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Resolution 306-1989 _'1 Art Skelly Director of Airports RESOLUTION NO. 306 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DIVISION OF PUBLIC TRANS- PORTATION OPERATIONS, AND THE COUNTY OF MONROE FOR THE PURPOSE OF CONSTRUCTING AND RELOCATING THE AIRPORT SAFETY FENCE WITH ACCESS GATES AT THE MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Joint Participation Agreement by and between the State of Florida Department of Transportation, Division of Public Transportation Operations, and the County of Monroe, a copy of same being attached hereto, for the purpose of constructing and relocating the Airport Safety Fence with Access Gates at the Marathon Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe county, Florida, at a regular meeting of said Board held on the ~r~ day of May, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~ B ~. . y nayo.n (Seal) A ttes t :D~_~ ~o.LHAGEl Qlerk ~_~J)/ ~QM TOfJOItM All LE ~ BY ....... MtotINY'. aa. F 1-01 9/87 , ========================================================================== wp:r No.: 68:\.6693 Fund: 010 Function: F . A . No.: Contract No.: ========================================================================== SAnS Approp: 050098 SAnS Obj.: 790050 Org. Code: 55062020628 Vendor No.: VF596000749005 Job No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DMSION OF PUBLIC TRANSPORTATION OPERATIONS JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 _ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and THE COUNTY OF MONROE hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system; . NOW, THEREFORE, in consideration .of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose or Agreement: The purpose of' this Agreement is to provide for the undert~g of The Construction and Relocation of Airport Safety Fence with Access Gates at Marathon Airport. :1 and as further descnbed in Exhibit(s) A.B. & C attached hereto and by this reference made a part hereof, hereinafter called the Project, and to provide Departmental [mancial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. ~. i -,:- -;-.;. Fo: --,' -01 9ft" 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in exhibit "C., 3.00 Project Cost: The total estimated cost of the Project is $ 115,000.00 . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. 4.00 Department'Participation:--The Department agrees to maximum participation, including contingencies, in the Project in the amount of $ 6,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shoWD in Exhibit "B", whichever is less, .<: 5.00 Front End Funding: Front end funding ~ (is not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share ot' participation as shown in paragraph (4.00), 5.10 Retainage: Retainage (l5J. (is not) applicable. if applicable, J N / A percent of the Department's total share of participation as shown in paragraph (4.00) is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit by the Department. ;'._~ ~': 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the executioll of this Agreement, a Project Budget, Exhibit "B", shall be prepared by the Agency and approved by the Department comptroller. The Agency shall maintain said budget, carry out the Project and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless approved by the Department, 2 '..: F )I-Ol 9/87 6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule of tbe Department funds to be expended on the Project. This schedule shall show estimated disbursements for tbe entire term of the Project by quarter of fIscal year in accordance ,'.ith Department fIscal policy. The schedule may be divided by Project phase wher.: such division is determined to be appropriate by the Department. Any significant deviation form the approved schedule in Exhibit "B" requires submission of a supplemental schedule by the agency. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the Project, in conformity with uniform requirements established by the Department to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish up independent accounts. Such accounts are referred to herein collectively as the "Project Account", The Project Account shall be made available upon request by the Department any time during the period of the Agreement and for fIve years after fmal payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Department payments and other funds are herein collectively referred to as "Project Funds", The Agency shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under S atc plans which have been approved for the deposit of Project funds by tbe Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the Project Account all eligible costs. of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. ;': 7.40 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. /8. ";. '.:1 ':> ~i 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on rue in the offtce of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible,' kept separate and apart from all other such documents. ':.i 7.60 Audit Reports: The Agency shall provide for each of its fIScal years for which the Project Account remains open, ;:n audit report prepared either by its offtcial auditor or audit agency or an independen~ certified public accountant, 3 For ...~.. .