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Resolution 310-1989 ,1' " Director Community Services RESOLUTION NO. 310 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY AND THE STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION CONCERNING JOINT PARTICIPATION IN THE PURCHASING AND CON- STRUCTION OF T-HANGARS AT MARATHON AIRPORT AND/OR PURCHASING AND CONSTRUCTION OF COVERED AIRCRAFT PARKING AT 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 an agreement by and between Monroe County, Florida and the State of Florida Department of Transpor- tation, a copy of same being attached hereto, concerning joint participation in the purchase and construction of T-Hangars at Marathon Airport and/or the purchase and construction of covered aircraft parking at Marathon Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this ,?.3rL of 1?14j-' 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /JJI~R/4- Mayor/Chairman (SEAL) Attest:DANNY:r... KOLHAGE Clerk ~. . , . -a.L~'P/ er APPROVED AS TO 1QIIf AND LEGAL SUFFICIENC"- ~}.~\ ~ Attorn, .. !I!r!I.'p IlY ~.;f '......,~.B:~~,: it}. ~ :~~~' ~.,:~~; ':~1~ -~!ir .,:.... .,.t~ .~; r.~~ .......; J '" " ";j. I "~ "71 '~j -,~ ? 'Jit ,~ '~ .'~ :'~~ ,~ *~ '~M ,,~ :;,1 ;> ;.'ir "'.. '.~ ~~) '.... ;,~ -.;S; ~?~, ~~: >~ , ;':~ ;~ ;.; .~,,:r1l- ; ~ ,~ ~ ~ ;: ~ "" . ~. 'I,' ""1 ~~ ~ li I ,1 ~ ;....-..;..._:.....,r ..... 01/ . · Form 801-01 Rev: 6/88 . ! i ============================================================== WPI No.: 6826663 Fund: 010 Function: 637 FA. No.: Contract No.: S~ Approp: 050098 S~ Obj.: 790050 Org. Code: 55062020628 Vendor No.: VF596000749005 Job No.: ============================================================== STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION 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 age;;Y- of the State of Florida, hereinafter called the Department, and ' The County of Monroe hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter descn'bed, 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 of Agreement: The purpose of this Agreement is to provide for the undertaking of Purchasing and constructing T-Hangars at Marathon Airport. and/or Purchasing and constructing covered aircraft parking at Maratho1 Airport. and as further descn'bed in Exlu'bit(s)A, B & C attached hereto and by this referen~e made a part hereof, hereinafter called ,the Project, and to provide Departmental financial 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. 'y ....-._~...,...,...."'t~~_. ~.." .' -_...~~-......'P._-_.,....-... _..... __~_., ~_,. ,.._ .., ~.;;, ,A~~ $ 'i :';i ':( ~j .i .. t. ,,}h, .,' '1 ,~ :t. , ,1; .,.~ ~ "1 1 J "J ':~ ~ :~ ~~ ~~ :~ ':~ .it .;'~ ';.1 ",~ , . ~ '..~ ':%-: . ,~.~ ~ ;, 'I'>' ,~ " \;, , .~ ,~ ~~ '111 ..' /:~ 1 .."f A <, -., '1 .? ; ":,. '~ J '~ '. ~~-~"~,".>., form 801-01 6/88.' . , I 2:00 Accomplishment or the Project:'. 2.10 General Requirements: The Agency shall commence, and complete the Project as descnbed m 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 cany 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. 230 Funds of the Agency: The Agency shall initiate and i>rosecute 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 Department Department Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to such data, reports, records, contracts and other documents relating to the Project as the may require as listed in exhibit "Co. the 3.00 Project Cost: The total estimated cost of the Project is $ 200,000.00. 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 $ 100,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) Legislative approval of the Department's annual budget; b) Availibility of funds as stated in Article 17.00 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this contract; d) Department approval of the project scope and budget (Exhibits A & B) at the time funding becomes available; e) Fiscal approval and encumbrance of funds prior to payment of invoices for eligible project costs. 