Resolution 408-1987
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Monroe County Commission
RESOLUTION NO. 408-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR/CHAIRMAN OF THE
BOARD TO EXECUTE A JOINT PARTICIPATION
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND MONROE
COUNTY FOR MARATHON AVIATION BOULEVARD
ARTERIAL ACCESS ROAD.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby approves and
authorizes the Mayor/Chairman of the Board to execute a Joint
Participation Agreement by and between the State of Florida
Department of Transportation and Monroe County, a copy of same
being attached hereto and made a part hereof, for Marathon
Aviation Boulevard Arterial Access Road.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of October, A.D, 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B./2~,-~
MA PRO TEM
(SEAL)
Attest : DANNY L. KOLHAGE, Clerk
-/J.A '/?~~~
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WPI M). 6120000 FUND 010 SMAS APP'lQ). 103655
FtR:'l'IOO Zl5 SAlQS C&J. 790080
JOB W. P.A. 11>. ORG. aDB 55064010606
CXIfJ.'MCl' NO. VENDOR tIl. Vl'596000749009
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LOCAL GOY!RNM!NT COOPERATIVE ASSISTAIO PBOGRAM
JOINT PARTICIPATIaf AGREEMENT
BE'lWEEN
STATE OF FLORIDA DEPARTMENT OF 'l'RANSPOR'l'A'1'IOO
AND
MONROE COUNTY
FOR
MARATHON AVIATION BOULEVARD ARTERIAL ACCESS ROAD
THIS AGREEMENT, made and entered into this _ day of
, 1981...,
by and between the STATE OF FLORIDA DEPAR'.l'MBNT or TRA!fSl'CRl'A'l'ICIt, hereinafter
called the wDEPARTMENTw, and MONRO! COUNTY
,
hereinafter called the WLOCAL GOVERNMENT..
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Wl'l'NESSE'l'H
WHEREAS, the DEPAR'l'MEm' is prepared to participate under the Local
Government Cooperative Assistance Program pursuant to Section 335.20 F. S. at no
more than 20\ of the estimated eligible cost of the -PRQ1ECT- described as
follows:
provides for the undertaking of a Trarisportation Inprovement Project consisting
of right of way acquisition, planning, prelimincu:y engineering, design and
construction of the proposed Marathon Aviation Boulevard Arterial Access Road.
hereinafter called the -PROJECT-, and,
WHEREAS, the LOCAL OOVERNMENT has satisfied the requirements of Rule 14-89,
F .A.C. and the PROJECT is eligible for participation in the Local Government
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Cooperative Assistance Program pursuant to Section 335.20, F.S.
tI:M, THEREFORE, in consideration of the mutual benefits to be derived from
joint participation in the PROJECT, the parties agree to the following:
1. The purpose of this agreement is to provide for the allocation of state
financial assistance to eligible local governments on projects eligible
pursuant to F.S. 335.20, Rule 14-89, F.A.C. and/or the Florida Transportation
Plan.
2. The Local Government will prepare the plans, specifications and
estrmates for the project. Projects on the State Highway System will
incorporate Department Standards and will be reviewed and approved by the
DEPARTMENT prior to letting.
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3. The LOCAL ~1MENT will prepare an endangered species biological
assessment. The assessment is to include iupacts to endangered species and
their habitats associated with the project, and coordination with the
appropriate local, state, and federal agencies, e.g. us. Fish and Wildlife
Service (t;ational Key Deer Refuge), and Florida Game and Fresh Water Fish
Conunission. If impacts are identified, a mitigation plan JIIlSt be prepared by
the LOCAL OOVERNMENT and submitted to the DEPARTMENr for final written
approval.
4. The IJXAL 00VER!ImNT agrees to administer this PRnJ1l'C'1' in carpliance
with all laws governing the DEPARTMENT.
5 . No amount of funds provided pursuant to this Agreement shall be
expended for the relocation of utility lines, including but not limited to,
electric utilities, sewers, and natural gas utilities.
6. The DEPAR'!MENT shall proVide the I..CO\L oovm1MEN'l no more than 20\ of
the PROJOCT's estimated eligib~e cost. The DEPARTMENT'S participation is not
to exceed $ 117.062
. The terms of disbursement are indicated
in this paragraph below but in no case shall an advance exceed the expected
cash needs of the LOCAL GOVERNMENT within the initial three (3) months.
Thereafter, disbursements shall only be made on a reimbursement basis, upon
submission of paid contractor estimates.
The Department shall make partial
payment for costs in curred and paid by the Public Agency.
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7. The IOCAL GOVERNMENT is ultimately responsible for all cost overruns.
8. At the discretion of the DEPAR'.rMENT, the DEPARTMENT may agree, in
writing to participate in cost overruns on a PROJECT, subject to availability
of fundsl such participation is limited to twenty percent of eligible cost
overruns.
