice any right or remedy available to the Depart~ent in respect of such breach or default. . . .. :.. . 14.40 'Row Contract Affected by'Provisions Beinq Held Invalid. If any provision of this Agreement is held invalid, the remainder of this Agreement shall npt be affected thereby if such remainder would then 8 r. :-~;~~.' ";":~':' :.~t: :' ...... . ',;--'~~",: ......P;. .<-.t~.: .",:~'~: .i~~:'~>'" _:'::.;~~;,:::,: - - ,.~ '.i":.:~L~.~~:.'....~:'~::.~~;: ......'~.~.._:.:.~:.. ::.: '.:'~'-':~:':...'::;- '\ -~7~';"'~';:' .'. . .: ':;." . ..~.~ ~.~'. . r\ .:. . : ':~.,~ . . :., .~ ",;..' ~ .. .,.,.. continue to conform.to the terms and requirements of applicable law. l~.SO Bonus or Commission. By execution of the A,reement the Public Aaency represents that It has not paid and? allOy asreel noC to pay" any bonus or comolulon for the purpose of obUlnlna an approval of Its application for the flnanclna hereunder. 14.60 State or Territorial law. Nothlna In the Acreem.nt Ihall require the Public Agency to observe or. enforce compliance with any provision thereof, perform any other act or do any other thing In contravention of any applicable Stat~ law: 'rovlded? that If any of the provisions of the Agreement violate any applicable State laW.,. the Public Agency will at once notify the Department In writing In order that appropriate chanles and modifications may be made by the Department and the Public Alency to the end that the Public Agency may proceed as soon as possible with the Project. 14.70 Use and ~Intenance of Project Facilities and Equipment. The Publ Ie Agency agrees that the project facilities and equipment will be used by the Public Agency to provide or support public trans- portation for the period of the useful life of such facilities and . equipment IS determined In accordance with general accounting standards and approved by the Department. The_Publ Ie Agency further agrees to maintain the project facll Itl~s and equipment In good working order for the u se f u I I I f e 0 f sa I d fa c i lit I es 0 r e qui pme n t . 14.80 Disposal Of Project Faclltles or Equipment. If the Public Agency disposes of any Project facility or equipment during Its useful I I to for any pur po see xc e p tit s r e p I a c eme n t wi t h II k e fa c II I t Y or equipment for public transportation use..,. the Public Agency wJH comply with the terms of Office of Management and Budget Circular A-l02,. Attachment N, relating to property management standards.. The Public' Agency agrees to remit to the Department a proportlon-:-al amount of the proceeds~from the disposal of the facility or equlpment~ Said pro- por t lona I amount sha II be de 1 ermi ned on the bas I s of the nt 10 of the Department finan,ln~ ,! n,! facility or equipment as provided In this Agreement. 15.00 Plans and Sperificatlons. In the event that this contract Involves the purchasing of capital equipment or the constructing and equipping of hcllltles., the Public Agency sh~JI submit to the Department for review all appropriate plans and ,peclfic.tJons cov.rina the Project. Ttie Dcp.rtmeAtwill ~ewl.w ~II plans and specifications and will Issue to the Public Agency writ- ten concurrence with any ~pproved portions of the Project and comments or recommendations concerning any remainder of the rroject deemed ~ppropriate. After resolution of these c~ents and recommendations to the Department's satisfaction? the Department will Issue to the Public Agency written concurrence with said remainder of the Project. Failure to obtain this written concurrence shall be sufficient cause for non- pa~ent by the Department as provided In Paragraph 8.23. ...:.. 