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Resolution 103-1987 Monroe County Commission RESOLUTION NO. 103-1987 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF SAID BOARD TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, CONCERNING THE CROSS BIG PINE KEY ARTERIAL ACCESS ROAD, AND SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO DISCUSS SAID CROSS BIG PINE KEY ARTERIAL ACCESS ROAD. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That the Mayor and Chairman of the Board is hereby au- thorized to execute a Joint Participation Agreement by and between the St?-te of Florida Department of Transportation and Monroe County, a copy of same being attached hereto, concerning the Cross Big Pine Key Arterial Access Road. 2. That said Board will hold a special meeting on March 26, 1987, at 7: 00 p.m. at the Marathon Courthouse to discuss said Cross Big Pine Key Arterial Access Road. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of February, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /;t. (Seal) Attest: DANNY L. KOUIAGE, Clerk -/2L~.~L ER ,. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. I 8 LOCAL GOVERNMENT COOPERATIVE ASSISTANCE PROGRAM JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR CROSS BIG PINE KEY ARTERIAL ACCESS ROAD WPI 116126631 THIS AGREEMENT, made and entered into this 17th day of February, A.D. 1987, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT" and MONROE COUNTY, hereinafter called the "LOCAL GOVERNMENT". WIT N E SSE T H: WHEREAS, the DEPARTMENT is prepared to participate under the Local Government Cooperative Assistance Program pursuant to Section 335.20, F.S. (1985) at 2070 of the estimated eligible cost of the "Project" described as follows: a Transportation Improve- ment Project consisting of right-of-way acquisition, Planning, preliminary engineering, design and construction of the proposed Cross Big Pine Key Arterial Access Road and as further described in Exhibits A & B attached hereto and by this reference made a part hereof, hereinafter called the "PROJECT", and WHEREAS, the LOCAL GOVERNMENT has satisfied the requirements of Rule 14- 89, F. A. C. (1985) and the PROJECT is eligible for participation in the Local Government Cooperative Assistance Program pursuant to 335.20, F.S. (1985). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation in the PROJECT, the parties agree to the following: 1. The purpose of this agreement is to provide for the allocation of state financial assistance to eligible local governments on eligible projects pursuant to F.S. 335.20 (1985) and Rule 14-89, F.A.C. (1985). 2. The Local Government will prepare the plans, specifica- tions and estimates for the proj ect. These will incorporate Department Standards and will be reviewed and approved by the DEPARTMENT prior to letting. 3. The LOCAL GOVERNMENT will let and administer the PROJECT. The DEPARTMENT will issue a permi.t to the LOCAL GOVERNMENT to enter upon DEPARTMENT Right-of-Way to accomplish the construction. 4. The LOCAL GOVERNMENT agrees to administer this PROJECT in compliance with all laws governing the DEPARTMENT. 5. No amount of funds provided pursuant to this Agreement shall be expended for the relocation of utility lines, including but not limited to, electric utilities, sewers, and natural gas utilities. 6. The DEPARTMENT shall provide the LOCAL GOVERNMENT 20% of the PROJECT'S estimated eligible cost of $68,469.50. 7. The LOCAL GOVERNMENT is ultimately responsible for all cost overruns. 8. At the discretion of the DEPARTMENT the State may agree, in writing to participate in cost overruns on a PROJECT, subj ect to availability of funds; such participation is limited to twenty percent of eligible cost overruns. 9. In the event his Contract is in excess of TWENTY FIVE THOUSAND ($25,000.00) or has a term for a period of more than one year, the provisions of Chapter 339.135(8) (a), Florida Statutes are hereby incorporated. "The Department shall not, during any fiscal year, 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 sub- section shall be null and void and no money shall be paid thereon. The Department shall require a s tate- ment 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 a period exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department in excess of $25,000.00 and having a term for a period of more than one year." 10. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all cost, expenditures and other items incidental to the offering for public bid and prosection and construction of the 2 PROJECT. No funds provided by the DEPARTMENT shall be expended for other than eligible expenses for the PROJECT. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT, as well as other State and Federal auditors. Incomplete and incorrect entries in such books and records will be grounds for disallowance by the DEPARTMENT of any fees, expenses or costs based on such entries. 11. The LOCAL GOVERNMENT agrees to keep such records and accounts and to require any and all contractors and subcontractors to keep such records and accounts as may be necessary to substantiate its request for payment from the DEPARTMENT. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to the Agreement. Incomplete or incorrect ,entries in such books and records shall be grounds for disallowance by the DEPARTMENT or any fees or expenses based upon such entries. 12. The LOCAL GOVERNMENT warrants that it has not employed or obtained any company or person, other than bona fide employees or consultants of the LOCAL GOVERNMENT to solicit or to secure this Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee or consultant employed by the LOCAL GOVERNMENT. For the breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability at its discretion and to withhold additional payments or funds budgeted and allocated for the PROJECT. 13. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered under any circum- stances by the LOCAL GOVERNMENT without the prior written consent of the DEPARTMENT. However, the Agreement shall be binding to the DEPARTMENT and its successors. 