4.20 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 of participation as shown in paragraph (4.00). 5.00 Retainage: Retainage fOO (is not) applicable. if applicable, 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. ,~"._",,,. .-..... -... ~. .-. ''',' ......-- 'T" li.:::~ .'_.-. ..l C:-'A.< ''It'; ifl~ " .,' ,~ i; :-~ ^~ ~'l '~..'~ tr. t~ ::'~ ~\~ .:.~ i~1 ':ii ~~ .~ ,~:E "':;t ~ '" ;:~ ',:-/ <~ [j r~ ~;~ :~ .~ '~ ~ ~ <t ~1 ,:;1 >J' 1'~ ,} :~ ~'~ '...:i " ,-~ r;;; . ~ :,~ '1 :~ ~ \~ '1( 11 ~ 1 ~ ~ ~ ~ ~ ~ ~ U Form 801-01 , '6188 ' ./ . ; I 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the execution of Ws Agreement, a Project Budget, Exhibit "B", shall be prepared by the Agency and approved by th.e Department. 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 it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Schedule oC Disbursements: The Agency shall provide the Department with a time-phased schedule of the Department funds to be expended on the Projeft:._ This schedule shall show estimated disbursements for the entire term of the Project by quarter of fiscal year in accordance with Department ,fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Department. Any significant deviation from the approved schedule in Exhibit "B" requires submission of a supplemental schedule by the agency. 7.00 Accounting Records: 7.10 Establishment and Maintenance oC 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 progr-am, separate accounts to be maintained within its existing accounting system or establish 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 Cor 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 State plans which have been approved for the deposit of Project funds by the Department, by the ~eposit 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 Cor 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 attnbutable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation oC Project Costs: AU 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. 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 file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. AU checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly "";:. ....., ..,. ~ .. 0;--' '''-' .,; ....-. t.-' ~_h_~,,;,"--w-r""" .....,...-..,.,.._-___._vT~~. ~_.~~_ "" .~~_ _..~". .__.,... 4.. ,I i I '(,.{j '.'~ .~ ,.~ i j ;~ I :1 --'~ i '~ '. '~: ,,- '. , :-.:0 ,~~ .\ .~ }~ J j.t '1 '~J ,I;;, .>t: :J;~~ .::~ ",~ ~1 'I ,~.... '~ 'J '. .,;; '% ~ ,,,fj :'ll ':'i j '~ :i~ ~ .~ RG~' . rorm OUl.-Ul. '6/88 ' , . _ ,i identified, readily accessible, and, to the exte':lt feasible, kept separate and apart from all other such -documents. 7.60 Audit Reports: The Agency shall provide for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent ,ertified public accountant, reflecting in detail the, use of the funds of the Department, the Agency, and those from any other source with respect to the Project. Audits shall be performed in accordance with generally accepted government auditing standards for financial and compliance audits and OMB Circulars A-128 or A-1l0. 8.00 Requisitions and Payments: shall: 8.10 Preliminary Action by the Agency: In order to ?bt~R any Department funds, the Agency 8.11 File with the Department of Transportation, District ~TX. 602 S. Miami Ave., Miami Florida, 311 30 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 (1) the date the Agency acquired the property (2) a statement by the Agency certifying that 'the Agency has acquired said property and (3) 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. (3A) a statement that two independent appraisals were obtained (4) actual consideration paid for real property 8.12 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 may elect by notice in writing not to make a payment on Project Account if: 8.21 Misrepresentation: 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 'Oroject 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 Conflict ot Interests: There has been any violation of the conflict of interest provisions contained herein. 