Resolution 568-1988
,.
Director Community Services
RESOLUTION NO. 568 -1988
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 FLORIDA
DEPARTMENT OF TRANSPORTATION AND MONROE
COUNTY, FLORIDA, PERTAINING TO THE
IMPROVEMENT OF THE AIRCRAFT APRON 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 Florida Department of Transportation and the
Board of County Commissioners of Monroe County, Florida, a copy
of same being attached hereto, pertaining to the improvement of
the aircraft apron at the 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 1st day of November, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~A~i
a a~rman
(Seal)
Attest: DANNY L. KOLHAGE, ~lerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
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WPI No.:' ..6826654
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. Fund: 010
Function: 637
F . A ~. No. :
Contract No.:, ,
BANAS Approp: 050098
BAHAS Obj.: 790050
org. Code: 5-506?01n1q~
Vendor No.: ~"Ql\nnn7L.9nn"
Job No.:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DMSION OF PUBLIC 'TRANSPORTATION OPERATIONS
JOINT PAATICIPATION AGREEMENT
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THIS AGREEMENT, made and entered into this day of
,19 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Departmcnt, and t.hp C:otlnty of Monroe
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hercinaftcr 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 inc:1uding the implementation of an integrated and balanced
transportation system; .
NOW, THEREFORE;' in. consideration .o.f the mutual covcnants, promises and
representations herein, the parties agree as follows:
1.00 Purpose of Agreement: The purpose of' this ,.Agreemcut is to provide
for the undertaking of expanding, sealcoating and's'triping the COll'Dllercial' ':.
aircraft apron at ~ey' West-International Airpor~.
and as further described in Exhibit(s) A J Jtl;..r. attached hereto and by this
reference made a part hereof, hereinafter called the Project, and to provide
Departmental fmandaI 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.
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. 2.00 AccOJDplishmeul or the .Project:
.'2.10 General Requirements: The Agency shall commeac.; and complete the
Project as desaibed in Exhibit -A. with all practical dispatch, in a 'sound,
economical, and efficient manner, and in acc~rdance with' the provisions herem," .
-880 all applicable laws. :.. '.' .. . _' _
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2.20 Pursuant to Federai, State, and Local Law: In the' e~ent thlt any
election, reCerendum, approval, permie, notice;: iii. ~~er Jiroceeding or: .
authorization is ,requisite under applicable law to enable the Agency to enter into
- - " this Agreement or to undertake the Project, ~ereunder, or - to observe, assume or
carry out any of the provisions of the Agreement, the Agency will initiate and
consu:nmate, as provided by law, all actions, necessary with respect to any such
matters so requisite.'
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2.30 Funds of the Agency: The Agency shall inieiate' and prosecute to
completion all proceedings necessary including federal aid requu-ements to enable
the Agency to provide the necessary funds for completion of the Project.
2.40 Submission of Proceedings, Contracts and OthCI. Documents: The
Agency shall submit to the Department such data, reports, records, COntracts
.' and other documents relating to the Project as the Departnleat may require as
::. listed in e.wbit .C.
3.00 Project Cost; The toeal estimated cost of the Project is
S 1,864, 444.00 This amount is based Upon the estimate summarized in Exhibit
eB- ~ - by this reference made a pare hereof. The Agency agrees to bear all
expenses in excess of the total estimated cost of the Project and any deficies
involved.
4.00 . Department-'Participation: The Department agrees to maximum .
participation, including contingencies, in the Project in the aClount of
$-J.3.,~22.00 as detailed in Exhibit eB-, or in an amount equal to the
percentage(s) of total project cost shown in Exhibit eB-, wlUchever is less.
S.oo Front End Funding: Front end funding 0&1 (is[~not) applicable. If
applicable, the Department may initially pay 100% of ,the total allowable incurred
project costs up to an amount equal to its total share. Ot participation as shown
in paragraph (4.00).
S.10 Retain3ge: Retainage ~) (is Dot) applicable. if applicable,
N I A percent of the Department's total share ot 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 executio~ of this Agreement, a
Project Budget, Exhibit eB-, shan b~ prepared by the Agency and approved by
the Department comptroUer. The Agency shall maintain said budget, carry out
the Project and shall incur obligations against and make disbursements o{ Project
Cunds 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.
