Resolution 103-1987
Monroe County Commission
RESOLUTION NO. 103-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
AND CHAIRMAN OF SAID BOARD TO EXECUTE A JOINT
PARTICIPATION AGREEMENT BY AND BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND
MONROE COUNTY, CONCERNING THE CROSS BIG PINE KEY
ARTERIAL ACCESS ROAD, AND SETTING THE DATE, TIME
AND PLACE FOR A PUBLIC HEARING TO DISCUSS SAID
CROSS BIG PINE KEY ARTERIAL ACCESS ROAD.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Mayor and Chairman of the Board is hereby au-
thorized to execute a Joint Participation Agreement by and
between the St?-te of Florida Department of Transportation and
Monroe County, a copy of same being attached hereto, concerning
the Cross Big Pine Key Arterial Access Road.
2. That said Board will hold a special meeting on March 26,
1987, at 7: 00 p.m. at the Marathon Courthouse to discuss said
Cross Big Pine Key Arterial Access Road.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 17th day of February, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/;t.
(Seal)
Attest: DANNY L. KOUIAGE, Clerk
-/2L~.~L
ER ,.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY. I
8
LOCAL GOVERNMENT COOPERATIVE ASSISTANCE PROGRAM
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
FOR
CROSS BIG PINE KEY ARTERIAL ACCESS ROAD
WPI 116126631
THIS AGREEMENT, made and entered into this 17th day of
February, A.D. 1987, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT"
and MONROE COUNTY, hereinafter called the "LOCAL GOVERNMENT".
WIT N E SSE T H:
WHEREAS, the DEPARTMENT is prepared to participate under the
Local Government Cooperative Assistance Program pursuant to
Section 335.20, F.S. (1985) at 2070 of the estimated eligible cost
of the "Project" described as follows: a Transportation Improve-
ment Project consisting of right-of-way acquisition, Planning,
preliminary engineering, design and construction of the proposed
Cross Big Pine Key Arterial Access Road and as further described
in Exhibits A & B attached hereto and by this reference made a
part hereof, hereinafter called the "PROJECT", and
WHEREAS, the LOCAL GOVERNMENT has satisfied the requirements
of Rule 14- 89, F. A. C. (1985) and the PROJECT is eligible for
participation in the Local Government Cooperative Assistance
Program pursuant to 335.20, F.S. (1985).
NOW, THEREFORE, in consideration of the mutual benefits to
be derived from joint participation in the PROJECT, the parties
agree to the following:
1. The purpose of this agreement is to provide for the
allocation of state financial assistance to eligible local
governments on eligible projects pursuant to F.S. 335.20 (1985)
and Rule 14-89, F.A.C. (1985).
2. The Local Government will prepare the plans, specifica-
tions and estimates for the proj ect. These will incorporate
Department Standards and will be reviewed and approved by the
DEPARTMENT prior to letting.
3. The LOCAL GOVERNMENT will let and administer the
PROJECT.
The DEPARTMENT will issue a permi.t to the LOCAL
GOVERNMENT to enter upon DEPARTMENT Right-of-Way to accomplish
the construction.
4. The LOCAL GOVERNMENT agrees to administer this PROJECT
in compliance with all laws governing the DEPARTMENT.
5. No amount of funds provided pursuant to this Agreement
shall be expended for the relocation of utility lines, including
but not limited to, electric utilities, sewers, and natural gas
utilities.
6. The DEPARTMENT shall provide the LOCAL GOVERNMENT 20%
of the PROJECT'S estimated eligible cost of $68,469.50.
7. The LOCAL GOVERNMENT is ultimately responsible for all
cost overruns.
8. At the discretion of the DEPARTMENT the State may
agree, in writing to participate in cost overruns on a PROJECT,
subj ect to availability of funds; such participation is limited
to twenty percent of eligible cost overruns.
9. In the event his Contract is in excess of TWENTY FIVE
THOUSAND ($25,000.00) 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.
"The Department shall not, during any fiscal year,
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 sub-
section shall be null and void and no money shall be
paid thereon. The Department shall require a s tate-
ment 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
contained shall prevent the making of contracts for a
period exceeding one year, but any contract so made
shall be executory only for the value of the services
to be rendered or agreed to be paid for in succeeding
fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department in excess
of $25,000.00 and having a term for a period of more
than one year."