8.25 Default: The Agency has been determined by the Department to be m default under any of the provisions of the Agreement. r",' l""'~ ...:,:_,~ :: -,-':"r- ::.~_~.'~'!":.~__ ,''''' '. "."to- _ _ '_, .,. _~.". ':,. ~ ,.~I ~~, :r} ;j .~ ~ ::;'~ :j, ., ':E " ,~:~ ' I.,' .;~ ~, ".1 :~ ;.: " ,', ,~ '! :. J , ! ! 1 i I I I !:-r..,~ . FQrm '801-01 . 6/88 8.30 Disallowed Costs: In determiziing the amount of the financing payment, the Department will exclude all Projects costs incurred by the Agency prior to ~e effective .date of this Agreement, costs 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. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, 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 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 fmal 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 financing 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 financing 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 m 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 Accou,nt Upon Completion of Project: Upon completion of the Project, 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 and 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 fmancing and development of the Project 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as 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. ..'t,''''l''.~.~.-. 'y Form &J1-01 6/88 '., " :.;~ ~ r~ ~ "i 12.20 Compliance with Consultants" ~ompetitive Negotiation Act: It is understood and agreed by the parties hereto that particiEation by the Department in ao proj~ct 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 Pr~ss 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. I " 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 fmanced in whole or in part with Department funds under this agreement. The MBE requirements of 49 CPR Part 23, as amended, apply to this agreement. 12.32 MBE Obligation: 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 Funding is a part of this project, the the Agency must comply with Subpart (E) of CPR 49, Part 27, as amended. 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 affrrmative 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 employment 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 of 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' FederalbDepartment 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 any property included or planned to be included in the Project, in which any member, officer, or employee ~,.~'.:', -,,:.;~-::.~,-," - ,._~. '-'" .,.-" ,'.__ .- ...P:-'_..........~ "'0"':" .~'_..~ . ._ ..,- '~i' "'~ -'f!~, ~ '.~j'~ ';'.' " "j( .\~ "~ ...~ "j ,~ 1 ;~ ".~ '!l '.~ ;~~ ,~ ,~ ~j ,,~ "~ '~ oj .~ 7J " 'i: '~ '~ " ;~ ~ J :~ ~ . .. ,"r ;:;. :"~ /,~, J~, :';~1 .:~ \ ,<;{ ii .~ .l ,,~ ,*-: , ~:.: .;~ .~! :'io,1l ::~ ~, ' q '~J ,Form 801-01 6/88 ' '- of the Agency or the locality during his te~~e or for one year thereafter has any interest, direct or indirect. If any such present Qr former member, officer, or .empl9yee involuntarily acquires or had acquired prior to the beginillng of his tenure any such interes.t, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer 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 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 member, officer, or employee of the Agency or of the._Iocality 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 Dot 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 of Members of, 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. 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 facility 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 Dot to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with 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 !;'! '~':.',~~:-..~ .. -.-.H'...._~. __.~ .~~.."lo-'d......--..,....