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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 "B" requires submission of a supplemental schedule
by the agency.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency
shall establish for the Project, in conformity with uniform requirements
established by the Department to facilitate the administration of the financing
program, separate accounts to be maintained within its existing accounting
system or establish up independent accounts. Such accounts are referred to
herein collectively as the "Project Account". The Project Account shall be made
available upon request by the Department any time during the period of the
Agreement and for five years after 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 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 tOe Department, by the deposit or
setting aside of collateral of the types and in the manner as prescribed by State
Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the
Project Account all eligible costs. of the Project. Costs in excess of the latest
approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the Project,
including any approved services contributed by the Agency or others, shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
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. All checks, payrolls, invoices, contracts,
vouchers, orders, or other accounting documents pertaining in whole or in part
to the Project shall be clearly identified, readily accessible, and, to the extent
feasible, kept separate and apart from all other such documents.
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 certified public accountant, .
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reflecting in detail the use of the funds of the Department, the Agency, and
those from any other source wi'th respect to the Project.
8.00 Requisitions aod Payments:
8.10 Preliminary Action by the Agency:, In order to obtain any
Department funds, the Agency shall:
1. File with the Department of' Transportation, District Six
602 S. Miami Ave., Miami Florida, 33130 its requisition on
form or forms prescribed by the Department, and such other data
pertaining to the Project Account (~ defined in Section 7.10 hereof) and
the Project as the Department may require, to justify and support the
payment requisitions, including
(a) the date the Agency acquired the property
(b) a statement by the Agency certifying that the Agency has
acquired said property and
(c) if the requisition covers the acquisition of real property, a
statement signed by the Agency attorney certifying that the Agency
has acquired said real property.
2. Comply with all applicable provisions of this Agreement.
8.20 The Department's Obligations: Subject to other provisions hereof,
the Department will honor such requisitions in amounts and at times deemed by
the Department to be proper to ensure the carrying out of the Project and
payment of the eligible costs. However, notwithstanding any other provision of
this Agreement, the Department 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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8.30 Disallowed Costs: In determining the amount of the fmancing
payment, the Department will exclude all Projects costs incurred by the Agency
prior to the effective date of this Agreement or prior to the date of a Letter of
No Prejudice, costs incurred by the Agency which are not provided for in the
latest approved budget for the Project, and costs attributable to goods or
services received under a contract or other arrangements which have not been
approved in writing by the Department. A 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 al.l 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.
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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
underst<?od and agreed by the parties bereto 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 tbe Department in the Consultant Selection Process for all
projects. In all cases, tbe Agency's Attorney shall certify to the Department
that selection has been accomplished in compliance witb tbe Consultant's
Competitive Negotiation Act.
12.30 Minority Business Enterprise (MBE) Policy and Obligation:
12.31 MBE Policy: It is the policy of tbe Department that minority
business enterprises as dermed 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 Department funds under this agreement.
The MBE requirements of 49 CFR Part 23, as amended, apply to this
agreement.
12.32 MBE Obligation: Tbe 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 oC contracts and this Agreement. In this regard, all
recipients, and contractors shall take all necessary and reasonable steps m
accordance with 49 C.F.R. Part 23, as amended, to ensure tbat the
Minority Business Enterprise bave the maximum opportunity to compete for
and perform contracts. Grantees, recipients and their contractors shall not
discriminate on tbe 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.
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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 afflfIIlative 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 Federal Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto.
13.30 Prohibited Interests: . Neither the Agency nor any of its contractors
or their subcontractors shall enter into any contract, subcontract, or
arrangement in connection with the Project or -any property included or planned
to be included in the Project, in which any member, officer, or employee of the
Agency or the locality during his tenure or for one year thereafter has any
interest, direct or indirect. If any such present or former member, officer, or
employee involuntarily acquires or had acquired prior to the beginning of his
tenure any such interest, and if .such interest is immediately disclosed to the
Agency, the Agency with prior approval of the Department, may waive the '
prohibition con.tained in this subsection: Provided, that any such present
member, 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 locality during
his tenure or for one year thereafter shall have any interest, direct or
indirect, in this contract or the proceeds thereof:
The prOVISIons of this subsection shall not be applicable to any agreement
between the Agency and its fiscal depositories, or to any agreement for utility
services the rates for which are fIXed or controlled by a GovernmentaJagency. .,
13.40 Interest of Members of, or Delegates to, Congress:
delegate to the Congress of the United States shall be admitted
part of the Agreement or any benefit arising therefrom.
