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Resolution 033-1983 -" -...... RESOLUTION NO" 033 -1983 RESOLUTION AUTHORIZING THE CHAIPJMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BE- TWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPOR- TATION AND MONROE COUNTY, FLORIDA, FOR THE PURPOSE OF INSTALLING MEDIill1 INTENSITY TAXIWAY LIGHTS AT THE MARATHON AIRPORT, JOB NO. 90000-3826. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Joint Participation Agreement by and between the State of Florida, Department of Transportation and Monroe County, Florida, a copy of same being attached hereto, for the purpose of installing medium intensity taxiway lights at the Marathon Airport, Job No. 90000-3826. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of February, A.D. 1983. BOARD OF COUNTY COM}1ISSIONERS OF MONROE COUNTY, FLORIDA By "-, (Seal) ~~::"M~.~ tttQ( r a C erk BY 'D AS TO FORM L SUFFICIENCY. " , . W.P.A. Iten No. Job No. 'Funds Function Object 6826625 90000-3826 010 637 798 Vendor IJo. Contract No. Appropriation Federal Aid No. Cost Center VI0616108 3-12-0044-01 628 srATE OF FIDRI/)i\ DEPARI'HENI' OF TRANSPORI'ATIOO DIVISION OF PUBLIC TRANSPORrATION OPERATIONS Jon:rr PARrICIPATImJ AGREEMENr \ THIS AGREEr-1EHI', made and entered into this 4th day of February, ( tB' by and between the STATE OF FLORIDA, DEPARI'HFJ-IT OF TAANSPORl'ATION, an agency of the State of Florida, hereinafter called the Department, and M:)NOOE COUNrY, FlORIDA, hereinafter called the Public Agency. W I 'II N E SSE T H: WHEREAS, the Public Agency has the authority to enter into said Agreement am to undertake the Project hereinafter described, am the Departr1ent has been granted the authority to function adequately ,in all areas of appropriate jurisdiction including the implementation of an integrated and b:llanced transFOrtation system; r-nw, THEREFORE, in consideration of the Imltual cOvenants., promises and representations herein, the pirties agree as follows: 1.00 The purpose of this Agreement is to provide for the undertaking of an aviation project to: Install Medium Intensity Taxiway Lights, r' as c1escribed in Exhibits "A" & "E" attache4 hereto and Py this reference made a part hereof, hereinafter called the Project, am to provide Departrnental financial assistance to the Public Agency anq. state the terrrs am conditions l.lFOn which such assistance will be . provided and the understandings as to the manner in which the Project will be undertaken and canpleted. 2.00 AccompllShmentof the Project. 2.10 . General Requirements. The Public Agency shall corrmence, carry on, and canplete the Project as described in Exhibit "A" with all . practicable dispatch, in a sound, economical, and .efficient manner, and in accordance wi. th the provisions hereof, and all applicable laws. . 2.20 Pursuant to Ferleral, state, and Local Law. In the ev-ent that any election, referendum, approval, permit, notice, or other . proceed.in'] or authorization is requisite under applicable law to enable the Public Agency to enter into this Agreement or to undertake the Project hereunder, or to ooserve, asswre or carry out any of the -1- prollslons of the Agreement, the Public Agency will initiate and <zonsUT'lllB te, as provided by law, all actions necessary wi th respect to any such matters so requisite. 2.30 Funds of the Public Agency. The Public Agency shall initiate arrl prosecute to canpletion all proceedings necessary including federal aid requirements to enable the Public Agency to provide the necessary funds for completion of the Project. 2.40 Subr1ission of ProceErlings, Contracts arrl Other Dcx::urrents. The Public Agency shall submit to the Deparbnent such data, re}X)rts, records, contracts and other documents relating to the Project as the Department may require. , 3.00 Project Cost. The estimated total cost of the Project is $74,571.00. This aJTDunt is based upon the estimate SUITTl'Brized in Exhibit "A" and by this reference nade a pitt hereof. The Public Agency agrees to bear all expenses in excess of the estimated total cost of the Project and any deficits involved. 4.00. Deparbnent Participation. The Deparbnent agrees to participate in the Project in the anmmt of $3,728.00 (including contingencies) or.in an amount equal to five J:ercent of the project costs, or in an arrormt equal to the percentage as shown in Exhibits "A" & "B" whichever is less. 5.00 Front End Funding. Front end funding is applicable. If applicable, the Deparbnent shall initially pay 90% of total allowable project costs up to an arrount of 90% of its total share of participation with ten ,percent to be held in retainage to be disbursed as follows: J 1 ) Five percent payable at the time of carpletion of construction Qr acquisition associated with the Project; am, (2) The remaining amormt payable at the CO"lpletion of the final project audit by the Department. Comptroller . 6.00 Project Budget and DisbursernentSchedule. 