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Resolution 160-1985 Art Skelly Director or Airports RESOLUTION NO. 160_1985 A RESOLUTION RESCINDING RESOLUTION NO. 088- 1985 AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, FLORIDA, REGARDING THE PROJECT KNOWN AS WPI #6826601 - MARATHON AIRPORT - MIRLS, VASI, GROOVE, OVER- LAY, WINDCONE, LIGHTS, VAULT AND GENERATOR. WHEREAS, the Board of County Commissioners of Monroe County, Florida, previously passed and adopted Resolution No. 088-1985 on April 12, 1985, and WHEREAS, the Board of County Commissioners of Monroe County, Florida, hereby desires to rescind said Resolution No. 088-1985, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That Resolution No. 088-1985 previously passed and adopted on April 12, 1985, is hereby rescinded. 2. That the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Joint Participation Agreement by and between the State of Florida Department of Transportation and Monroe County, Florida, a copy of the same being attached hereto, regarding the project known as WPI #6826601 - Marathon Airport - MIRLS, VASI, Groove, Overlay, Windcone, Lights, Vault and Generator. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 10th day of May, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ~ - .... ti..\ By: \.w.~ -....., I.. ~1~ ~ Mayor/Chairman (SEAL) Attest: PANNX L. KOIJI.A"GE, Clerk ~. /~ c.. /' / / ) j/' J .. ~) 4 '--((,~~ C0l~ ~ ~~";:4'~. Jt/~.~ I lerk / 4. , t WPI No. 6826601 Function 637 Appropriation Ob). Code 798 Fed. Aid No. -12-0044-Q5 Job No. 90000-3$41 Fund ����LLQQ Cost Ctr. No. 578 Vendor No.Vi596OD00749004zontract No. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSPORTATION OPERATIONS JOINT PARTICIPATION AGREEMENT • 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 Department, and MONROE COTY hereinafter called the Public Agency. • W I T N E S S E T H: WHEREAS, the Public 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 convenants, • promises and representations herein, the parties agree as follows: 1 .00 Tne purpose of this Agreement is to provide for the under- taking of an aviation project to: construct air carrier apron and general aviation apron lights , MIRLS, VASI , Windcone, runway overlay, working and grooving, and install generator and vault. and described in Exhibits(s) A & B attached hereto and by this reference made a part hereof, hereinafter called the Project, and to provide departmental financial assistance to the Public 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. 1 . Form Rv 7/15/83 j r 2-lccomplishment of the Project . 2 . 10 General Requirements. The Public Agency shall commence, complete the Project as described in Exhibit(s) "A" with all practi- cable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, 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 Public Agency to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the pro- visions of the Agreement, the Public Agency will initiate and con- summate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Public Agency. The Public Agency shall initiate and prosecute to completion all proceedings necessary in- cluding federal aid requirements to enable the Public Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents. The Public Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the • Department may require. 3.00 Project Cost. The estimated total cost of the Project is $ 1 ,095 ,551 . This amoun' is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Public Agency agrees to bear all expenses in excess of the estimated total cost of the Project and any deficits involved. • 4.00 Department Participation. The Department4 agrees to a maximum participation in the Project in the amount of $ 8 (including contingencies) as detailed in Exhibit "B" , or in an amount equal to the percentages(s) of total project cost shown in Exhibit "B", whichever is less. 5.00 Front End Funding . Front end funding . (i-s) (4.XXXXX.* applicable. If applicable, the Department shall initially pay 100% of the total allowable project • costs up to an amount equal to its total share of participation as shown in paragraph (4.00) . 2 Form Rev 7/1 /83 Z j , - .. T'.'!_"'r- r- -•r. r„z.c.. '. .4..r.,7-.. ,JiliF.IfT u..R:3i,,� �.'sw.,.w'Fi...r .. r - .•u.cisii i'N.',�. • 5.10 Retainage. Retainage IOW (is not) applicable. If " - applicable, ten percent of the Department's total share of participation as shown in paragraph (4.n0) 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 execution of this agreement a project budget shall be prepared by the Public Agency and • approved by the Department comptroller. The Public 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 or revision thereof shall be effective. unless •and until the Department shall have approved the same. 6.20 Schedule of Disbursements. The Public 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 4isbursements 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. This schedule shall be updated each quarter based on a July through June fiscal year and forwarded to the Department District. Office so as to be received by the first day of the quarter. Changes to the schedule involving twenty-five (25) percent or more of the Departs*•,nt.'s share of the project costs shall be immediately reported by submission of a supplemental schedule. Failure by the Public Agency to provide these schedules shall be considered , default and treated in accordance with Paragraph 8.25. 7.00 Accounting Records. 