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
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APPROVED AS TO FORM
AND ~L.I S SYF FFF:ICIENCY.
By ) ~ LiL---
Attorney's Office
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WPI NO: 6826607
JOB NO: 90000-3839
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JOINT PARTICIPATION AGREEMENT TERMINATION
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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
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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:
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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
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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.
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Form Rev 7/15 /83
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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.
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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).
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Form Rev 7/15/83
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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.
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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'
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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':
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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)
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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.
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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
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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.
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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
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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
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.~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
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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.
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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
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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 .
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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:~.
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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
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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.
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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
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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.
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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
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