9 ......-.. ',1 :.... ..... . ," .. ;~f.7~;f:H~7.~:::~~,:,7i:""" "', :,::,:,;2~;~:;"+;;::;"';'j,;s;~:~:~?':;fr\;";;:"\~:~r]~~~~:~'f,:t~:':f";:f::"', , , . '. 16.00 Department Credit Plaques. Credit plaques Indlcatln. the Department's participation In the 'r.oJen will be Installed on uch maJor It.m of equipment and facility constructed under D.part~nt flnanclnl. The Publ Ie A.ency will co- ordlnat. with the Department's District Office on the d.slln and Insuilulon of these Credit Plaques. The Depart~nt may" at hs optlon~ provld. said Cr.dlt Pllqu.s for Instillation by the Public Agency. 17.00 MUltl-Vear Commitment. In the IV'ent this contract Is In excess of $25,000 or has a term for a period of more than one year, the provisions of Chapter 334.21 (8) (a).,. Florida Statutes? 'are' hereby Incorporated: .(a) The Department shall not.. durlnl any fiscal year.,. expend money.,. Incur any I lability.,. or, enter Into any contract Which., by Its terms Involves the expenditure of money In excess of the ~ounts budgeted as available for expenditure durin. such fiscal year. Any contract? verbal or written, made In violation of this subsection shall be null and voldT and no money shall be paid thereon. The Department shall require a statanent from the comptroller of the Depar'tment that funds are available prior to enterlnl Into any such contract or other binding cQmmltment of funds. NOthing herein shall prevent the making of contracts for a period exceeding on~ 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 succeedlns flsc~1 years,. and this paragraph shall be Incorporated verbatim In all contra~ts of the Department in excess of twenty-five thousand dollars and haYlnl a term for a per lod of more than one year.. ' 18.00 Expiration of Contract. .' . . The establishment of a time period for completion of the ProJect ~tx9Q (Is not) applicable. If applicable, the Public Agency agrlOS to complete the Frci~'t within from the date first shown In this contract. If lhe Public Agency does not complete the ProJect within this time period, this contract will expire unless an.extonslon of the time period i~ granted to the Public Agency In wrltlns by the Department's Director of Public Transportation Operations. 'Expiration of this contract wil'. be considered termination of the ProJect and the proudurc estabJJshed In P:a~:a&.uph 9.00 of Ibis .c;oatracl.JhaJl be Initiated. .. ;. 19.00 Agreement Format. . All words used herein In the slnsular form sh'all extend to and 'n~ clude the plural. All words used In the plural form shall"extend to an Include the slnRu'ar. All words used In any lender shall" exten'd to and In,'ude all senders. 10 . , .. " ;;~,~;~;;~~rg~~.';~:~~,;J:..~,- ::~'.' ~.~;:~:. :. ,;~._. ~;~.~~: 1;~~~~~;f;:~~X:;;':~~ .;;::.~~'~;~I;;~~~-:~i;j:' .;~7 .~:-~~:: t;i~~~.j~~~.; ~:~. .;~i;";;;:':::';'::':":y;:~:~~<~:\~i~;,~~~;;L~~.~" >- , . ",..III' 20.00 Execution of ARreement. This contract ~y be slmultaneousty executed In seyeral counter- parts? each of which so executed shll' be deemed to be an orl,'nl'T and such counterparts tOlethe, shall constitute one In the same I n It rllne n t . .' ~. :.. . 11 I - ~.:.. -:~~:t " .. -='.i~' '. .~~~;. . ...t.:;,~. . .." -;. ,..~~~~;.~: .;' " I-':'~'.". .. ....:~.~~:\: .:.'.. . . ":,. .' :: ~:." ..... ..... ~:,(.. ' \~ ~ ' .~: . ......':.. . . .':(r<'>;'!;~;"':';;, ,.:.~: :'::~;{(fr.1'r{:~:~i~fft:.. ,........ :::~::;;!