9. In the event this COntract is in excess of TWENTY PIVE T!DJSAND DOLLARS
($25,000.00) or has a tenn for a period of more than one year, the provisions
of Chapter 339.l35(8)(a), Florida Statutes are hereby incorporated.
WThe Department shall not, during any fiscal year, incur any
liability, or enter into any contract which by its tenns, 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
commi tment of funds. Nothing herein contained shall prevent the
making of contracts for a period exceeding one year, but any contract
so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeedir19 fiscal yearsl and this
paragraph shall be incorporated verbatim in all contracts of the
Department in excess of $25,000.00 and having a tenn for a period of
more than one year..
10. The LOCAL GOVERNlmNT agrees to keep ~lete records and accounts in
order to record c:onplete and correct entries as to all cost, expenditures and
other items incidental to the offering for public bid and prosecution and
construction of the PROJOC'l'. No funds provided by the DEP.AR'DmN'l' shall be
expended for other than eligible expenses for the PRO.m:T.
Such books and records shall be available at all reasonable times for
examination and audit by the DEPARTMENT, as well as other State and Federal
.
auditors. Incomplete or incorrect entries in such books and records will be
grounds for disallowance by the DEPARTMENT of any fees, expenses or costs based
on such entries.
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11. The LOCAL GOVERNMENT agrees to keep such records and accounts and to
require any anCl all contractors and subcontractors to keep such records and
accounts as may be necessary to substantiate its request for payment from the
DEPARTMENT. Such books and records shall be available at all reasonable times
for examination and audit by the DEPARl'MEN'l' and shall be kept for a period of
five (5) years after the corrpletion of all work to be perfoJ:11led pursuant to the
Agreement. Incanplete or incorrect entries in such books and records shall be
grounds for disallowance by the DEPARTMENT or any fees or expenses based upon
such entries.
12. The IOCAL GOVERNMENT warrants that it has not enployed or obtained any
company or person, other than bona fide errployees or consultants of the IDeAL
GOVERNMENT to solicit or to secure this Agreement and it has not paid or agreed
to pay any corcpany, corporation, indiviClual or firm, other than a bona fide
employee or consultant etrployed by the LOCAL GOVERNMENT. For the breach or
violation of this provision, t~e DEPARTMENT shall have the right to terminate
the Agreement without liability at its discretion and to withhold additional
payments or funds budgeted and allocated for the PRC>JFrl'.
13. This Agreement or any interest herein shall not. be assigned,
transferred or otherwise encumbered under any circumstances by the LOCAL
GOVERNMENT without the prior written consent of the DEPARTMENT. However, the
Agreement shall be binding to the DEPARTMENT and its successors.
14. To the extent allowed by the laws of Florida, the LOCAL GOVERNMENT
hereby agrees to idemnify, defend, save and hold harmless the DEPAR'l'MENT from
all.claims, demands, liabilities and suits of any nature arising out of,
because of, or due to any negligent act or occurrence or anission or COI1II\ission
of the LOCAL GOVERNl-mNT, its agents, or eIli'loyees. It is specifically
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understood and agreed that this indemnification clauses does not caver or
indemnify the DEPARTMENT for its sole negligence or breach of contract.
Performance of this A<jreement is the specific consideration fran the DEPARTMENT
to the LOCAL GOVERNMENT for the LOCAL GOVERNMENT'S indesmity agreement. LOCAL
GOVERNMENT agrees to have its construction contractor indenmity the DEPARTMENl'
in the same language as the LOCAL GOVERNMENT.
15. This agreement shall continue in effect and be binding on both the
LOCAL GOVERNMENT and the DEPARTMENT until the PROJECl' is completed, final costs
are known and appropriate reimbursements are made by the LOCAL GOVERNMENT or
DEPARTMENI' .
16. If the LOCAL OOVERNI-:IEN1' abandons the PRW'B:'l' or for any reason the
carmencement, prosecution, or timely canpletion of the PROJEC'l' by the LOCAL
GOVERNMENT is rendered inprobable, infeasible, i.np)ssible, or illegal, the
DEPARTMENT may, by written notice to the lOCAL ~, suspend any or all
of its obligations under this A~t until such time as the event or
condition resulting in such suspension has ceased or been corrected, or the
DEPARTMENT may terminate any or all of its obligations under this Agreement.
17. The DEPARl'MEN'l' shall exclude all PROJECT costs incurred by the IOCAL
GOVERNMENT prior to the effective date of this Agreement or prior to the date
of the PROJECT grant application.
18. If the PROJEX:T is on the State Highway System the MBE requirements of
49 CP'R Part 23 and Section 339.0805, F.S., shall apply to the Agreement.
Minority business entexprises and disadvantaged business enterprises shall have
the maxiJtlJJ'ft opportunity to participate in the perfonnanee of PR.OO1:X:'l' contracts.