6.10 The Project Budget. Prior to the execution of this agreement a Project Budget ~ll be prepared by the. Public Agency and approved by the Dep3.rt:nent conptroller. The Public Agency shall maintain said mdget, carry rot the Project and shall incur obligations against am make disbursements of Project frmds only in exmformity with the latest approved h1dget for the Project. The budget may be revised ~iodically, but m budget or revision thereof shall be effective -unless an<l.un't?-lthe Deparbnent shall-have approved the same. .' , -2- , 6.20 Schedule of Disbursement. The Public Agency shall provide the f'lep3.rtment with a tiT'l2-phased schedule of the Dep3.rbnent funds to 'b:? ex-pendErl on the Project. This schedule shall show estir.atErl disbursements for the entire tem of the Project by quarter of fiscal year in accordance "Ji th Deparbnent fiscal policy. The schedule nay be divided by Project fhase v..here such division is detennined to re . appropriate by the Deparbnent. This schedule shall re updatEd each quarter tasec1 on a July through June fiscal year and forwardEd to the Departnent District Office so as to be received by the first day of the quarter. Changes to the s~hedule involving twenty-five (25) percent or more of the Deparbnent's share of the Project costs shall be iTL;ffiiately reported by sul::>rUssion 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 Establishment and Maintenance of Accounting Records. The Public Agency shall establish for the Project, in confonnity with unifonn requirerrents established by the Department to facilitate the administration of the financing program, separate accounts to re rraintained within its existing accounting system or set up independently. SUch accounts are r~ferrerl to herein collectively as the "Project Accormt". The Project Account shall be rrade available u:fX)n request by the Department any tirre during' the period of the Agreement and for three years after final p3.yrnent is nade. 7.20 Funds Rec~ived or Made Available for the Project. The Public Agency shall appropriatley record in the ProjeCt Account, and der::osit in a bank or trust cor.pany which is a member of the Federal Deposi t Insurance CbrpJration, all Payments received by it from the Department plrsuant to this Agreement am all other funds provided for, accruing to, or otherwise received an account of the Project, which Depart.rrent payments am other funds are herein collectively referred to as "Project Funds". The Public Agency shall r~re the de:fX)sitories of Project Funds to secure continuously and fully all Project Funds in excess of the anounts insured under Federal plans, or under state plans which have been approverl for the de:fX)sit of Project Funds by the Departn:mt, by the deopsit or setting aside of collateral of the types am in the rranner as prescribed by State raw for the security of p.1blic funds, or as approved by the Department. 7.30 Project Escrow Account. The Department nay elect to provide the Public Agency with a lump sum am::>unt in lieu of increr.-ental diswrsements baserl on periodic requisitions fran the Public Agency. Such lurrp sum anounts shall re de:fX)sited by the Public Agency into a Project Escrcw Account in a bank or trust coP1pa.ny at interest and fully protected as specifiEd in paragrafi1 7.20. Withdrawals fran the Project EscrCM Account to satisfy Project requisi lions and p:lyments shall re approved and countersigned by the '4 Depa.rtr.lent Coq:>troller' s Office. Arry funds in excess of the Depart:r.lent's share as provided in this Agreement shall be remitterl to the Depa.rtr.lent up:n completion of the Project Audit. -3- 7.40 Costs Incurred for the Project. The Public 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 v,hich have rot received the required approval of the Department shall not be considered eligible costs. 7.50 Docur.1entation of Project Costs. All Costs, charged to the Project, including any approved services contributed by the Public Agency or others, shall be supjxJrted by prcperly executed p:tyrolls, t.i.m2 records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the d1arges. , 7.60 Checks, Orders, and Vouchers. Any check or order drawn by the Public 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 Public 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 mole or in p:rrt to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept sep:rrate and apart fran all other such documents. 7.70 Audit Rep:>rts. At the request of the Dep:rrtment, the Public Agency shall provide for each of its fiscal years for wch the Project Accauntremrins open, an audit rep:>rt prep:rred either by its official auditor or audit agency or an independent certified public accountant, reflecting in detail the use of the funds of the Department, the Public Agency, and those from any other source with respect to the Project. 8.00 Requisitions and Payrrents. 