No member or
to any share or
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14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for
the acquisition, construction, reconstruction, improvement of facilities or
equipment, shall be presented to the Department for acceptance. In rendering
such acceptance, the Department shall take ,into consideration whether such
facilities or equipment is designed and equipped to prevent and control
environmental pollution.
14.20 Department Not Obligated to Third Parties: The Department shall
not be obligated or liable hereunder to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making
by the Department of any payment to the Agency constitute or be construed as a
waiver by the Department of any breach of covenant or any default which may
then exist, on the part of the Agency, and the making of such payment by the
Department while any such breach or default shall exist shall in no way impair
or prejudice any right or remedy available to the Department in respect of such
breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency
represents that it has not paid and, also, agrees not to pay. any bonus or
commission for the purpose of obt.aining an approval of its application for the
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 equik'ment 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.' Tne'
Agency agrees to remit to the Department a proportional amount of the proceeds
from the disposal of the facility or equipment. Said proportional amount shall be
determined on the basis of the ratio of the Department fmancing of the facility
or equipment as provided in this Agreement.
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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 plans and specifications and will issue to the Agency written
concurrence with any approved portions of the Project and comments or
recommendations concerning any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's
satisfaction, the Department will issue to the Agency written concurrence with
said remainder of the Project. Failure to obtain this written authorization shall
be sufficient cause for nonpayment by the Department as provided in Paragraph
8.23.
16.00 Agency Certification: The Agency will certify in wntmg prior to
project closeout that the project was completed in accordance with applicable
plans and specifications, is in on the agency Facility, that adequate title in in
the Agency and that the project is accepted by the Agency as suitable for the
intended purpose.
17.00 Multi-Year Commitment: In the event this contract is in excess of
$25,000 or has a term for a period of more than one year, the provisions of
Chapter 334.21, Section (8) (a), FJorida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall Dot expend money,
incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available
for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection shall be null and void, 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 commitntent of funds. Nothing herein
shall prevent the making of contracts for a period exceeding one year, but
any contract so made shall be executory only for the value of the services
to be rendered or agreed to be paid for in succeeding fiscal years, and
this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of twenty-five thousand
dollars and having a term for a period of more than one year:
. 18.00 Expiration' of Contract: The establishment of a time 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
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the time period is granted to the Agency in writing by the Deputy Assistant
Secretary, District Six .. Expiration of this contract will be considered
termination of the Project and the procedure established in Paragraph 9.00 of
this contract shall be initiated.
19.00 Agreement Fonnat: All words used herein in the singular form shall
extend to and include the plural. All wordS;used in the plural form shall extend
to and include the singular. All words used'in any gender shall extend to and
include all genders.
20.00 Execution or 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.
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WPI NO. 6826654
JOB NO.
AGREEMENT DATE
IN WITNESS WHEREOF. the parties 'her~to have caused these p;isents be
executed, the day and year fIrst above written.
AGENCY
DATE FUNDING APPROVED BY
COMPTROLLER'S OFFlCE
(SEE ATTACHED ENCUMBRANCE FORM)
BY:
-----
TITLE:
ATTEST:
(SEAL)
APPROVED AS TO FORM, LEGALITY
TITLE:
.ATIORNEY, DISTRICf
DEPARTMENT OF TRANSPORTATION
APPROVED AS TO f1tJ1IM
AND lEGAL 8tJ~
IW L(\\V\\\ 1.\ ~ ._
A~ice '
DEPUTY ASSISTANT SECRETARY OF
TRANSPORTATION, DISTRIcr
or DISTRIcr DfRECfOR OF
PLANNING AND PROGRAMS
ATI'EST: (SEAL)
EXECUTIVE SECRETARY
OR NOTARY
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WPI No. 6826654
Job No.
.;.
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBLITIES
This exhibit forms an integral part of that certain Joint
Participation Agreement between the SI'AlE OF FlORIDA, DEPAR1MENT OF
'ffiANSPORTATION aOO the COONIY OF ~NROE dated
PROJECT :
Key West International Airport
PROJECT DESCRIPTION:
Exparrl, Sealcoat & Stripe the Commercial Aircraft Apron
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lEITER OF NO PREJUDICE:
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This project is the subject a "Letter of No Prejudice" from the
Department to the Public Agency, dated May 5, 1988 a copy of which is
attached hereto and made a part hereof, and accordingly, all eligible
costs incurred since that date may receive State fuOOing aOO all costs
prior to that date, whether eligible or not may not receive State
fuming.