10. The LOCAL GOVERNMENT agrees to keep complete records
and accounts in order to record complete and correct entries as
to all cost, expenditures and other items incidental to the
offering for public bid and prosection and construction of the
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PROJECT. No funds provided by the DEPARTMENT shall be expended
for other than eligible expenses for the PROJECT.
Such books and records shall be available at all reasonable
times for examination and audit by the DEPARTMENT, as well as
other State and Federal auditors. Incomplete and incorrect
entries in such books and records will be grounds for
disallowance by the DEPARTMENT of any fees, expenses or costs
based on such entries.
11. The LOCAL GOVERNMENT agrees to keep such records and
accounts and to require any and all contractors and
subcontractors to keep such records and accounts as may be
necessary to substantiate its request for payment from the
DEPARTMENT. Such books and records shall be available at all
reasonable times for examination and audit by the DEPARTMENT and
shall be kept for a period of five (5) years after the completion
of all work to be performed pursuant to the Agreement.
Incomplete or incorrect ,entries in such books and records shall
be grounds for disallowance by the DEPARTMENT or any fees or
expenses based upon such entries.
12. The LOCAL GOVERNMENT warrants that it has not employed
or obtained any company or person, other than bona fide employees
or consultants of the LOCAL GOVERNMENT to solicit or to secure
this Agreement and it has not paid or agreed to pay any company,
corporation, individual or firm, other than a bona fide employee
or consultant employed by the LOCAL GOVERNMENT. For the breach
or violation of this provision, the DEPARTMENT shall have the
right to terminate the Agreement without liability at its
discretion and to withhold additional payments or funds budgeted
and allocated for the PROJECT.
13. This Agreement or any interest herein shall not be
assigned, transferred or otherwise encumbered under any circum-
stances by the LOCAL GOVERNMENT without the prior written consent
of the DEPARTMENT. However, the Agreement shall be binding to
the DEPARTMENT and its successors.
14. To the extent allowed by the laws of Florida, the LOCAL
GOVERNMENT hereby agrees to indemnify, defend, save and hold
harmless the DEPARTMENT for all claims, demands, liabilities and
3
sui ts of any nature arising out of, bec9-use of, or due to any
negligent act or occurrence or omission or commission of the
LOCAL GOVERNMENT, its agents or employees. It is specifically
understood and agreed that this indemnification clause does not
cover or indemnify the DEPARTMENT for its sole negligence or
breach of contract. The parties agree that 1% of the total
compensation to the LOCAL GOVERNMENT for performance of this
Agreement is the specific consideration from the DEPARTMENT to
the LOCAL GOVERNMENT'S indemnity agreement.
15. This Agreement shall continue in effect and be binding
on both the LOCAL GOVERNMENT and the DEPARTMENT until the PROJECT
is completed, final costs are known and appropriate reimburse-
ments are made by the LOCAL GOVERNMENT or DEPARTMENT.
16. If the LOCAL GOVERNMENT abandons the PROJECT or for any
reason the commencement, prosection, or timely completion of the
PROJECT by the LOCAL GOVERNMENT is rendered improbable,
infeasible, impossible or illegal, the DEPARTMENT may, by written
notice to the LOCAL GOVERNMENT, suspend any or all of its obliga-
tions 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.
17. The DEPARTMENT shall exclude all PROJECT costs incurred
by the LOCAL GOVERNMENT prior to the effective date of this
Agreement or prior to the date of the PROJECT grant application.
18. If the PROJECT is on the State System, the MBE require-
ments of 49 CRF Part 23 and Section 339.0805, F.S., shall apply
to the Agreement. Minority business enterprises and
disadvantaged business enterprises shall have the maximum
opportunity to participate in the performance of PROJECT
contracts.
19 . The LOCAL GOVERNMENT and its con tr ac tor s s ha 11 not
discriminate on the basis of race, age, color, national origin or
sex in the award and performance of the PROJECT contracts and the
selection of applicants for employment in connection with the
carrying out of any PROJECT.
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20. If any provision of the Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an
ins tance, the remainder would then continue to conform to the
terms and requirements of applicable law.
