Resolution 155-1987
.-'
County Commission
RESOLUTION NO.l55 -1987
A RESOLUTION AUTHORIZING THE MAYOR, ON BEHALF
OF MONROE COUNTY, FLORIDA, TO ENTER INTO A
LOCAL GOVERNMENT COOPERATIVE ASSISTANCE
PROGRAM - JOINT PARTICIPATION AGREEMENT WITH
THE STATE DEPARTMENT OF TRANSPORTATION AND
ALSO PROVIDING FOR CERTAIN ENVIRONMENTAL
STUDIES AND MITIGATION PLANS.
WHEREAS, it is desired to obtain all assistance available
for the Big Pine Key access road project; and
WHEREAS, it is desired to mitigate any adverse effects on
the Key Deer or other endangered species by the proposed access
road on Big Pine Key and coordinate the construction of the same
with the Army Corps of Engineers, U. S. Fish and Wildlife, the
Florida Department of Natural Resources and any other agency of
the state or federal government with jurisdiction over the
proposed road; and
WHEREAS, in order to mitigate any adverse effects it will be
necessary to enter into a joint participation agreement with the
Florida Department of Transportation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
The Mayor, on behalf of Monroe County, is hereby authorized
to sign and execute the "Local Government Cooperative Assistance
Program - Joint Participation Agreement between the State of
Florida Department of Transportation and Monroe County for the
Cross Big Pine Key Arterial Access Road WPI 116126631."
Such
agreement is herein incorporated by reference.
Additionally,
such agreement shall contain the following paragraph:
3.) The Local Government will prepare an endangered
species biological assessment. The assessment is to include
impacts to endangered species and their habitats associated
with the project, and coordination with the appropriate
local, state, federal agencies, e.g. U. S. Fish and Wildlife
Service (National Key Deer Refuge), and the Florida Game and
Freshwater Fish Commission. If impacts are identified, a
mitigation plan must be prepared by the Local Government and
submitted to the Department for final written approval.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~'-bJ day of 4r(;.j , A. D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
J}
airman
(SEAL)
Attest: DANNY 1... KOLHAGE, Clerk
~~~/
C er
M'pr-?OVED AS TO FOP,'.?'
AM" lEGALSUFFlCIEhC:' rp:'~ ..' ..r
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AtMrneys Office /
2
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LCCAL GCJVERNMENT CCX>PERATIVE ASSISTANCE ProGRAM
JOINI' PARI'ICIPJ\TION AGREEMENT
BE'lWEEN
Sf ATE OF FLORIDA. DEPARI.MENT OF TRANSPORrATION
AND
MJNOOE (X)tMlY
FOR
cross BIG PINE KEY 1\Rl'ERIAL ACCESS roAD
WPI * 6126631
TIllS AGREEMEUI', made and entered into this day of _, 198 _ by
and between the SI'ATE OF F'LORIDA DEPARIMENT OF TRANSPORTATION, hereinafter
called the "DEPAR'IMENT", and the l<bnroe Cowlty, hereinafter called the
":u::x:AL OJVERNfv1ENI'."
WI'lNESSETH
WHEREAS, the DEPARIMENI' is prepared to participate under the Weal
Goverment cooperative Assistance program purSl'lc'111t to Section 335.20 F .S.
(1985) at 20% of the estimated eligible QOst of the "Project" described as
follOlNs: a Transportation Irrprovement Project consisting of right~f-way
aCXJUisi tion, Planning, preliminary engineering, design and construction of
the proposed Cross Big Pine Arterial Access Road and as further described
in Exhjbits A & D. attached hereto and by this reference.made apart
hereof,
hereinafter called the "pRaJEX::T", and,
WHEREl\..S, the ux::AL GOVERNMENT has satisfied the requirements of IbJle
14-89, F.A.C. (1985) and the PROJI.-x::T is eligible for participatlon in the
Local Gove~nt Cooperative Assistance program pur.suant to Section 335.20,
F. s. (1985).
_.._____._....~_._'M._.___._.__..._,._
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NCW, 'THEREFORE, in consideration of the mutual benefits to be derived
fran joint participation in the pRQJEX:T, the parties agree to the
following:
1. The purpJse of this agrearent 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).
..,
" .
'I11e lCCAJ.J ~ will prepare the plans, specifications ,and
estimates for the project. 'l'hese will incorportate Deparbrent Standards
nnd will be reviewed and approved by the DEPARIMENl' prior to letting.