~::.;.j~::e;:, ~:.'.. < ";:;"';:;::':;:'. .... 'j:' .. -t, .. .~... , WPI, 6822807 JOB' 90000-3839 ~GREEr.ENT ~~"""* -:9 /'181. IN WITNESS WHEREOF, the parties hereto have caused these presents to be exec:uted,_the day and year first above written. ,A P PROVED : ~~O~~~~A FOROOMPTROlLER AV A\LAC~.C. FUNOS S" A\ f1.PPRO\lEO - F\~ l, ,A PPROVED ,AS TO FORM, LEGAlItY,AN) EXECUTION 917~ ,ASS'I ST,ANT .ATTO . EY DE P,ART~NT OF TRJ.i~S PORT.ATlo.~ Form revised 1/9/84 ST,ATE OF FLORlo,A DE P,ARTt.ENT a: TRl-NS PORT,AT I~ FUBll C ,AGENCY BY~ t2/~~ ,TInE:. ~. ~ -~ . ~TTE;~~:~~ TITLE: AJI'1/A:~. I. :... (SE~l' 12 . . 6 C AVW ,..t.;...... . .. '~.~.;~:-T: , .., .. ~....., - ., . :l~'.~~~~~~i}i.:~~~.~, ;:~~.~.;~, -~. <,~;~~::-;:~..~;~~;:;;;..;.~~~~;~~~.~.~~l~~~~::: : .~ .:,:.:.~~.~~~~t;:~;:~~;~;;;;..:; :~7;:~~;;;~~;;;:~rFt~~'I:": ;;~<~,'~~: .. ..~ WPU 6826607 JOB' 90000-3839 AGREEMENT DAT;J'-11?B''/ EXHIBIT "All This exhibit fonms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County PROJECT LOCATION: Key West International Airport Monroe County Key West, Florida PROJECT DESCRIPTION: Construct Landside terminal expansion and renovation including rehabilitation of . east side lavatory facil i ties; improveJ!lents to terminal sewage treatment plant including sewage lines; improve' terminal lighting and electrical facilitiesi complete construction of terminal access road Phases I and IIi complete construct- ion of'new main facilities including terminal baggage claim enclosure; construct improvements to U.S. Customs facility including utilites and control access. PROJECT BUDGET: TOTAL $ 285,864.00 $ 285,864.00 Construction SUMMARY OF PARTICIPATION: Federal Share TOTAL $ 190,576.00 47,644.00 47,644.000-)(2) $ 285,864.00 to._:.. Sponsor-Public Agency Share StClte-DeparbDent Share . Note (1): or an amount equal to 50% of the eligible and allowable. non-federal share of the cost of the project, whichever is less. ., (2) This project part of multi-year federal grant 1 of 2 .... .... o . ., , .' -'Jl~'" ~::; I. ". .,',.: . ::~-~ ~ :.;~. . ,-'.. ::",. .. ~i~ ~ . ~ ..',1.- '.i@:.~;;,.:'~t:~.::;:.;::,~~:;;:;~~~t~t · : ;~!~7":':";;i€<:: " . .' " ;~'~~S";~::~:~".:~~~!:j ~ ::::f :~::i~~ ;(~, ::-"~:'}!'~':'.:,:;'::~?y~::~~.~_:,':. :~~ '" .' ..' - .... . ~ . ", . .;-:.. ;:.. ;.~.*t .~. '. EXHIBIT "An ~ REVIEW AND REVISION: The Project Description, Project Budget, and Summary of Participation will be reviewed at the time a Federal Grant Agreement is executed and revised as necessary to be consistent with the Federal Grant. ~ .. LETTER OF NO PREJUDICE: This project is the subject of a Letter of No Prejudice from the Department to the Public Agency, dated April 9, 1984, a copy of which is attached hereto and made a part hereof, and accordingly, all eligible costs incurred since that date may receive state'funding and all costs prior to that date, whether eligible or not, may not receive state funding. toe-:.. . '" 2 of 2 ::.~ . -:.0 , ... . -. ;' . ~ . . :~!;~~.;..: . .~~:~ :./:': , .:?'. ~, . ~~ . .' . . . . '. ..~,~ ;!,~'..~..~:"..,.. ,:,:,:-Y~~.:'"'-:':' ~.':,":.,:,~..:..,-~.:;,:~"~~,..,.., ..' . :.....i,':;.;......'t..~?r.'~:":: ....<~f.,;~:~~':~'...::. . u..~~:.~~ ,~..~~!::~.~..). ..;~.....:\.'M-'V.~~,VJ:t-~...;....a._~......x.,.".Y:.".~.,~O..~.\ .";'~(! !..,.:.. :-~~ ,....;Ip...~"'=..~. . r ! . '. EXHIBIT "B" . ".... " '0 '. .:......, ... ';.;;~ ,~.~';:':ft~f.;.:~. ;., ...,.. ...~:'i .....' O(,(o! ..~- :,:: . .. . .'.._;,.....,.....:.:tI..,:......,...