7.10 Establishment and Maintenance of Accounting Records. The Public 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 set up indepen- dently. Such accounts are referred to herein collectively as the 4. "Pi . ject Account". The Project Account shall be made available upon request by the Department any time during the period of the Agreement • and for three years after final payment is made. 7.20 Funds Received or Made Available for the Project. The Public Agency shall appropriately record in the Project Account , and deposit in a bank or trust company which is a member of the Federal Oepnrit Insurance Corporation, all payments received by it from the D?rartrt-;nt pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which • • 3 • . c D cartinent paym.mt .A and Ut `ler fur .s are her• in cot 1 ct ively •ete-re 3 to as. "Project Funds". The Puhl i,- Ageucy shall require depositories . of Project Funds tc secur-• con` i nuous'.y and fully all project funds in excf'ss of the amounts intiured under Federal plans, or under State plans which have been approved for the despo:>it of project funds•by th. . . 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 Pu`:lic Agency shall • charge to the Project Account all eligible costs of the Project. Co=t.- • 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 Public 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 Public 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 Public 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 . ..• in pert to the Project shall be clearly identified, readily acLe•;sible, and, to the extent feasible, kept separate and apart from all other such d_,cuments. 7.60 Audit Reports. At the request of the .Department, the Public 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, reflecting in detail the use of the funds of the Department, the Public Agency, and those from any other source with respect to the Project. 8.00 Requisitions and Payments. . 8.10 Preliminary Action by the Public Agency. In order to obtain any Department funds, the Public Agency shall: 8.11 File with the Department of Transportation, District _$-ix Miulj• , Florida, its requisition on form or forms pre- scribed 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 ( 1) the date the Public Agency acquired the property, (2) a statement by the Public Agency certi- • fying that the Public Agency has acquired said property and (3) • .. i . • G 4 • if the requisition covers the acquisition of real property, a statement signed by the Public Agency attorney certifying that the Public Agency has acquired said real property; and • 8.12 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 insure the carrying out ... of the Project and payment of the eligible costs. However, notwith • - standing 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 Public 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 Public Agency of any of its duties or obligations which may jeopardize or adversely affect _ I the Project, the Agreement, or payments to the Project. 8.23 Concurrence by Department, The Public Agency shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Department or shall have proceeded to make related expenditure or incur related obligations without having been advised by the Department that the same are satisfactory. 8.24 Conflict of Interests. There has been any violation .of the conflict of interest provisions contained herein. 8.25 Default. The Public Agency shall be in default under any of the provisions of the Agreement. 8.30 Disallowed Costs. In determining the amount of the financing payment, the Department will exclude all project costs in- curred by the Public Agency prior to the effective date of this A:;:eement or prior to the date of a Letter of No Prejudice, costs in- curred by the •Public 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 Letter of No Prejudice provided to the Public Agency by the Department may provide that expen- ditures 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 Public Agency aban-1ons sir , before completion, finally discontinues the Project; or 5 if, by reason of any of they events er conditions set forth in para- graphs 8.21 to 8.25 inclusive, of Section 8.20 hereof, Jr f.,r any other reason, the Commencement, prosecution, or timely completion of the Project by the Public Agency is rendered improbable, infeasible, • - impossible, or illegal , the Department may, by a-it.ten notice to. th Public Agency, suspend any or all of its obligations under this • Agreement until such time as the event or condi►ion resliltine in such suspension has ceased or been corrected, or the Department may termi- nate any or all of its obligations under this Agreemert. 9.20 Action Subsequent to Notice of Termination of Suspension. Upon receipt of any final termination notice under this Section, the Public Agency shall proceed promptly to carry out the actions required therein which may include any or all 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 financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise in- cludable at project costs; and (3) remit to the Department Such portion of the financing and any advance payment previously received by the Department to be due under the provisions of the Agreement . The closing out 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 Public Agency to furnish the schedule, olan, and budget within a reasonable time. The acceptance of a remittance by the Public Agency or the closing out of Federal financial participation in the Project shall not constitu'.e a waiver—of any claim wr,ich tl;e DepartrnF.nt may otherwise have arising out. of this Aqr• �r;,._n' . 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 Public Agency shall remit to the Department any unexpended balance in the Project Account less its proportionate share thereof. 11 .00 Audit and Inspection. The Public 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 of the Public Agency, pertaining to the financing and develop- ment of the Project. 