3 . 'I'he I.lX:J\L ~ will prepare C\n endangered species biologicul
assesSIrel1t. 'I11e assessment. is to include impacts to endangered species and
their habitats a!,;sociated with the project, and coordination with the
appropriate local, state, and federal agencies, e.g. us. Fish and wildlife
Service (National Key Deer Refuge), and Florida Gane and Fresh Water Fish
1
Ccmnission. If impacts are identifiJd, a mitigation plan must be prepared
by the IJXAL ~ and suhnitt.ed to the DEPARIMENI' for final written
approval.
4. The I.JX:AL QJVERNMENl' will let and administer the PRQJEX:T. The
DEPARIMENl' will issue a pemit to the :ux:AL aJVERNMENT to enter upon
DEPAH'rMENT Right-of...way to accanplish the construction.
S. The LCCAL ~ agrees to administer this PRQJECf in
canpliance with all laws ,governing the DEPARIMENT.
6 . No amJunt of funds provided pursuant to this Agrearent shall be
expended for the relocation of utility lines, including but not limited to,
electric utilities, sewers, and natural gas utilities.
7. The DEPJ\RIMENI' shall provide the IJXAL GOVERNMFNr 20% of the
PROJECT's estimated eligible cost of $ 68,469.50.
8. The I.JX:AL QJVERNMENl' IS ul tirnate1y responsible for all cost
overruns.
9. At the discretion of the DEPARlMENT t.heState may agree, in writing
to participate in cost overruns on a PRD.JEX:T, subject to availability of
ftmds; such 'participation is limited to twenty perc~J1t of eligible cost
overnms.
. .
10. In the event tlris Contract is in excess of 'fWENl'Y' FIVE TlDUS1\ND
COLLARS ($25,000.00) or has a tem for a period of nore than one year, the
provision!:> of Chapter 339.135 (8) (a), l<'lorida Statutes are hereby
incorporated .
"The Departn-ent shall not, during any fiscal year, incur ru1Y
liability, or enter into any contract which by its terms, involves
the expenditure of noney in excess of the arrounts budgeted as
available for expenduture during such fiscal year. Any contract,
verbal or written, made in violation of this subsection sha~l be
null and void and no noney shall be paid thereon. The DepartJrent
shall rEquire a stat:errent fran the CCJTq?troller of the Depurbrent
tllLlt funds are available prior to entering into any such contract
or other binding carini tn'eht of funds. Nothing herein contained
shall prevent the making of contracts for a period exceeding one
year, but any contract so made shall be exe<..--utory only for tl1C
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 Depart:Irent in excess of
$25,000.00 and hc."\ving a tem for a peri<.x1 of nore than one year."
11 . The LCO\1, 00VERNMENr agrees to keep carplete records and accounts
in order to record canplete and correct entries as to all cost,
expenditures and outller items incidental to the offering for puUlic bid and
prosection and conctruction of the P~. No funds provided by the
DEPARIMEN'l' shall be expended for other than eligible expenses for the
pR()J'OCT .
Such books and records shall be available at all reasonable tines for
examination and audit by the DEPARlMENT, as well as other State and Federal
audi tors. IncO'llplete or incorrect entries in such books and records will
re grounds for disallowance by the DEPARIMENT of any fees, e>--penses or
costs bc"lsed on such entrieS.
12. The lOCAL OOVERNMENT agrees to keep such records and accounts and
to nXl'.lire any and all contractors and subcontractors to keep such records
and accounts as may be necessary to sUbstantiate its request for payrrent
fran the DF.PJ\R1.N[Nl'. Such books and records shall be available at all
reasonable t.i.rres for examination and audit by the DEPARlMENl' and shall be
kept for a period of five (5) years after the ccrrpletion of all work to be
.
performed pursuant to tlle Agreement. InCCllt>lete or incorrect entries in
such books and n~cords shall be grounds for disallowance by the DEPAR'lMENT
or any fees' or p.>q::ldnses based upon such entires.