8.10 Preliminary Action by the Public Agency. In order to obtain any Department Joint Participation funds, the Public Agency sha 11 : 8.11 File with the Depart:rrent of Transp:>rtation, District Six Office, Miami Florida, its requisition on form or forms prescribej by the Department, and such other data r;ertaining to the Project Account (as defined in Section 7.10 hereof) and the Project as the Department rray require, to justify and supp:>rt the payment requisitions, including (1) the date the Public Agency acquired the property, {2) a stat6"'\ent by the Public Agency certifying that the Public Agency has acquired said property am (3) if the requisition covers the acguisi tion of real property, a statarent signed by the Public Agency a ttorney certifying that the Public Agency has acquired said real property; and 8.12 O:>mply with all applicable provisions, of this Agreement. 8.20 The Department's Obligations. SUbject to other provisions hereof, the Department will honor such requisitions in amounts and at -4- 'tiM2s deemed by the Department to be proper to insure the carrying out of the project and payrrent of the eligible costs thereof in accordance herewith. However, notwithstanding any other provision of this Agreement, the Department nay elect by notice in writing not to m:l.ke a payrrent on account of the Project if: 8.21 Hisrepresentation. The Public Agency shall have m:l.de misrepresentation of a ooterial nature in its Application, or any suppleMent thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; , 8.22 Litiqation. There is then pending litigation with respect to the performance by the Public Agency of any of its duties or obligations \\hich roy jeopardize or adversely affect the Project, the Agreement, or payrrents to the Project. 8.23 Concurrence by Deparbnent. '!he Public Agency shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Depari::Irent or shall have proceeded to rrake relaterl expenditures or incur related obligations without having been advised by the Department that the sarre are satisfactory. 8.24 Conflict of Interest. There has been any violation of the conflict of interest provisions contained herein. 8.25 Default. The Public Agency shall be in default rmder any of the provisions for the Agreement. 8.30 Disallowed Costs. In detennining the arrount of the financing payment, the Department will exclude all Projects costs incurred by the Public Agency prior to the effective date of this Agreement or prior to the date of a letter of No Prejudice, costs incurred by the Public Agency ~ich are not provided for in the latest approved rodget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in \orri ting by the Department. A letter of No Prejudice provided to the Public Agency by the Department m:l.Y provide that expenditures related to the project ITBY be recognized fran the date of said letter as part of the total project prior to, am 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 ooP.1pletion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.25 inclusive, of Section 8.20 hereof, or for any other reason, the corrmencement, prosecution, or timely completion of the Project by the Public Agency is rendered improbable, infeasible, impossible, or illegal, the Department nay, by written notice to the Public Agency, suspend any or all of its cbligations under this Agreement until such tirrE as the event or condition resulting in such suspension has ceased or l::een corrected, or the Department nay tenninate any or all of its obligations under this Agreement. , 9.20 Action Subsequent to Notice of Tennination of Suspension. UpJn receipt of any final termination notice under this Section, the Public Agency shall proceed prarptly to carry out the actions required t.~erein whidl nay include any or all of the following: (1) necessary action to tenninate or suspend, as the case nay l::e, Project acti vi ties and contracts and such other action as may l::e required or desirable to keep to the minimum the costs upon the l::asis of vtlich the financing is to l::e computed; (2) furnish a statement of the status of the Project activities and of the Project Account as \\ell as a propose:1 'schedule, plan, am budget for tenninating or suspending and closing rot Project activities and contracts, .and other undertakings the cost of which are otherwise includable as Project costs; and (3) remi t to the Department such };Ortion of the financing and any advance payment previously recieved as is determined by the Deparbnent to l::e due under the provisions of the Agreer'leIlt. The closing out shall l::e carried out in confonnity with the latest schedule, plan, and l:udget as awroved by the Department or upJn the basis of terrrs and conditions imposed by the Departlnent upJn the failure of the Public Agency to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Public Agency or the closing rot of Federal financial participation in the Project shall not constitute a waiver of any claim which the Deparbnent my otherwise have arising out of this Agreement. 