19. The LCCAL GOVERNMENT and its contractors shall not discriminate on the
basis of race, age, color, national origin, or sex in the award and performance
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of PROJEX:T contracts and the selection of applicants for enployment in
connection with the carrying out of any PROJECT.
20. If any provision of the 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 tems and requirements of applicable law.
21. The parties agree that venue for any legal proceedings arising out of
this agreement shall be in Leon County, Florida.
IN WITNESS WHEREOF, the IOCAL GOVERNMENT has caused this JOINT PROOEC'l'
AGREEMENT to be executed in its behalf this
day of
, 198_ by
the OIAIRMAN, authorized to enter into and execute same by ReSOlution No.
of the Board on the _ day of
, 198__
LCCAL OOVERNMENT
DEPARTMENT or 'l'RANSPmTATION
BY:
APPROVED FOR FUNDING:
TITLE:
CDMPTROLLER
ATTEST:
(SEAL)
APPROVED AS ro FCmM, LEGALITY
AND EXECUTICfi
TITLE :
ASSIS'.l'>>Pl' AT'lURNEY
DEPAR'.l'MEN1' OP 'mANSPOR'l'A'l'IaI
.
f.p 'if!:D AS TO FORM
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01,' .I' ,,1, ,,,)r-,'I'J"~;' v"
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I:UDTflCy"S Office
Di.t~i~~.~~recto~ PlanninR & Programs
DIS'l'RIC!'
A'rl'BS'l': ( SEAL)
BXID1l'1VE SBCRBTARY
OR NO'1'ARY
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WPI No. 6120000
Job No.
EXHIBIT "A"
This Exhibit forms an integral part of that certain Joint
Participation Agreement between the STATE OF DEPAR'DmNT OP
TRANSPORTATIOO AND tD4ROE CDUM'Y, FLCItIDA dated , 1987,
providing for the undertaking of a Transportation Inprovement Project
consisting of right-of-way acquisition, planning, preliminary
engineering, design and construction of the proposed Marathon Aviation
Boulevard Arterial Access Road.
A. GENERAL
The proposed Marathon Aviation Boulevard Arterial Access Road,
which would provide east-west traffic access across the central
portion of Key Vaca northerly of o.s. 1 to and from the east and
west populated areas of the Key and around the existing Marathon
Airport thus diverting such traffic off of O.S. 1.
Funding for this project is provided through Rule O1apter 14-89,
Florida Administrative Code, entitled "Local Government
cooperati ve Assistance Program. It
B. PROJECT DESCRIPl'ION
The Marathon Aviation Boulevard Arterial Access Road will extend
northwest along 107 street from u.s. 1 to Aviation Boulevard,
southwest along Aviation Boulevard to apporoximately 72 street,
southeast along 72 street to U.S. 1. This proposed alignment is
10,950 feet in length.
C. JOINT PARTICIPATIOO FUND PAYMENT
The Department shall make partial payment for costs incurred and
paid by the Public Agency.
Three (3) copies of each request for payment shall be ~'l96Jlied
by supporting documents.
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W.P.I. No. 6120000
Job No.
EXHIBIT -B"
This Exhibit forms an integral part of that certain Joint
Participation Agreement between the STATE OF F1CJUDA DEPARrMENT OF
TRANSPORTATION and ~ OOUNTY, FWRIDA dated ,
1987, providing for the undertaking of a Transportation Inprovement
Project consisting of right-of-way acquisition, planning, preliminary,
engineering, design and consb::Uction of the proposed Marathon Aviation
Boulevard Arterial Access Roads.
A. GENERAL
The estimated cost of the Project described in Exhibit -Aw of this
Agreement is based upon the Project Budget as subnitted in Monroe
County r s application for the -Local Government Cooperative Assistance
Program- .
B. PROOEC"1' BUOOET
WPI NO. Description
ESTIMATED OOSTS
FOOl' Local Total
Construct Marathon Aviation Boulevard Arterial Access Road
l. ROW Acquisition $ 7,000 $ 28,000 $ 35,000
2. Planning 5,000 20,000 25,000
3. Preliminary Engineering 6,070 24,280 30,350
4. Design & Construction 88,350 353,400 441,750
5. Project Administration 10,642 42,568 53,210
Total $117,062 $468,248 $585,310
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C. ESTIMATED CASH FLCM (State Funds Only)
FY 87/88 FY 88/89
0-3 Q-4 0-1 Q-2
20,000 30,000 30,000 37,062
Project Administration costs directly associated with the project will
be treated as follCKrls:
1) Prior to any local ccmniblent or expenditure, the local agency
will submit to the District office a written request of
partiCUlar administration cost items.
2) The District will review the request and an appropl'iate written
response will be made by the District Office.
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