~ ' 'F" 5 ~ 4 Form 801-01 6/88. ,'. ~_: ~ '1 appropriate changes and modifications may 'he made by the Department and the Agency to the end that the Agency may proceed as, soon as possible with the Project:. "j) # ~ ~ 14.70 Use and Maintenance of 'Project Facilities and Equipment: The Agency agrees that the Project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the 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. . .. '. i :( ~ '. 3 I ~ ~1 /0 , " " a :, '.- 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 will comply with the terms of the Office of Management and Budget Circular A-102, Attachment N, relating to property management standards. The 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 financing of the facility or eqUipment as provided in this Agreement. ;t 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 ox: .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. 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 writing prior to project doseout that the project was completed in accordance with applicable plans and specifications, is in place on the agency Facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this contract 15 contingent upon an annual appropriation by the Legislature. 17.20 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 339.135(8) (a), Florida Statutes, are hereby incorporated: ~,~'W"' '.,.. '~~~,,,:'t:_ ;~ 1 ::'~ . Fodn 801<<>1 6/88' . '._". ,..:-..... ',;'. - . . .~.' ..' - .'. .....'.: . . + .~. .. . ~ , , ..I , -(a) The-Department, during any fiscal year, shall 'not expend money, incur any liability, or enter into any contract whi~, 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, and 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 commitment 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: .... . . ....1. . ". ..... ......... r;,. /: ,'l ~~ f " :' ',' , . : '",: ,~ 18.00 Expiration of Contract: The establishment of a -time -period 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 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 m Paragraph 9.00 of this contract shall be initiated. .- ,":~ .. ~ , ~ 19.00 Agreement Format: 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 mlDlDlum 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) o ., -., .....,...,.~.'fi.:i'~,.'lV"i'~~-~,._~_...,.:;-c~ ...._,"P,~J"..,.... "_-..L -_..- '.""..".-,.'-....-....,...--,'.-.... &.', " \~ '~f } ",t "'~ :l 'i .'.i >" ~;f 1 , i~ ~ 4 .1',: '" ~',: ~~ " .:'~ ., ~~3 .-i .;~ ;. }t )i :~ :~ " '~ J '~ j, , , '1 ~j J! J :j 1 'j "j ~ j ~ I L".--,...=-- " . -d F, 6/88 '. 1-01 -- "1 ., . ;i WPI NO. 6826663 " JOB NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY BY: DATE FUNDING APPROVED BY COMPTROLLER'S OFFICE-(SEE A1TACHED ENCUMBRANCE FORM) TITLE: ;l-J ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY BY A1TORNEY DEPARTMENT OF TRANSPORTATION APPROVED A$ TO FO/WI AND LEGAL SUFFICIENCY. ~)."Ar;fJ71- Attorfle c-. DEPUTY ASSISTANT SECRETARY OF TRANSPORTATION OR DIRECfOR OF PLANNING AND PROGRAMS ATI'EST: (SEAL) EXECUTIVE SECRETARY OR NOTARY 1; "~'l ' ~;~ '-! '~ ~:r~ I~ ., "',' ,:f; ;:_~ '~ 'J ,~ ~~ ~"i . ,~ .,~~ :,or. ,~ ;":~ :i1 ,~ '? ,:iti .~ j ~t)j ,~ "~ ~, ""~~ A . 'J '~~ .'J f~ :...."~':I ,'_,,1 '~ .;.i .,ll ~ ~;;! :.;.~~ ;~ '~ '; ,;~ :i tl~ ,~ ;~ 1 ;; 'r::, k~ :~ i ,i~ "~. " /J ;l ;1.. '{l -,j ,'~ ~ ;~ ~~ J:l ~ :r ,~ ; iI.".,..-w.. ,oJ :. WPI NO. 6826661 JOB NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the Stat~ of Florida, Department of Transportation and the County of Monroe. dated PROJECT LOCATION: Marathon Airport - Monroe County PROJECT DESCRIPTION:' Purchase and construct T-Hangars at Marathon Airport. pn~~R~se and construct covered aircraft parking at Marathon Airport. PARAGRAPH 4.10 OF THE JOINT PARTICIPTION AGREEMENT If this Agreement is executed prior to funding being available and approved by the Department Comptroller, note the conditions of Paragraph 4.10 of this Agreement. SPECIAL CONSIDERATIONS BY PUBLIC AGENCY Exhibit "n". SPECIAL CONSIDERATIONS BY DEPARTMENT NONE 'r ~. .-....,..... ,,- ',..-~....;..,"'.....-,.......,.....~ -'""::. ._-~. " ...~..~_..,_. ,,-.