10.00 Remission of Project Account U!X)n Corrpletion of Project. UpJn corrpletion of the Project, and after payment, provision for payment, or reimburserrent of all Project costs payable fran the Project Account is made, the Public Agency shall remit to the Department any unexpended l::alance in the Project Account less its proportiona te share thereof. 11.00 Audit and Inspection. The Public Agency shall pennit, and shall require its contractors to pennit the Depart::I'lent's authorized representatives to inspect all work, rraterials, payrolls, records; and to audit the books, records, and accounts of the Public Agency, pertaining to the financing and devel0p'1eI1t of the Project. 12.00 Contract of :the Public Agency. 12.10 Third Party Agreements. Except as otherwise authorized in writing by the Department, the Public Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint p:lrticipation funds, including consultant or construction contracts, with any third person with respect to the Project without prior written concurrence of the Dep:lrtment. '!he -6 Department specifically reserves unto itself the right to review the . qualifications. of any oonsultant or contractor and to approve or disapprove the ernploym:mt of the same. , 12.20 Canpliance with Consultant's Canpetitive Negotiation Act. It is understocrl am agreed by :the parties hereto that part::icipation by the Department in a project with a p.ililic agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the p.ililic agency canplying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. It is further agreed that the Public Agency shall request the assistance of the Deparbnent in the selection of consultants, and that the Depart::ment will inform the Public Agency 'of the Departrrent' s level of participation in selecting consul tants. 13. 00 Restrictions, Prohibitions, Controls and LaOOr Provisions. 13.10 Equal Employrrent Opporbmi ty . In connection with the carryi~ out of any Project, the Public Agency shall not discriminate against any anployee or applicant for anployment because of race, creed, color, sex or national origin. The Public Agency will take affirmative action to insure that applicants are anployed, and that employees are treated duriIl:J employment, without regard to their race, creed, color, sex, or national origin. SUch action, shall include, but not l:e limited to, the follONing: Employment upgrading, del!Otion, or transfer; recruit.errent or recruibnent advertising; layoff pr :tenn:i.nation; rates--of pay''Or other forms of corrpensation; and selection for training, including awrenticeship. The Public Agency shall insert the foregoing provisirn m:xlified only to show the particular contractual relationship in all its contracts in connection with the developnent of operation of the Project, except contracts for standard CCll"!1!lercial'supplies or. raw materials, arid shall require all such contractors to insert a similar provision .in all subcontracts, except subcontra~ts. for -standard. ccmnercial " , supplies or raw ITBterials.,When the Project involves installation, construction, danolition, reJ1'OVal, site improvement, or similar work, the Public ,Agency 'shall IX>st, in conspicuous places available to er'1ployees and applicants for enployment for Project \O.Ork, notices to ~ provided by the Dep:lrt1nent setting forth the provisions of the nondiscr~tion.clause. ,. r' 13.20 Title VI - Civil Rights Act of 1964. The Public ,Agency will canply with all the requirements irrposed by Title VI of the Civil, Rights Act of 1963 (78 Statute 252), the Regulations of the Federal Departrrent of Transportation~ issued thereunder,. and the assurance by the. Public Agency p.rrsuant thereto. . j 13.30 Prohibited Interests. Neither the Public Agency nor any of its contractors or their subcontractors shall ent~ into any contract, subcontract, or arrangement in connection, with the Project or any property include:d ,,or plann~ to be included in the Project, . in -7- . which any member, officer, or employee of the Public Agency or the locali ty during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or enployee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest' is irrrnediatley disclosed to the Public Agency, the Public Agency with the prior approval of the Deparb'1ent, rray waive the prohibition containe:3. in this subsection: Provide:3., that any such present member, officer or employee shall not participate in any action by the Public Agency or the locality relating to such contract, sulx:ontract, or arrangenent. , The Public 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 rranber, officer, or employee of the Public Agency or of the locality during his tenure or for one year there- after shall have any interest, direct or indirect, in . _ this contract or the proceeds thereof .",11 ' 14.00 Miscellaneous Provisions. . " . 