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has caused this
JOINT PARTICIPATION AGREEMENT to be executed in its behalf this
17th day of February, A.D. 1987, by the CHAIRMAN, authorized to
enter into and execute same by Resolution No. 103-1987 of the
Board on the 17th day of February, A.D. 1987.
COUNTY OF MONROE, STATE OF
FLORIDA
BY:
Mayor of the Board of
County Commissioners of
Monroe County, Florida
(SEAL)
Attest:
CLERK
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Deputy Assistant Secretary
for District
Attest:
Executive Secretary
llPNWVED AS TO FORM
Al'[) LEI'?,.'!;.'. SUFFICIENCY.
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. _ _L _.---_ _____ __ __ _n_ _.~_ .
"
".
W.P.I. No. 6126631
Job No.
EXIIIBIT A
This Exhibit forms an integral part of that certain Join~
Participation Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPO~TATION and MONROE COUNTY, FLORIDA dated ___________ . 198 ,
providing for the undertaking of a Transportation Imp~ovement Pt-oJect
consisting of right-of-way acquisition. planning, preliminary
engineering, design and construction of the proposed Cross Big Pine
Key Arterial Acces Road.
n.
g~t!~B~6
. .
The proposed Cross Pine ~ey Arterial Access Road will provide
east-west traffic access across the central porLion of Big Pine Key
northerly of US HI to and from the east and west coastal populated
areas or the Key and between I<ey Deer Boulevard (County Road C-940)
and the new shopping center thus diverting such traffic off of US
" 1 .
Funding for this project is' provide~ through Rule Chapter 14-89.
Florida Administrative Code, entitled "Local Government Cooperative
Assistance Program".
8. EBQJ~~I_Q~~~BIEIIQ~
The Cross 81g Pine Key Arterial Access Road will extend from Ships Way
to Hibiscus Drive on Big Pine Key. The Project will consist of
right-of-w~y acquisition, planning, preliminary engineering, de~ign
and construction of the proposed secondary arterial road.
c. JQl~I_enBIl~!E~IlQ~_E~~Q_EnYnstlI
The Department shall make partial payment for costs incurred and paid
by the Public Agency.
Three (3) copies of each request for payment shall be accompanied by
supporting documents.
1 of 1
W.P.I. No. 6126631
Job No.
EXHIBIT 'B'
Thia Exhibit, forms an integral part of that certain Joint, Participation
Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and
MONROE COUllTY, FLOF: Ion dated ______________________' 198 , prov i ding
for the undertaking of a Transportation Improvement Project conslstlng
of right-of-way acquisition, planning, preliminary engineering, design
and const.,rlJction of the proposed Gross Big Pine Key Al't,E.I'ial Access
Road.
A. 9gtH~BOk
The ostimated cost of the Project described in Exhibit "A" of this
Agreement is based upon the Project Budget as su~~it,ted 1n Monroe
County's application for the "Local Government Cooperative Ossist,anc~
Program" .
B. E~QJs~I_~~DgsT
-----------------------.-------------------------------------------------------
, ___________~~Il~nI~Q_~Q~I~________
WE!_~Q~__Q!~~riQ~iQn___________~--------EQQI-------bQ~~!_______IQ~~l___
6126631 Construct Cross Big Pine
Key Arterial Access Road
1, ROW Acquisition
2. Planning
3. Preliminary Engineering
4. Design & Construction
5. Project Administration
Total
$ 7,245.00 $28,989.00 $36,225.00
4,000.00 16,000.00 20,000.00
3,000.00 12.000.00 15,000.00
48,000.00 192,000.00 240,000.00
___g~661~?~___61~~~~~~~___~1~1~~~~~
_~g~~1g~~~~___~72~~7~~~~__~1~~~17~?~
C. EST I 11ATED CnSH FLOW (State Funds On 1 y)
__________Ey_~@L~7_____________EY_~7L~~__________
_______g=~______9=1__________g=1________g=~______
15.000
$15,000
$15,000
$23,469.50
Project Administration costs directly associated with the project will be
treated as follows:
1) Prior to any local commitment or expenditure, the local agency
will submi~ to the District Office a written request of particular
administration cost items.
2) The D1strict will review the request and an appropriate written
response will be made by the District Office