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13. The UX.J\L 00VERNl-1ENT warrants that it has not errp10yed or obtained
any ccrnpany or person, other than bona, fide enp10yees or ocnsultants of the
UXAL CDVERNMEm' to soliei t or to secure this Agrearent and it has not paid
or agreed to pay any canpany, corporation, individual or firm, other thim a
bona fide anployee or consultant enp10yedby the ILCAL <DVERNMEN'r. For Ute
breach or violation of this provision, the DEPARTMENT shall have the right
to tp..nni.nate the Agreerent without' liability at its <.1iscretion and to
withhold additional payrrents or funds budgeted and a11ocatc<.1 for t.he
pRQJOCT .
14. This Agreenent or any interest herein shall not be assigned,
transferred or otherwise encumbered under any circum.'3tances by the LOCAL
~J:1ENl' without the prior written . consent of the DEPARIMENT. Ho,.rever,
the Agrement shall be binding to th~ DEPAlID1ENT and its successors.
I
15. To the extent allowed by the laws of Florida, the ux::AL 00VERNMENl'
hereby agrees to identify, defend, save and hold harmless the DEPAR'IMENl'
from all claims, demands, liabilities and suits of any nature arising out
of, because of, or due to any negligent act or occurrence or anission or
ccnmission of the l.OC1\L <XJVERNMENT, its agents, or employees. It is
specifically understood and agreed that this indenurification clauses does
not cover or indamify the DEPAlUMEm' for its sole negligence or breach of
contract. The parties agree that 1% of the total canpensation to the LOCAL
GOVEJNv1ENT for perfonnance of this Agrearent is the specific CXJnsideration
fran the DEPARIMENT to the LOCAL 0JVERNMENr' s Wanni ty agreenent.
16. This agrearent shall continue in effect and be binding on both the
LOCAL 00VEl~ 1\ND the DEPARIMENT until the Pro:TEX:T is canpleted, final
<.."Osts are kncMn and appropriate rei.rrburserrents are ~de by. the LCCAL
OO~ or DEPAR'MNl'.
17. I f the I.CCAL 0JVERNMENr abandons the p~ or for any reason the
canreIlCElreIlt, prosecution, or ti.Irely canp1etion of the POOJI:X:r by the LOCAL
0JVERNMENr is rehdered improbable, inf:easib1e, iJrtx:>ssible, or illegal, the
DEPARlMFNl' may, by written notice to the LOCAL 0JVERNMENr, suspend any or
all of its obligations under this Agreement until such tiIoo as the event or
condi tion resul ling in such suspension has ceased or Leen corrected, or the
DEPARIMFNI' rnay te:tfu.i.rtafu any or all of its obligations under this
Agreerent.
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18. The DEPAR'IMENT Shilll exclude all ProJF.X:T costs incurred by the
ux:AL GOVERI-MENI' prior to the effective date of this Agreem.mt or prior to
the date of the 1'1UJEX:I' grant, application.
19. I f the pRUJEX::T is on the state Systan the MBE l:equirments of 49
CRF Part 23 and Section 339.0Bb5, F. S., shall apply to tl1e Agreement.
Minority business enterprises and disadvantaged business enterprises shall
have the maximum opportunity to participate in the performance of PROOa:T
oontracts.
20. 'roo ICCAL o:JVERNMENT and its contractors shall not discriminate on
the basis of race, age, color, national origin, or sex in the award and
performance of proJEX:r contracts and the selection of applicants for
arploynent in connection with tile carrying out of any Poonx:'!'.
21. If any provision of the Agreeroont is held inva1d, the remainder of
this Agree:nent shall not be affected. In such an instance, the remainder
would then continue to conform to the tellllS and requirarents of applicable
law.
IN WrrnESS WHEREOF, the ux::AL o:JVERNMENT has caused this JOIN!' PmJEX::T
AGREEMENT to be executed in its behalf this ~ day of $ord. ,198 1-
by the 0fAI~, authorized to enter into and execute sane by Resolution
No. L55""/'81 of the Board on the AJJ:iL day of /"1t,,.&J , 1982:.
.'
^ . ",
OF I7foAJ '.Ah
, FIDlUDA
.. 11
: dl i!/L1JJL
Clerk .
.
APPROVED AS TO FORM
ANDLEGALSUFRC~NCY.
STATE OF FLORIDA I
DEPJ\.R'IMENr OF TRANSPORTATIOO
By
Dep.1ty Assistant Secretary for
District
Attest:
!:Xecut~ ve Secretary
'~
U.P.I. No. 6126631
Job No.