14. To the extent allowed by the laws of Florida, the LOCAL GOVERNMENT hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT for all claims, demands, liabilities and 3 sui ts of any nature arising out of, bec9-use of, or due to any negligent act or occurrence or omission or commission of the LOCAL GOVERNMENT, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its sole negligence or breach of contract. The parties agree that 1% of the total compensation to the LOCAL GOVERNMENT for performance of this Agreement is the specific consideration from the DEPARTMENT to the LOCAL GOVERNMENT'S indemnity agreement. 15. This Agreement shall continue in effect and be binding on both the LOCAL GOVERNMENT and the DEPARTMENT until the PROJECT is completed, final costs are known and appropriate reimburse- ments are made by the LOCAL GOVERNMENT or DEPARTMENT. 16. If the LOCAL GOVERNMENT abandons the PROJECT or for any reason the commencement, prosection, or timely completion of the PROJECT by the LOCAL GOVERNMENT is rendered improbable, infeasible, impossible or illegal, the DEPARTMENT may, by written notice to the LOCAL GOVERNMENT, suspend any or all of its obliga- tions 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. 17. The DEPARTMENT shall exclude all PROJECT costs incurred by the LOCAL GOVERNMENT prior to the effective date of this Agreement or prior to the date of the PROJECT grant application. 18. If the PROJECT is on the State System, the MBE require- ments of 49 CRF Part 23 and Section 339.0805, F.S., shall apply to the Agreement. Minority business enterprises and disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of PROJECT contracts. 19 . The LOCAL GOVERNMENT and its con tr ac tor s s ha 11 not discriminate on the basis of race, age, color, national origin or sex in the award and performance of the PROJECT contracts and the selection of applicants for employment in connection with the carrying out of any PROJECT. 4 20. If any provision of the Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an ins tance, the remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the LOCAL GOVERNMENT has caused this JOINT PARTICIPATION AGREEMENT to be executed in its behalf this 17th day of February, A.D. 1987, by the CHAIRMAN, authorized to enter into and execute same by Resolution No. 103-1987 of the Board on the 17th day of February, A.D. 1987. COUNTY OF MONROE, STATE OF FLORIDA BY: Mayor of the Board of County Commissioners of Monroe County, Florida (SEAL) Attest: CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Deputy Assistant Secretary for District Attest: Executive Secretary llPNWVED AS TO FORM Al'[) LEI'?,.'!;.'. SUFFICIENCY. 5 . _ _L _.---_ _____ __ __ _n_ _.~_ . " ". W.P.I. No. 6126631 Job No. EXIIIBIT A This Exhibit forms an integral part of that certain Join~ Participation Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPO~TATION and MONROE COUNTY, FLORIDA dated ___________ . 198 , providing for the undertaking of a Transportation Imp~ovement Pt-oJect consisting of right-of-way acquisition. planning, preliminary engineering, design and construction of the proposed Cross Big Pine Key Arterial Acces Road. n. g~t!~B~6 . . The proposed Cross Pine ~ey Arterial Access Road will provide east-west traffic access across the central porLion of Big Pine Key northerly of US HI to and from the east and west coastal populated areas or the Key and between I<ey Deer Boulevard (County Road C-940) and the new shopping center thus diverting such traffic off of US " 1 . Funding for this project is' provide~ through Rule Chapter 14-89. Florida Administrative Code, entitled "Local Government Cooperative Assistance Program". 8. EBQJ~~I_Q~~~BIEIIQ~ The Cross 81g Pine Key Arterial Access Road will extend from Ships Way to Hibiscus Drive on Big Pine Key. The Project will consist of right-of-w~y acquisition, planning, preliminary engineering, de~ign and construction of the proposed secondary arterial road. c. JQl~I_enBIl~!E~IlQ~_E~~Q_EnYnstlI The Department shall make partial payment for costs incurred and paid by the Public Agency. Three (3) copies of each request for payment shall be accompanied by supporting documents. 1 of 1 W.P.I. No. 6126631 Job No. EXHIBIT 'B' Thia Exhibit, forms an integral part of that certain Joint, Participation Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and MONROE COUllTY, FLOF: Ion dated ______________________' 198 , prov i ding for the undertaking of a Transportation Improvement Project conslstlng of right-of-way acquisition, planning, preliminary engineering, design and const.,rlJction of the proposed Gross Big Pine Key Al't,E.I'ial Access Road. A. 9gtH~BOk The ostimated cost of the Project described in Exhibit "A" of this Agreement is based upon the Project Budget as su~~it,ted 1n Monroe County's application for the "Local Government Cooperative Ossist,anc~ Program" . B. E~QJs~I_~~DgsT -----------------------.------------------------------------------------------- , ___________~~Il~nI~Q_~Q~I~________ WE!_~Q~__Q!~~riQ~iQn___________~--------EQQI-------bQ~~!_______IQ~~l___ 6126631 Construct Cross Big Pine Key Arterial Access Road 1, ROW Acquisition 2. Planning 3. Preliminary Engineering 4. Design & Construction 5. Project Administration Total $ 7,245.00 $28,989.00 $36,225.00 4,000.00 16,000.00 20,000.00 3,000.00 12.000.00 15,000.00 48,000.00 192,000.00 240,000.00 ___g~661~?~___61~~~~~~~___~1~1~~~~~ _~g~~1g~~~~___~72~~7~~~~__~1~~~17~?~ C. EST I 11ATED CnSH FLOW (State Funds On 1 y) __________Ey_~@L~7_____________EY_~7L~~__________ _______g=~______9=1__________g=1________g=~______ 15.000 $15,000 $15,000 $23,469.50 Project Administration costs directly associated with the project will be treated as follows: 1) Prior to any local commitment or expenditure, the local agency will submi~ to the District Office a written request of particular administration cost items. 2) The D1strict will review the request and an appropriate written response will be made by the District Office