~I..:. :.,. This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County. Proposed Project Casn Flow WPII 6826607 State Job Number 90000-3839 Agreement Dat~~ ~9K'I Total "0" Fund 47t644~O _ 1st FY 84 FY 85 0.0 0.0 qUARTERS 2nd 0.0 47.6 1 of 1 3rd 0.0 0.0 .. .. .. ... ,.; . 4th 0.0 0.0 ~ ... :. -, - ~ r. '~ ''': ' , . .' . -..... . '," ..,.:.. -..~. ':':: ',7- ,'::. .' . ..."..., ,... , . . ~..- ..:' ~ .~ .:,'.:t ',. .', . :..: .'. ;.:'.:. " - ....... ' .. , '.'" . ..... . .......--.. ',. . ;~~~~~.~_: "0 . - ( :.'.. ~ .,' ." ,'. ..' '. ~. .~':' ,'. . . .'. . '. . ': ,.....~... . '...... ~. .~ : '. . ~ -' .. Department of Transportation 101 GIlAHAU GOVlllHOll IJAUL H. IJAIJIJAS SEC"n..."y Miami. Regional Service Center Public 'T.ransportation Operations 401 N. W. 2nd Avenue, Roan 510 . . Miami, . norida 33128 April 9, 1984 -' Mr. Kenni t l.ewin Administrator lionroe County P.O. Box 1029 Public Service Building Key West,' norida33~0 RE; WPI# 6826607-Key West International Airport, Monroe County, Tenninal EKpansion and Renovation Dear Mr. Lewin; We have been advised that Monroe County is prepared to proceed wi th ~ the referenced Project and that an application for Federal Assistance has been submdtted to the Federal Aviation Administration. We concur with your intention to expedite this Project. FUrther, the Florida Department of Transportation has programned State funds for the Project. The proposed State participation is 50 percent of the non-federal share of the total eligible cost or approximately $62,500. You may consider this a letter of No Prejudice, and any costs in- curred in connection 'with this Project subsequent to the date of this letter may be eligible for State participation, subject.to the terms of a Joint Participation .~ee;~nt between Monroe County and the Department. It is to be clearly understood that this authorization carries no commitment to the Project or ~lic~tion that the Project will re- ceive the final approval of the State, and that State participation will be subjec.t to the terms of a Joint Participation Agreement between Abnroe County and the Department of Transportation. It should be further understood. that any ccmni.tment by the Department is contingent on legislative approval of the ,Department's annual .' . budget and on ~i J ahili ty of funds. ...:.. You should also be aware that if a Joint Participation Agreenent is executed ut will require that all plans and specifications concerning the Project be suhni. tted to the Department for review and be approved by the Department. , , . . . . . . '; I, '~'" .t!r~{~.."" :. ""..i... ..~. ... ., <'\.... .. ,., .;-, ' ...,... .~ {. '.. ;...... ,. . :. ... . '"...:- ~ ~ . :. .., .....-.,.. ~ ~~. '" " 'r.- ,,;-,;- .. . ". . ..' .....~: ..~?': . ' ..". ..-' , ", :... .... . ...~ .... .....c.' . ... ~ I' . ~ .... ",' '. '. . - '. '..'_._;...: _.:"._. I . ' . . #0 i'> . ,;. s l~. Kermit Levin April 9 t 1984 Page 2 Failure to obtain approval will be sufficient cause for non- payment by the Department. In addition, all contracts or other obligating documents must be subnitted to the Department prior to execution of these docunents by Monroe Cbunty. If you have any questions conceniing this Project, please contact Mr. Ibnald Cashdollar, Jr. P.E., at (305) 377-5509, 401 N. W. 2nd Avenue, Roan 510, Miami, Florida 33128. ,- , cc: V.G. Marcoux J. Sheppard J.C. Goodknight D. Cashdollar J. Beck - S. Moon C. Nilson C. Fehner A: Skelly P. Rebull S. Gordon "':.. . , . '.r, ..:.. ....;.... ~.; " . .. ... ,~; ;,P" . ,. (::,'.:'.;', .~-;~': ~ ..' ", ,,' ~ "