- --,..,...._,-.,......~;...---~,~.....--_..,.._"1- '-. ;_.,"'...............~..._,_... .~...._. t. . .'.1".,".:," , 1- , " , ' -~1' ; ,',,".:"I,:'~,"i :1 " '''1 ,,~,I;,1 .~~ ;". t' ~\} :-" '~ 'M , ,~ :!~ ~,:!v. ,.~ ~l #' ~ .~ i,;t .,~ '~ ".; of: ',j :) ,,~ ~ R i ,:( j "~I ,'C,:,)' ..11 :J' '~""" .. '., '~",':,! .. I ?! ".~ ,,~ ~ '~ ~ . ., ~, EXHIBIT "B" PROJECT COST AND CASHFLOW WPI NO. 6826663 JOB NO. This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the County of Monroe dated ". --- I. PROJECT COST: $ 200,000.00 TOTAL PROJECT COST $ 200,000.00 II. FUND PARTICIPATION: Federal Participation UMTA, FAA, FRA O%} Public Agency Participation In-Kind Cash ( O%) ( 50%) Department Participation Primary (D) 50%} Federal Reimbursable (DU)( O%} Local Reimbursable (DL) ( 0%) $ -0- $ -0- $ 100,000.00 $ 100,000.00 $ -0- $ -0- TOTAL PROJECT COST $ 200,000.00 III. ESTIMATED CASHFLOW OF STATE FUNDS ( $ x 1000) Fiscal Year 1st Qtr. 2nd Qtr. 3rd Qtr. 89/90 o 0 50 '-,-'''-- "~"'.-~~..'~.. "-':->"'-"~-""~llOafe>",~~_,~."""~._,,,,..'l<'." ,,,~,"-."_"'.".'_.._ 4th, Qtr. 50 "-r I".... - \:J ~ .. l: I _ ~~:i ,~ .~~ :1 0'. "J' .t! , , ,i , .~ ,:~ J '1 .'J -$ .''t. ".;;:-} "1.71 ,;4 "~ :I~.:'" ;~ ",";.." :11 (~ .'..~ ';1 .~~~ -; li :l .~ ;ji ~'''l ~ ~ ,'ij ~ ~ '.~ 1 ;., " ,- , ,-~ .i~ /) ! .~ ;~ ,,!j .1- .. ') :1 1 ;,~ J '~l j ;i ~ ~ .;JJ ~l .. .~.... . \ :j ~ WPI NO. 6826663 JOB NO. EXHIBIT tIC" REQUIRED SUBMITTALS/CERTIFICATIONS AND BASES FOR THEIR ACCEPTANCE BY THE DEPARTMENT This exhibit forms an integral part of that certain Joint Participation Agreement between the Stale of Florida, Department of Transportation and the County of Monroe dated SUBMITTAL/CERTIFICATION RESPONSIBILITY Consultant Selection Compliance Agency Attorney Certification Feasibility Study (if necessary) N/A PE/EIS (if necessary) N/A Design Submittal 90% 100% Department Letter Department Letter Construction/Procurement Agency Certification MBE Compliance Agency Certification Safety Compliance Agency Certification Audit Reports Agency Certification "y -....,."..._-,.~, ~~_.>_."'..'-~.""-"....'''-'"'"'"._~~~. "..' ~""".~.~1'"","'",,,,,..,,,.,~~.,.~>.. .... __ _.._.._-......-~,._~__._ ',;3.", ;, ~ if ?t'. {~~ ~. "i,' '~ i~ , , .' . ~~ ,,' ~ ~i! t~ ,'..... :~ ,',' ',~ ~~ ~. ~ I .;; ;;~ \ :1 i; ;,~ :i , .' ~~ '~ ,'",' ,OJ ',"1 i:; ;~~ ,. -.,:, ;. ~ ~ ~':i ,~. ;~ ';i ~~ "~ , . --J; ',' :~ '-~ ~~ ,~ ..\ :1 ;1 A ;~ ;~ 'if '~ :, ::j "l i . " WPI No. 6826663 JOB No. EXHIBIT "DIl SPECIAL ECONOMIC DEVELOPMENT CONDITIONS This exhibit forms an integral part-uf that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the County of Monroe dated 1. The project must be revenue producing at fair market value of land and improvements. 2. The net, proceeds fron the project must be used for airport related projects. These'funds may be used for airport maintenance, airport operations, or matching funds for capital projects on the airport. 3. If project proceeds are used for non-airport purposes, the full amount of the State grant will immediately become due and payable to the Florida Department of Transportation. This proviso applies during the full useful life of the project which is deemed to be 20 years. 4. The project must comply with all applicable building codes and other statutory requirements. 5. The use of owner furnished equipment and supplies is encouraged. This includes owner purchased pre-engineered bUildings for erection by others. 6. The sponsor will maintain a separate ledger account to record financial transactions for the project during its useful life. 7. The sponsor will report annually all project related receipts and disbursements to the Department of Transportation for the entire useful life of the project. 8. The sponsor agrees to procure and maintain in force for the life of the project (as applicable) insurance in the amounts of: Per Injury Per Accident Public Liability $250,000.00 $500,000.00 Property Damage 250,000.00 200,000.00 500,000.00 200,000.00 Fire and Extended Coverage 'J'"