()1 9/5, reflecting in detail the use of the funds of the Department, the Agency, ~d those from any other source with respect to the Project. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Agency: In order to obtain any Department funds, the Agency shall: 1. File with the Department of' Transportation, District Six 602 South Miami Avenue, Miami Florida, its requisition on form or forms prescribed by the Department, and such other data pertaining to the Project Account (as defined in Section 7.10 hereof) and the Project as the Department may require, to justify and support the payment requisitions, including (a) the date the Agency acquired the property (b) a statement by the Agency certifying that the Agency has acquired said property and (c) if the requisition covers the acquisition of real property, a statement signed by the Agency attorney certifying that the Agency has acquired said real property, 2. Comply 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 times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department m:lY elect by notice in writing not to make a payment on Project Account if: . 8.21 Misrepresentau,m: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or- pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project. 8.23 Acceptance by Department: The Agency shall have taken any action pertaining to the Project which under this agreement requires the acceptance of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are acceptable. 8.24 ConOict of Interests: There has been any violation of the conflict of interest provisions contained herein. 8.25 Default: T~e Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 4 '...: - ... ':::.~:-l". :.... "-I F )1-01 9/87 8.30 Disallowed Costs: In determining the amount of the fmancing payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or prior to the date of a Letter of No Prejudice, costs incurred by the Agency which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. A letter of No Prejudice provided to the Agency by the Department may provide that exp~nditures related to the project may be recognized from the date of said Letter as part of the total Project prior to, 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 Agency abandons or, before completion, fmally' 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 commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension, Upon receipt of any final termination or suspension notice under this Section, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the fmancing is to be computed; (2) furnish a statement of the project .activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Department such portion of the fmancing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or _ suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Agency or the closing out of Federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. .'~ 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Agency shall remit to the Department its share of any unexpended balance in the Project Account. .\ 5 ., ':"~'l - Fo"'" ~1-01 9/ 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except ~ otherwise authorized in '-writing by the Department, the Agency shall not execute any contract or' obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written concurrence of the Department. Failure to obtain such concurrence shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same, 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understqod and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. As a further condition, the agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act, . 12.30 Minority Business Enterprise (MBE) Policy and Obligation: 12.31 MBE Policy: It is the policy of the Department that minority business enterprises as defmed in 49 CPR Part 23, as amended, shall have the maximum opportunity.to participate in the performance of contracts financed in whole or in part with Department funds under this agreement. The MBE requirements of 49 CFR Part 23, as amended, apply to. this agreement, 12.32 MBEObligation: The Agency and its contractors agree to ensure that Minority Business Enterprises as defmed in 49. C.F.R. Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 C.F,R. Part 23, as amended, to ensure that the Minority Business Enterprise have the maximum opportunity to compete for and perform contracts, Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban Mass Transportation Administration or Federal Highway Administration' 0.. -.... _ . Funding is a part of this project, the th.c: Agency must comply with Subpart (E) of CFR 49, Part 27, as amended. 6 . ." .~ ."-.;.,~",,,,~.,. . , 301-01 9/87 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin, The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard _to their race, age, creed, color, sex, or national origin. Such action shall ' include, but not be limited to, the following:' Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for emplo~ent for Project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act or 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued "thereunder, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: . Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the Project or "3..Dy property included or planned to be included in the Project, in which any member, officer, or employee of the Agency or the locality during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if .such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition con,tained in this subsection: Provided, that any such present member, omcer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection wjth the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, omcer, or employee of the Agency or of the locality during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between, the Agency and its fIScal depositories, or to any agreement for utility services the rates for which are fIXed or controlled by a Governmental 'agency. .. 13.40 Interest or Members or, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 7 ."1','. F. "1-01 9/01 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, construction, reconstruction, improvement of facilities or equipment, shall be presented to the Department for acceptance. In rendering such acceptance, the Department shall take into consideration whether such facilities or equipment is designed and equipped to prevent and control environmental pollution. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency, constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department in respect of such breach or default. 14,40 How 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, In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obt.aining an approval of its application for the fmancing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance wi~ any provision .thereof; perform any- other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and.. the Agency to the end that the Agency may proceed as soon as possible with the Project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the Project facilities and equipment will be used qy the . Agency to provide or support public transportation for the period of Ute useful life of such facilities and equipment as determined in accordance with general accounting standards and approved by the Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any Project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use. the Agency wiIl comply with the terms of the Office of Management and Budget Circular A-I02, Attachment N, relating to property management standards.' Tlie' Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department fmancing of the facility or equipment as provided in this Agreement 8 ..- .,.:~ : '..'. 301-01 9/87 '5 14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency, its subcontractors, agents or employees, Neither'.the Agency nor any of its ,agents will be liable under this section for damages 'arising out of injury or damage 'to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees, The parties agree that this clause shall not waive the benefits or provisions of Section 768.28 F. S, or any similar provision of law. :i , 'j ~ 15.00 Plans and Specifications: In the event that this contract involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for acceptance all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency written concurrence with any approved portions of the Project and comments or recommendations concerning any remainder of the Project deemed appropriate, After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written concurrence with said remainder of the Project. Failure to obtain this written authorization shall be sufficient cause for nonpayment by the Department as provided in Paragraph 8.23, 16.00 Agency Certification: The Agency will certify in wntmg prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in on the agency Facility, that adequate title in in the Agency and that the project is accepted by the Agency as suitable for the intended purpose, 17.00 Multi.Year Commitment: In the event 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, Section (8) (a), FJorida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, Or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, ad no money shall be paid thereon. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitn1ent of funds. Nothing herein 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 which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year," 18.00 Expiration' of Contract: The establishment of a time penod for" completion of the Project (is)~ applicable, If applicable, the Agency agrees to complete the Project within 1000 calendar days from the date first shown in this contract. If the Agency does not complete the Project within this time period, this contract will expire unless an extension of 9 I' Fc--- Clnl-Ol 9/_ the time period is granted to the Agency in writing by the Deputy Assistant Secretary, District Six , 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 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural, All wordS ,used in the plural form shall extend to and include the singular. All words used'in any gender shall extend to and include all genders, 20.00 Execution of Agreement: This contract may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. . , .1 "'~~ 10 .~:t~~:.....,.".. :..; '. --~!:!'-'r~~,~:':":.'" .;:;~.~. '-". -, ,. 301-01 9/87 WPI NO. 6826693 JOB NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties 'hereto have caused these p;esents be executed, the day and year flrst above written. . AGENCY DATE FUNDING APPROVED BY COMPTROLLER'S OFFICE (SEE ATTACHED ENCUMBRANCE FORM) BY: TITLE: ATTEST: (SEAL) APPROVED AS TO FORM, LEGALITY TITLE: -ATTORNEY, DISTRlCf DEPARTMENT OF TRANSPORTATION ,..,/~,:... 