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Resolution 388-1988 Art Skelly Director of Airports RESOLUTION NO. 388 - 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 CONSTRUCTING AUTO PARKING FACILITIES AT 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 constructing auto parking facilities at Key West International 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 Byg~ ~ o a a~ an (Seal) Attest: DANNY L. KOLHAGE, Clerk ~..L~J&~ .At:iP~z' ~'... rOC'L'fi '''.? .,~, '- '~r ,~ .,,> t . .1th ~.f' .-.. "I'-r< 1J-M, A<.G)~;';;'T C;,':NC'I. ",_ f.'}' ,I, -----------'"-_._.__.._. _~M__.__ ,~~.,,:~... ,~~,"": ,"/". Form 801-01 9/87 ========================================================================== WPI No.: 6826695 Fund: 010 Function: 637 F.A. No.: Contract No.: SAMAS Approp: 050098 SAMAS 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 , 19tt by and between the STATE OF FLORIDA DEP MENT 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 of Agreement: The purpose of'this Agreement is to provide for the undertaking of Constructing Auto Parking Facilities at Keywest ~nternational Airport. and as further described in Exhibit( s) A. B. & C attached hereto and by this reference made a part hereof, hereinafter called the Project, and to provide Departmental [manciaI 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 wiil be undertaken and cOlI!pleted. ;: Form 801-01 9/87 2.00 Accomplishment of the ,Project: 2.10 General Requirements: The Agency shall comme ace, and complete the Project as described in Exhibit WAW with all practical dispatch, in a sound, economica~ 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 proseeute~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 OthCl' 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 "Co. 3.00 Project Cost: The total estimated cost of the Project is $ 500,000.00 . This amount is based upon the estimab summarized in Exhibit WB" 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 $250,000.00 as detailed in Exhibit "B", or in an amount equal to the perccntage(s) of total project cost shown in Exhibit wBw, whichever is less. 5.00 Front End Funding: Front end funding XisJ: (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). 5.10 Retainage: Retainage ~ (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. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: Prior to the executiollof 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 Form 801-01 9/87 6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule of the Department funds to be expended on the Project. 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 form the approved schedule in Exhibit -E" 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 facilitat: the administration of the financing program, separate accounts to be maintaiued within its existing accounting system or establish up independent accounts. Such accounts are referred to herein coIIectively 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 fInal 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 Depa tr:lent pursuant to this Agreement and all other funds provided for, accruing to, (: otherwise received on account of the Project, which Department payments ar; I other funds are herein collectively referred to as "Project Funds". The Ag:ncy 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 tne 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 Projec' Costs: All costs charged to the Project, including any approved services contrii)Ued 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. AIl checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shaH be clearly identifIed, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: The Ag~ncy shall provide for each of its fiscal years for which the Project Account rem :liJ:s open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, " 3 Form 801-01 9/87 reflecting in detail the use of the funds of the Department, the Agency, and 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 ~hall: . 1. File with the Department o(Transportation, District. ~ 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 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: ~ubject to other provisions hereof, the Department will honor such requisitions u amounts and at times deemed by the Department to be proper to ensure the c.mying 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 Conmct 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. 4 Form 801''()1 9/87 830 Disallowed Costs: In determining the amount of the financing 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 attnoutable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. A letrer 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 aU 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 Form 801-01 9/87 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 understood 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 tbe policy of the Department that minority business enterprises as defmed in 49 CFR Part 23, as amended, shall have the maximum opportunity .10 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 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 ne~ssary and reasonable steps m 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 AdmiIiistratiOii'."" _.. ,. _ , Funding is a part of this project, the th~ Agency must comply with Subpart (E) of CFR 49, Part 27, as amended. 