Resolution 387-1988
Art Skelly
Director of Airports
RESOLUTION NO. 387 -1988
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 RENOVATING THE
AIRPORT TERMINAL BUILDING AT THE KEY WEST
INTERNATIONAL 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
renovating the Airport Terminal Building at the Key West Interna-
tional Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of August, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g&;;~ ~
ay al.rman
(Seal)
Attest:Dl.1.NNY L. KOLHAGE, Clerk
../2.1, /J~I,I)~
APPRJWEl'JA~TO ORM
AND t~ S 'FF/ tENCY.
BY" t
Attorney's Office
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WPI No.: 6826662 Fund: 010 . SAMAS Approp: 050098.
". 1P:>wJ;.J.'- Function: 637 SAMAS Obj.: 790050
Job No.: FA.. No.: .Org. Code: b-S;~,;;1.0;20~;tB
Contract No.: Vendor No.: 'Ir.5JiltJtJ07"1-9{)fJG":
....a~=.===========================================~==========
STATE OF n.ORmA DEPARTMENT OF TRANSPORTATION
DMSION OF PUBLIC TRANSPORTATION OPERATIONS
JOINT PARTICIPATION AGREEMENT
TIiIS AGREEMENT. made and entered into this J'l:1t day of ~Ii."t .
19 lI-. by aDd between the STATE OF FLORIDA DEPARTMENT OF ORTATION, an
aleDcy ot the State of Florida, hereinafter called the Department, and .
County of Honroe
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
bereiuaCter desaibed, 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 SystCD1.; .
NOW. nIEREFORE, in consideration of the mutual covenants,. promises and representations herein,
the parties agree as tollows:
1.00 Purpose or Agreement; The purpose of this Agreement is to provide for the undertaking of
~~~yat1ng the Airport T~~inal Building at ~~.W~st International Airport.
~..
and as further desaibc:d in Exhibit(s)A ,B, & C attached hereto and by this reference made a part
hereof, hereinafter called the Project, and to provide Departmental fmandal assistance to the Agency
and state the terms and conditions upon which such assistance will be provided and the understandings
as to the JDaDDer in which the Project will be undertaken and completed.
Fonn 801-01
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6.00 Project Budget and Disbursement Scbedule:
6.10 The Project Budget: Prior to the execution of this Agreement, a Project Budget, Exhibit
.B", shall be prepared by the Agency and approved by the Department. The Agency shall maintain said
budget, carry. out . the Project and shall incur obligations against and make disbursements of Project
f1.mds oo1y 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 Q1c Department
Comptroller. . ..
6.20 Schedule or 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 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 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 inslired under Federal plans, or under State plans which have been approved for the
deposit of Project funds by the 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 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 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 contnbuted by the Agency or others, shall be supported by properly executed payrolls, time
records, invojces, ~ontracts, 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
pwposc 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
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Form 801-01
6/88 .
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identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: The Agency shall provide for each of its f!Seal years for which the Project
Account remains open, an audit report prepared either by its official auditor or audit agency or an
independent ~rtified 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 governmont auditing standards for financial and compliance audits and
OMB Circulars A-128 or A-llO. ..:
8.00 Requisitions and Payments:
shall:
8.10 Preliminary Action by the Agency: In order to obtaip- any Department funds, the Agency
8.11 File with the Department of Transportation, District Six, 602 South Miami Avenue, Miami
Florida, 33130 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 ~ 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 AgreeJUent.
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
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 Conflict of 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 in default under
any of the provisions of the Agreement.
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1.30 Disallowed Costs: In determUiing the amount of the financing payment, the Department will
exclude all Projects costs inc1J!I'ed by the Agency prior to t?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 . tb
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 fmancial participation in
the Project shall not constitute a waiver of any claim which the Department may othenvise have
arising out of this Agreement.
10.00 Remission of Project Acco1l.nt 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.
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.
U.OO Contracts of the Agency:
U.I0. 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.
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12.20 Compliance with Consultants" Gompetitive Negotiation Act: It is understood and agreed by
the parties hereto that participation by the Department in a. 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 Prw:ess 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
defined in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with ...oepartment funds under this agreement.
The MBE requirements of 49 CFR 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' dermed 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, n~tional 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 afftrmative 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 an~ 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 Federal
Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
1330 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
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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_
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 periQd 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. : .:
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. S~d 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.
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.
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
plavs 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 closeout 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 IS contingent
upon aD. 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:
~
Form 801-61
6/88 .
.'.
"," "- . I .'J. _ .