EXHIBIT A
This Exhibi~ forms an in~egral par~ of ~ha~ cer~ain Join~
Par~icipa~ion Agreemen~ be~ween ~h. STATE OF FLORIDA D~PARTMENT OF
TRANSPORTATION and MONROE COUNTY, FLORIDA da~ed _________~_ , 198 ,
providing for ~he undertaking of a Transpor~ation Improvemen~ Projec~
consis~ing of righ~-of-way !acquisi~ion, planning, preliminary
engineering, design and con~~ruc~ion of ~he proposed Cross Big Pine
Key Ar~erial Acces Road.
A . ~sm;;~Bb
The proposed Cross Pine Key Ar~erial Access Road will provide
ea9~-west traffic access across ~he central portion of Big Pine Key
northerly of US #1 to and from the east and wes~ coastal popula~ed
areas of the Key and between Key Deer Boulevard (County Road C-940)
and ~he new shopping center thus diverting such traffic off of US
" I .
Funding for this project is
Florida Administrative Code,
Assistance Program".
provided ~hrough Rule Chapter 14-89,
en~itled "Local Government Cooperative
B. ~~Q~s~I_Qs~~~lEIIQ~
The Cross Big Pine Key Arterial Access Road will extend from Ships Way
to Hibiscus Drive on Big Pine Key. The Projec~ will consist of
righ~-of-way~cquisition, plarlning, preliminary engineering, design
and construction,of ~he proposed secondary arterial road.
C. ~Ql~I_EB~IlCl~BIlQM_E~tlQ_EBYngMI
The Depar~ment shall make partial payment for costs incurred and paid
by the Public Agency.
Three (3) copies of each request for paymen~ shall be accompanied by
suppor~in9 documen~s.
1 of 1
W.P.I. No. 6126631
Job No.
----------
EXHIBIT '8'
~
Thia Exhibi~ forms an in~egral par~ of ~ha~ cert.ain Join~ Par~icipa~ion
~greemen~ be~ween ~he STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and
MONROE COUNTY, FLORIDA da~ed ______________________' 198 , 'providing
for ~he under~aking of a Transpor~a~ion Improvemen~ Projec~ bonsis~ing
of righ~-of-way acquisi~ion, planning, preliminary engineering, design
and cons~ruc~ion of ~he proposed Cross Big Pine Key ArLerial Access
Road.
A. g~!:!~8n~
The es~ima~ed cos~ of ~he Projec~ described in Exhibi~ "A" of ~his
Agreemen~ is based upon ~he Projec~ Budge~ as submi~~ed in Monroe
Coun~y's applica~ion for ~he "Local Governmen~ Coopera~ive Assis~ance
Program".
B. EBQ~~~I_~~gg~T
----------------~-----------------~------------------------------------
___________~~IlnnI~Q_~Q~I~________
~El_!:!Q~__Q~~~riQ~iQn____________________EQQI_______bQ~~1_______IQ~21___
6126631 Cons~ruc~ Cross Big Pine
Key Ar~erial Access Road
;,t
1. ROW ~cquisi~ion
2. Planning
3. Preliminary Engineering
4. Design & Cons~ruc~ion
5. Projec~ Adminis~ra~ion
, To~a 1
$ 7,245.00 $28,980.00 $36,225.00
4,000.00 16,000.00 20,000.00
3.000.00 12,000.00 15.000.00
48.0a0.00 192.000.00 240,000.00
___g~~~1~~~___~1~~~~~~Q___~1~1~~~~~
_!2~~1g~~~~___~7~~Y7~~~~--~1~~g1Z~~~
C.
ESTIMATED CASH FLOW (S~a~e Funds Only)
,
__________EY_~gL~7_____________EY_~ZL~~__________
_______g=~______9=1__________9=1________g=~______
15,000
$15,000
$15,000
$23,469.50
Projec~ Adminis~ra~ion cos~s direc~ly associa~ed wi~h ~he pl-ojec~ will be
~rea~ed as follows:
1 )
.
Prior ~o any local commi~men~ or expendi~ure. ~he lbcal agency
will submi~ ~o ~he Dis~ric~ Office a wri~~en reques~ of par~icular
adminis~ra~ion cos~ i~ems.
2)
The Dis~ric~ will review ~he reques~ and an appropria~e wriL~en
response will be made by ~he Dis~ric~ Office
1 r' t; I
I_I,