6 Form 801-01 9/87 13.10 Equal Employmeu. Opportuuity. In COnnection with the eanying out of any Project, 'he Ageucy shall no' discrimmate aga;".. any employee or applkant for employmen. because of ra"", age, aeed, col"" ... '" national orig;". The Ageucy will talce aIlirmative action '0 ensure that applicants are employed, and that employees are trea.ed during empJoymeo~ wi.hout regard '0 'heir race, age, aeed, color, '0>; or national .orig;". Such action .haD _. melude, bu. uo. be thaited '0, the foliowing:. Employmen. upgrading, demotion, or transfer; reaaitmeut or recruitmeut adve"ising; layoff or termination; ra.es of payor o'ber fonu. of compeu.ation; and .e1ection for tr....g, meluding apprenticeship. The Ageucy .haD inse" the fo<cgomg provision modified only to show the particuiar cou,,,ctual <cia'iouship m aD its contracts m connection with tbe development of operation of 'he Project, """pt con.racts for the "andard commacial .upplies or raw materials, and .baD require aD ,uch COntractors '0 ius". a .imilar pmvi.ion m aD .ubcontracts, except ,ubcontracts for slandard commercial .upplies or raw material.. When the Project mvolves ins'aDatioo, conslruc.ion, demoli'ion, removal, .ite impmvemen~ or similar work, the Ageocy shali post, m con'picuous pia"". available '0 employees and applicants f", employment for P'oject w"'k, no'ices '0 be p'ovided by the Department setlmg forth the provisions of the nondiscrimination clause. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.20 Title VI - Civil Right. Act of 1964, The Agency will comply with all the requi,ements imposed hy Title VI of the Civil Righ.s Act of 1964 (78 StalUte 252), the Regulations of the Fed"aI Department of Transpo,'ation issued thereunder, and the aSSurance by the Agency pursuant thereto. 13.30 Prohihited In'eres." . Neith" the Agency nor any of its contractors Or their subcontractors shall enter into any contract, SUbcontract, or ar"ngement m connec.ion with the Pmject 0' -any Propedy meluded or planned to be meluded m the P'ojec', m which any member, officer, 0' employee of the Agency 0' the 10eality du'mg his 'enure Or fo, one year th"eafter has any int"est, direct or indicecl. If any soch p'esent or fonner member, offi""r, 0' employee involun'arily acqui,es or had acquired prio, '0 the beg;"ning of his tenure any .uch in '''es., and if >uch mterest is immedia.ely diselosed to the Agency, the Agency with pdor approval of the Depar.ment, may waive .he . prohibition co,,'ained m .his subsection: Provided, that any such p'esent member, officer or employee shall no. participa'e in any action hy the Agency or the locality relating to such contract, SUbcontract, or arrangement. The Agency shall inse't in all contracts en'e,ed in.o in connectioo with the Project or any p'ope,ty meluded or planned '0 be ineluded in any Project, and .hall require i.s coo'"c'ors to inse,. in each of their subcontracts, the follOwing provision: "No membe" officer, 0' employee of .he Agency Or of the locality dUru.g his tenuce 0' fo, One yeac 'h"eafter shaD have any in.".... direct 0' indirect, in this Contract or the proceeds thereof.. The pro"""on. of this subsec'ion shaD not be applicable to any agreement between 'he Agency and i.s C'SeaI deposi'ories, or '0 any _en. fo, utility services 'he rates fo, whkh ace C..eil 0' COu.rolled by a Govenuu<n.a1agency. . 13.40 In......t of Members of, or Delegates '0, Congros" No member or delega.e to the Congress of 'he Uaited S.a.es .haD be admitted '0 any .hare Or part of the Agreement or any benefit arising therefrom. 7 Form 801-01 9/87 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 desigped 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 shaH 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 financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance wi~h 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 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. 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-I02, Attachment N, relating to property management standards.' Toe' 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. 8 Form 801-01 9/87 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 agre-ement 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 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 win 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 shan 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 shan 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 periOd for-' completion of the Project (:is)~}C 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 win expire unless an extension of 9 Form 801-01 9/87 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 fonn shall extend to and include the plural. All words:used in the plural fonn 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. 