14.10 Environmental Pollution. ' .1\11 Proposals, Plans am Specifications for the acquisition, oonstruction, reconstruction, improvement of facilities or equipnent, shall be pr~sented to the DepartT.1ent for approval. In ~dering such approval, the Department shall take into consideration. whether ,.such facilities or equipnent ,is designed and equipped to prevent and. oontrol. ~ironrnental p:>11ution. 14.20 Department Not Obligated to Third Parties. The DepartJ1lent shall not be obligated or liable hereunder to any p:rrt other than the Public Agency. ' , . I 14.30 When Rights am Remedies Not Waived. In no ervent sqal1' the Making by the Department of any payment to the Public Agency' consti tute or be oonstrued as a v.ei ver by the Department of any'" breach of covenant .or any default which. nay then. exist,. on. the part of the Public Agency, and the naking of such paymentby' the . Departrrent while any such breach or default shall eq.st shall in no way impair or prejudice any right of raredy available to the ' Departrrent in respect of such breach or default. ' () 14.40 Ho.v Contract Affected by Provisions Being Held Invalid. "If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then a::mtinue to confonn to the terms and requirenents of applicable law. 14.50 Bonus or Canmision. By execution of the Agreerrent the Public Agency represents that it has not paid and, also, agrees not to ray, any tonus or corrrnision for the p.lIp)se of cbtaining an approval of its application for the financing hereunder. .. 14.60 state or Territorial Law. NJthing in the Agreement shall require the Public Agency to observe or enforce compliance with any provision thereof, p:=rform 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 Public Agency will at once notify the Deparbnent in writing in order that appropriate changes and rrodifications may be rrade by the Department am the Public Agency to the end that the Public Agency may proceed as soon as fOssible with the Project. 14.70 Use and Maintenance of Project Facilities and Equipnent. The Public Agency agrees that the Project facilities and equipnent will re used by the Public Agency to provide or support public transfOrtation for the period of the useful life of such facilities am equipment as detennined in accordance with general accounting standards and apprOlTed by the Derartment. The Public Agency further agrees to naintain the Project facilities and equipnent in gocd working order for the . useful life of said facilities or equipnent. 14.80 Disposal of Project Facilities or EquiplTEl1t. If the Public Agency disfOses of any Project facility or equipnent during its useful life for any purpose except its replacement with like facility or equipnent for p.1blic transportation use, the Public Agency agrees to remit to the Depar1:Irent a proportional amount of the proceeds fran the disposal of the facility or equipnent. Said proportional arrount shall re detennined on the basis of the ratio of the Depa.rtrnent financing of the facility or equipnent to the total cost of the facility or equipnent as provided in this Agreement. 15.00 Plans and Specifications. In the event that this contract involves the purchasing of capital equipnent or the construction and equipping of facilities, the Public Agency shall submit to the Deparbnent for review all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Public Agency written ooncurrence with any approved fOrtions of the Project am corrrnents or recOl!lTleIldations concerning any remainder of the Project deEMed appropriate. After resolution of these corrrnents am reccmnendations to the Department's satisfaction, the Department will issue to the Public Agency written concurrence with said renainder of the Project. Failure to obtain this written -Q- concurrence shall re sufficient cause for non-payment by the Department as provided in Paragraph 8.23. 16.00 Department Credit Plagues. Credi t plagues indicating the Dep3.rt:nent' s p3.rticip3.tiQn in the Project will re installed on each major item of equipnent and facility CXJnstructed under Dep3.rt:nent financing. The Public Agency will coordinate with the Dep:rrtment's District Office on the design and installation of these Credit Plagues. The Dep3.rt:nent may, at its option, provide said Credit Plagues for installation. 