.(a) The - Department, during 'any fiscal year, shall . not expend money, incur any liability, or enter
luto any contract whi~. by its terms involves the expenditure of money in excess of the amounts
budgeted as available:.for expenditure during such fiscaCyear. .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 co.ntracts 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 iD..1ill. 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 or Contract: The establishment of a time ilCriod for completion of the Project
(IS)(IXXD) 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 10
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 mUllIIlUID of two
counterparts, each of which so executed sball be deemed to be an original, and such counterparts
together shall constitute one in the same instrument.
9
"
'.;'" ." 4 ,./'7I....r:. . ...
Form' 801-01
,,6/88::'.. .. . ."
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.,.
VVPI NO. 6826662.
. -
JOB NO.
AGREEMENT DATE ~
IN WITNESs WHEREOF, 'the parties hereto have caused these: ,..presents be
executed, the day and year first above written.
AGENCY
DATE FUNDING APPROVED BY COMPTROLLER'S
OFFICE-(SEE ATTACHED ENCUMBRANCE FOAA1)
BY'&'S"~~, ,t"
G/'- .
Tm.E: iliA.". b~/..' If}
(
ATI'EST:
(SEAL)
APPROVED AS TO FORM, LEGALIlY
DANNY L. KOLHAGE, Clerk
~~~1/).~
ATTORNEY
DEPARTMENT OF TRANSPORTATION
DEPUlY ASSISTANT SECRETARY OF
TRANSPORTATION
OR
DIREcrOR OF PLANNING AND PROGRAMS
'" /~'~r;iC![.1. t;1~
ATI'EST:
BY
(SEAL)
A ttornoy'...: :...t.!'!r/)
EXECUI'IVE SECRETARY
OR NOTARY
10
WPI No. 6826662
Job No.
EXHIBIT "A"
=.:
PROJECr DESCRIPI'ION AND RESPONSIBUTIES
This exhibit fonns an integral part of that certain Joint
Participation Agreement between the STATE OF FLORIDA, DEPARIMENI' OF
'IRANSPORTATION aOO the OOUNIY OF ~{)NROE dated ~.
PROJECf :
Key West International Airport
PROJECf DESCRIPTION:
Renovating Airport Tenninal Building
PARAQW>H 4.10. OF 1HE JOINT PARTICIPATION AGREEMENT
If this Agreement is executed prior to furrling being available aOO
approved by the Department Comptroller, note the coOOitions of
Paragraph 4.10 of this Agreement.
SPECIAL CONSIDERATIONS BY PUBLIC AGENCY
N.H;
SPECIAL CONSIDERATIONS BY DEPAR1MENT
~
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I
WPI No. 6826662
Job No.
EXHIBIT "B"
: .,'
PIOJfJ:I' aEI' AND CASHFlGl
nus 'exhibit fo11llS an integral part of tha-t certain Joint
partl=tlon Agreement between the srA1E OF FlOlUDA., IEPAR'IHEm' OF
TIttlE ).n~ aOO the COUNIY OF KlNROE dated --..!l--II... tt .
1.. PII>JECT COOT
; WPI M).
6826662
Amount
$1,000,000.00
'IUI'AL PBOJECT cosr
$1,000,000.00
II. FtH> PARTICIPATION:
Federal Participation
FAA, :EM
Public Agency Participation
Cash
(50i.)
$ 500,000.00
(257.)
$ 250,000.00
(257.)
$ 250,000.00
'IUI'AL PROJECr COST
$1,000,000.00
III ~ ES'J'IMATED CASHflGl OF srATE FUIDS ($ x 1000)
I
i
~.'
Fiscal Year
ty 8lJ/89
lY 89/90
1st Qtr. 200 Qtr. 3m Qtr. 4th Qtr.
o 0 0 125
125 0 0 0
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WPI No. 6826662,
Job No.
EXHIBIT "C"
~UIRED SUBMITTAlS/CERTIFICATIONS AND
BAS FOR 'IHEIR ACCEPTANCE BY THE DEPAR1MENT
This exhibit forms an integral part of that certain Joint
Participation Agreement between the STA1E OF FlORIDA, DEPAR'IMENI' OF
TRANSPORTATION aoo the COUNTY OF MJNROE dated "..,t... ..,
SUJt.fITTAL/CERTIFICATION
RESPONSIBILI1Y
Consultant Selection Compliance
Agency Certification
Department Letter
Department Letter
Agency Certification
Agency Certification
Agency Certification
Design Submittal
Construction/Procurement
MBE Compliance
Safety Comp~iance
Auiit Repotts
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