10 Form 801-01 9/87 IN WITNESS WHEREOF. the parties 'her~to have caused these p~eseDts be executed. the day and year flIst above written. AGENCY By:g~~, .t TITLE:"'" Je" AIIt ..,u I ATTESTDANNY L. KO~E, Clerk 'I2.L ~ ;t-1'~ ~ "t"~r'r.. ,'fL'?'> J '. .li/.'t Lr ,....: " ~ .')}' ......._...,,--_..,.~..~ . ,,-1t/ I,-",~ I:',' 11 DATE FUNDING APPROVED BY COMPTROLLER'S OFFICE (SEE AITACHED ENCUMBRANCE FORM) APPROVED AS TO FORM. LEGALITY -AITORNEY. DISTRICT DEPARTMENT OF TRANSPORTATION DEPUTY ASSISTANT SECRETARY OF TRANSPORTATION. DISTRICT or DISTRICT DIRECTOR OF PlANNING AND PROGRAMS ATTEST: (SEAL) EXECUTIVE SECRETARY OR NOTARY WPI No. 6826695 Job No. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBLITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the STA1E OF F1.ORIDA, DEPAR1MENT OF 1RANSPORfATION am the muNIY OF r-l)NROE dated ..J-U, _"'" . PROJECT : Key West International Airport ~nroe Coonty PROJECT IESCRIPI'ION: Construct Auto Parking Facility IEITER OF 00 PREJUDICE: This project is the subject of a "Letter of No Prejudice: from the Department to the Public Agency, dated February 22, 1987, a copy of which is attached hereto and made a part hereof, and accordingly, all eligible costs incurred since that date may receive State funding and all costs prior to that date, whether eligible or not may not receive State fuming. SPECIAL CONSIDERATIONS BY PUBLIC AGENCY ooNE SPECIAL CONSIDERATIONS BY DEPARTMENT IDNE 1 of 3 . BOB MARTINEZ GOVERNOR 'Department of Transportation Florida' Florida Depart:mant of Transportation Multi-+kx3al Programs Office , 602 South Miami Avenue Miani, Florida 33130 KAYE N, HENDERSON SECRETARY Mr. A.R. Skelly Director of Airports Key West Intemational Airport 3491 S. Roosevelt Blvd. Key West, Florida 33040 I ~~~ l~~ ~VI ~ Date: FEB 2 2 1988 ' I&r Mr. ~.R: ~lY' . < f' ~ RE: :~~i~to park:~ Lot Facility _ Key West Internaticnal Airport ~. vc----- fill \ v(ft ./1 We have been advised that the County of Monroe is prepared to proceed with the referenced Project. We 'concur with yoor intention to expedite this Project. Fl.1rtr..er, the . Florida Depart:mant of TransPOrtation has programned State funds for the Project. The proposed State participation is awroximately $250,000.00. . ~hJrilll..i_~:thiB Istt.er of No Prej~, and any costs incurred in connection with the Project subsequent to the date of this letter may be eligible for State participation, subject to the tenns of a Joint Participation Agreemmt between the COUnty of M::>nroe and the Department. However, canpliance in the interim with provisions of our standard Joint Participation Agreement, copy attached, is required as a CCIldition of the Department's participation. It is to be clearly understood that this authorization carries no ocmnitment to the Project or implication that the project will receive the final awroval of the State, and that State participation will be subject to the t.eDns of a Joint Participation Agreanent bebleen the County of let:>nroe am the Department of Transportation. It should be further uOOerstood that any ccmni tIre1t by the Department is contingent on legislative approval of the Department annual budget an on availability of funds. l 'rt ..~ 2 of 3 . ... Mr. A.R. ~lly Page Two You should also be aware that if a Joint Participation Agreement is executed it will require that all plans and specifications conceming the Project be subnitted to the Department for review and written acceptance by the Deparbnent. Failure to obtain such written acoept:arx,e will be sufficient cause for non-payment by the Department. In additia1, all contracts or other d>ligating docurrEnts rrust be subnitted to the Department for review and written acceptance prior to 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. , Planning & Programs ~/nrrw CC: Jack Johnson Fbil Sellers L. Carl Filer Um Bivins t ._". -po && 3 of 3 WPI No. 6826695, Job No. EXHIBIT "B" I ~,COST AND CASHF'LO.<J \ This exhibit forms an integral part of that certain Joint Participation Agreement between the Sl'A1E OF FLORIDA, DEPAR'IMENI' OF 1BANSPORTATlOO and the COONIY OF ~ dated ,. ...,t.. ~ 1. PROJECT oosr 6826695 , $ 500,000.00 'JUrAL PROJEcr COST $ 500,000.00 II. FUND PARTICIPATION: Federal Participation FAA ( 07.) $ 0 Public Agency Participation Cash ( 5070) $ 250,000.00 Department Participation (50%) $ 250,000.00 Primary (D) 'IUl'AL PROJECT COST $500,000.00 III. ESTIMATED CASJiF'LO.oI OF STA1E FlJNDS ($ x 1000) Fiscal Year 88/89 1st Qtr. 2m Qtr. 3m Qtr. 4th Qtr. o 50 100" 100 ..' 1 (If 1 '. WPI No. 6826659, Job No. EXHIBIT "C" ~RFD SUBMITTAlS/CERTIFICATIONS AND BAS R 'I11EIR ACCEPfANCE BY '!HE DEPAR'IMENI' This exhibit forms an integral part of that certain Joint Participation Agreement between the STAlE OF FLORIDA, DEPAR'IMENI' OF TRANSroRTATION and the mUNIY OF tvDNROE dated i' - J' . i' ~ SUlMITTAL/CERTIFlCATION RESPONSIBILI'IY Consultant Selection Compliance Agency Certification Design Submittal Construction/Procurement Department Letter MBE Compliance Safety Compliance Audit Reports Department Letter Agency Certification Agency Certification Agency Certification 1 of 1