SPECIAL CONSIDERATIONS BY PUBLIC AGENCY
NONE
SPECIAL CONSIDERATIONS BY DEPAR1MENT
NONE
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IIOB JlIARTII'lEZ Kt\ft ". IIEI'IDEIlSOI'I
GOVEMOR SECRETARY
DEPARTMENT OF T~iSPORTATION
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Multi-Modal ProRrams Office
602 South Miami Avenue
Miami, Florida 33128
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Date:"AY 0 5 msa
Mr. A.R. Skelly
Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040
RE:
WPI No.:
6826654 Expand, Sealcoat & Stripe
Commercial Aircraft Ramp
Key West International Airport
County of Monroe
No.: FAA AIP-03
Agency:
Fed. Aid
Dear Mr. A.R. Skelly:
We have been advised that the County of Monroe is prepared to proceed with
the referenced Project.
We concur with your intention to expedite this Project. F'urther, the
Florida Department of Transportation has programmed State funds for the
Project. The proposed State participation is approximately $26,000.00.
You may consider this Letter of No Prejudice, 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 terms of a Joint
Participation Agreement between the County of Monroe and the Department.
However, compliance in the interim with provisions of our standard Joint
Participation Agreement, copy attached, is required as a condition of the
Department's participation.
It is to be clearly understood that this authorization carries no commitment
to the Project or implication that the Project will receive the final
approval of the State, and that State participation will be subject to the
terms of a Joint Participation Agreement between the County of Monroe and
the Departm3nt of Transportation. It should be further understood that any
commitment by the Department is contingent on legislative approval of the
Department annual budget and on availability of funds.
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Mr. A.R. Skelly
Page Two
You should also be aware that if a Joint Participation Agreement is executed
it will require that all plans and specifications concerning the Project be
submitted to the Department for review and written acceptance by the
Department. Failure to obtain such written acceptance will be sufficient
cause for non-payment by the Depar~ent. In addition, all contracts or
other obligating documents must be submitted 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, 602 South Miami Avenue, Miami, Florida 33130 (305) 377-5910.
Sin erely,
M. P
1rector
& Programs
SP/Bw
Attachment
cc: Phil Sellers
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L. Carl Filer
L. Bivins
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WPI No. 6826654
Job No.
EXHIBIT r~~r
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PROJEcr COST ANDCASHFJ..a.l
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This exhibit forms an integral part of that certain Joint
Participation Agreement between the STA1E OF noRIDA, DEPAR'INENT OF
TRANSPORTATION aOO the OOUNlY OF M)NROE dated
1. PROJECT COST
6826654
$ 1,864,444.00
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TOTAL PROJEcr oosr
$ 1,864,444.00
II. F1JND PARTICIPATION:
Federal Participation
FAA (90'7.)
$ 1,678,000.00
$ 93,222.00
$ ".93,222.00
1,864,444.00
Public Agency Participation
" . Cash (5'7.)
Department Participation
Primary (D) (5'7.)
TOTAL PROJEcr OOST
III.
ESTIHA.TED CASHF1.OW OF STATE FUNDs ($ x 1000)
Fiscal Year
88/89
89/90
1st Qtr. 2m Qtr. 3rd Qtr. 4th Qtr.
o 0 !' 30
',30
33.2 0 0 0
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WPI No.
Job No.
6826654
EXHIBIT "C"
~REJ) SUBMIITAlS/CERTIFICATIONS AND
BAS R THEIR ACCEPI'ANCE BY THE DEPAKIMENT
This exhibit forms an integral part of that certain Joint
Participation Agreement between the STA1E OF F1.ORIDA, DEPAR1MENT OF
TRANSPORTATION and the COUNIY OF l-DNROE dated
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SUBMIITAL/CERTIFlCATION
RESPONSIBILI'IY
Consultant Selection Compliance
Agency Certification
Design Submittal
Construction/Procurement
Department Letter
NBE Compliance
Safety Compliance
Audit Reports
Department Letter
Agency Certification
Agency Certification
Agency Certification
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