17.00 Multi-Year Canmitrnent. .. In the event this contract is in excess of $25,000.00 or has a tenn for a period of rrore than one year, the provisions of O1apter 334.21( 8) (a), Florida Statutes, are hereby inCXJrporated: II (a) The Depart:rrent shall not during any fiscal year, expend rroney, incur and liability, or enter into any CXJntract \\hich, by its terms, involves the expenditure of rroney in excess of the amount hldgeted as avialable for expenditure during such fiscal year. Arr:i cOntract, verbal or written, made in violation of this subsection shall re null and void, and no ITDney shall re p3id thereon. The Department shall require a statement from the CXJMptroller of the Department that funds are available prior to entering into any such contract or other binding ccmni.tment of funds. Nothing herein shall prevent the rraking of contracts for a pericrl exceeding one year, but any contract so lTBde shall re executory cnly for the value of the services to re rendered or -agreed to be paid for in succeeding fiscal year, and this paragraph shall be incorporated verbatim in all contracts of the Deparbnent in excess of twenty-four thousand dollars and having a term for a period of ITDre than one year. II 18.00 Expiration of Contract. The establishment of a tirre period for COi'Tpletion of the Project is applicable. If applicable, the Public Agency agrees to complete the Project within ITDnths fran the date first shown in this contract. If the Public Agency does not complete the Project within this time period, this contract will expire unless an extension of the tine pericrl is granted to the Public Agency in writing by the Depart:n'ent's Director of Public TransfOrtation Operations. Expiration of this contract will be considered termination of the Project and the procedure established in Paragraph 9.00 of this contract shall be initiated. 19.00 Accomplishment of the Services. a) The Department shall conrnence, carry on, and complete any and all services, \\hich the Deparbnent and the Public Agency nutually identify arrl accept .in accordance with the procedures containerl in -10- Exhibit C, with all practicable dispatch, in a sound econor:1i.cal, efficient rranner and in accordance with the provisions hereof, and . all applicable laws. Work Orders suomi tte::'l in accordance with the procedures ootlined in :Cx'l1ibi t B shall be accompcmied by p:l.yment for 100% of the total esti..nated cost of the service. In the event that the total actual cost of the service is less than the total estimated cost of the service, the Department will remit the difference to Dade County. In the event that the total actual cost of the service is greater than the total estirrated cost of the service, Dade County will remit the difference to the Dep:l.rt:rrent. " b) The Depart:rrent shall provide the Public Agency with such data, reports, records and ather documents relating to the Services as the Public Agency nay require. 20.00 Agreement Formt. 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 extern to and include all genders. 21.00 Execution of Agreements.. This contract nay be simultaneously executed in several counterp3.rts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. -11 - W.P.A. ITEM NO. 6826625 Job Number 90000-3826 Agreement Date 2-4-83 IN WITNESS WHEREOF, the parties hereto have caused 'these presents to be executed, the day and year first above written. APPROVED: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , BY: Director of Administration Director of Public Transportation Operations ATTEST: Executive Secretary (SEAL) Comptroller PUBLIC AGENCY APPROVED AS TO FORH, LEGALITY AND EXECUTION COUNTY BY: Assistant Attorney D~partment of Transportation -12- h'f'1\ J tJ 6826625 Job No. 90000-3826 EXHIBIT "A" This exhibit forms an integral part of that certain Joint Participation Agreerrent between the State of Florida Deparbnent of TransfOrtation and the County of Monroe, dated PRa.JIrr :u::xJ\TION: " Marathon Airport' Monroe County Marathon, Florida PROJECT DESCRIPTION: Install MITL on parra11el taxiway 7/25 (500 L.F. each side) and guidance signs. PRQJEC'I' BUIX;ET: Engineering $ 7,000.00 Construction TOl'AL 67,571. 00 $74,571. 00 SUM1ARY OF PARI'ICIPATION: Federal Share (90%) $67,114.00 Sponsor - Public Agency Share (5%) 3,729.00 Sta te - Deparbnent Share (5%) 3,728.00 (1) TOrAL $74,571.00 Note (1): or an arrount equal to 50% of the eligible and allowable non-fEderal share of the cost of the project, whichever is less. 1 of 2 EXHIBIT "A" (cant) REVIEW AND REVISION: The Project Description, Project Budget and Sl.D1TliarY of Participation will be reviewed at the tine a Federal Grant Agreement is executed and revised as necessary to be consistent with the Federal Grant. LEITER OF NO PREJUDICE: " This project is the subject of a Letter of No Prejudice fran the Depar1:1rent to the Public Agency, dated NovEmber 12, 1982, a copy of Which is attahced hereto arrl ITBde a part hereof , and accordingly, all eligible costs incurred since that date may receive state frmding and all costs prior to that date, whether eligible or not, may not receive sta te frmding. 2 of 2 EXHIBIT "B" This exhibit forms an integral part of that certain Joint Participation Agreerrent between the State of Florida Depart:rnent of TransPOrtation arrl the Cormty of Monroe, dated Proposed Project Cash FICM WPA Item No. 6826625 State Job No. 90000-3826 'Ibtal "D" Funds $3,728.00 , 1st 2nd 3rd 4th FY 83 0.0 0.0 0.0 0.7 FY 84 3.0 0.0 0.0 0.0 1 nf' 1