'YJi;' .:, (., .. j'Il-'''' ~,"'.~ {>j'-."'!-',!:-" ~~. ....~, :;.......f '.,,-/ ',;."1;.- ;_... . ,:: .' ,i ",' "'"}''' . 1 ~ " ...--_.."-..--......_...__,,.__.,.. ._'.....~ _,_ _.... ".~... L_'. DEPUTY ASSISTANT SECRETARY OF TRANSPORTATION. DISTRICf or DISTRICf DIRECfOR OF PLANNING AND PROGRAMS :1 ATTEST: _(SEAL) EXECUTIVE SECRETARY OR NOTARY .... " 11 ''t" .-......"". WPI No. 6826693 Job No. EXHIBIT "A'Y PROJECT DESCRIPTION AND RESPONSIBLITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the STA1E OF FLORIDA, DEPAR1MENT OF 'TRANSPORTATION am the COUNIY OF M:>NROE dated PROJECT : Marathon Airport PROJECT DESCRIPTION: Construction and Relocation of Airport Safety fence with access gates. ;,?~ LEITER OF ID PREJUDICE: This project is the subject a "Letter of No Prejudicell from the Department to the Public Agency, dated March 28, 1988 a copy of which is attached hereto am made a part hereof, arrl accordingly, all eligible costs incurred since that date may receive State funding and all costs prior to that date, whether eligible or not may rot receive State funding. SPECIAL OONSIDERATIONS BY PUBLIC AGENCY IDNE SPECIAL OONSIDERATIONS BY DEPAR'IMENT IDNE :1 1 of 1 .'. , .... ,...,",...'1"'. . ," ~ :..t''''.~'T..-:F .~.. -, BOB MARTINEZ GOVERNOR "~ tJ,,\~~)" ~ Department of Transportation FlOrida MUlti-Modal Programs Office 602 South Miami Avenue Miami, Florida 33130 KAYE N. HENDERSON SECRETARY Date: MAR 2 8 1988 ~\.,,;, )\' '.i1\ ~ Y" \ , -, / ' Nr. A.R. Skelly Director of Airports Key West International Airport 3491 S. Roosevelt Blvd. Key West, Florida 33040 I...,. \\\ I '1'\", I J / Dear Mr. A.R. Skelly: RE: \.JPI No. 6826693 Description: Construction and Relocation of Airport Safety Fence Marathon Airport We have been advised that the County of Monroe is prepared to proceed with the referenced Project. We concur with your intention to expedite this Project. Further, the Florida Department of Transportation has programmed State funds for the Project. The proposed State participation is approximately $6,000.00. You may consider this Letter of No Pre judic~; and any costs incurred in connection with the Project subsequent to 'the date of this letter may be eligible for a State Joint Participation Agreement between tl1e Colmty of Monroe and the Department. However, compliance in the interim with provisions of our standard Joint Participation Agreement, copy attached, is required as a condition of the Depa~ment's participation. . It is to be clearly understood that this authorization carries no commitment to the Project or implication that the project will receive the final approval of the State. The State participation will be subject to the terms of a Joint Participation Agreement between the County of Monroe and the Department of Transportation. It should be further understood that any commitment by the Department is contingent of legislative approval of the Department annual budget an on availability of funis. . 2 of 3 ..:- .. .. , Mr. A.R. Skelly Page Two You should also be aware that if a Joint Participation Agreement is executed, it will require that all plans and specifications concerning the Project be submitted to the Department for review and written acceptance by the Department. Failure to obtain such written acceptance, will be sufficient cause for non-payment by the Department. In addition, all contracts or other obligating documents must be submitted to the Department for review and written acceptance prior the execution of these documents by the County of Monroe. If you have any questions concerning this Project, please contact Mr. L. Carl Filer at 602 South Miami Avenue, Miami, Florida 33130, (305) 377-5910. ,~- Serva ~Parapar,(P.E. D' '~Director, Planning & Programs SMP /LBb Attachment cc: Jack Johnson Phil Sellers Thomas Kelso ~ L. Carl Filer Len Bivins :1 3 of 3 _. 1;,;,(""';"1;'.'::<;- .'.~-'~ .-" ,;.' "--:!:;B.f,___,Y.:i: . . - <:.l~_"',::'"..~r:."', "' ... . .' WPI No. 6826693 Job No. EXHIBIT liB" PInrECr CDST AND CASHFlClrJ This exhibit fo111lS an integral part of that certain Joint Particlpal:ion Agreement between the srATE OF FlDRIDA., IEPAR1Mmr OF TRANSPClITAn~ aOO the CXXJNlY OF f'()NR()E dated 1. PROJFCI' oorr WPI r<<>. 6826693 rorAL PROJEX;I' 00>. AIIount >$ 115,000.00 $ 115,000.00 II. FUI> PARTICIPATI~: Federal Participation FAA (907.) $ 103,000.00 Public Agency Participation Cash Department Participation Primary (0) 'IUI'AL PROJJ:rr CDST (51) $ 6,000.00 ( 5'7.) $ 6,000.00 $115,000.00 III. ESTIM\TID CASHFl.Q.I OF SI'A1E FlJO) ($ x 1000) 1 :1 Flsc:al Year FY 88/89 1st Qtr. 2m Qtr. 3td Qtr. 4th Qtr. 0.0 --u----- 6 1 of 1 "~.-l"". WPI No. 6826693 Job No. EXHIBIT "e" REQUIRED SUBMITTALS/CERTIFICATIONS AND BAS~ FOR THEIR ACCEPTANCE BY THE DEPAR1MENf This exhibit forms an integral part of tlllit certain Joint Participation Agreement between the STATE OF FLORIDA, DEPAR1MENT OF TRANSPORTATION and the COUNIY OF M:>NROE dated SUBMITTAL/CERTIFICATION RESPONSIBILI1Y Consultant Selection Compliance Design Submittal Construction/Procurement Agency Certification Department Letter Department Letter Agency Certification Agency Certification Agency Certification MBE Compliance Safety Compliance Audit Reports :1 1 of 1 ;':IWJ~!1-\- .':;-"r.~". ""-':-:,~."":;" ",