12.00 Contracts of the Public Agency. 12.10 Third Party Agreements. Except as otherwise authorized in writing by the Department, the Public Agency shalt not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant or construc- tion contracts, with any third person with respect to the Project 6 without the prior written concurrence of the Department. 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 a Public Agency, where said project involves a consultant contract for engineering, architecture or survey ing services, is contingent on the Public Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. It is further agreed that the Public Agency shall request the assistance of the Department in the selection of consultants, and that the Department will inform the Public Agency of the Department's level of participation in selecting consultants. 13.00 Restrictions, Prohibitions, Controls and Labor Provisions. 13.10 Equal Employment Opportunity. In connection with the carrying out of any Project, the Public Agency shall not discriminate against any employee or applicant for employment because of race, age creed, color, sex or national origin. The Public Agency will take affirmative action to insure 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 termi- nation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Public .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 standard commerical 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 in- volves installation, construction, demolition, removal, site improve- ment, or similar work, the Public 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 pro- visions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964. The Public Agency will comply with all the requirements imposed by Title VI of the Civil i• Rights Act of 1964 (78 Statute 252) , the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Public Agency pursuant thereto. 13 .30 ' Prohibited Interests. Neither the Public 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 Public 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 7 1 emp involuntarily acquires or had acquired prior to ginning of his tenure any such interest, and if such interest is immediately disclosed to the Public Agency, the Public Agency with the prior approval of the Department , may waive the prohibition contained in this subsection: Provided, that any such present member, officer or em- . ployee shall not participate in any action by the Public Agency or the locality relating to such contract, subcontract, or arrangement . The Public 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 Public 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 Public Agency and its fiscal depositories, or to any agreement for utility services the rates for which are -fixed or ' controlled by a Governmental agency. 13.40 Interest of Members of, or Delegates to, Congress. No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising • therefrom. 14.00 Miscellaneous Provisions. 14.10 'Environmental Pollution. All Proposals, Plans and Speci- fications for the acquisition, construction, reconstruction, improve- ment of facilities or equipment, shall be presented to the Department for approval. In rendering such approval, 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 Public Agency. 14.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Public 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 Public Agency, and the making of any such payment by the Department while any such i• • 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 thereby if such remainder would then • • iI 1 continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission. By execution of the Agreement the Public Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law. Nothing in the Agreement shall require the Public Agency to observe or enforce compliance with 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 Public Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Public Agency to the end that the Public Agency may proceed as soon as possible with the Project. 14.70 Use and Maintenance of Project Facilities and Equipment. The Public Agency agrees that the project facilities and equipment will be used by the Public Agency to provide or support public trans- portation 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 Public 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 Faciities or Equipment. If the Public 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 Public Agency will comply with the terms of Office of Management and Budget Circular A-102, ' Attachment N, relating to property management standards. The Public Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said pro- portional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 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 Public Agency shall submit to the Department for review all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Public Agency writ- ten 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 Public Agency written concurrence with said remainder of the Project. Failure to obtain this written concurrence shall be sufficient cause for non- payment by the Department as provided in Paragraph 8.23. 9 • 16.00 Department Credit Plaques. Credit plaques indicating the Department's participation in the Project will be installed on each major item of equipment and facility constructed under Department financing. The Public Agency will co- ordinate with the Department's District Office on the design and installation of these Credit Plaques. The Department may, at its option, provide said Credit Plaques for installation by the Public Agency. 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 (8) (a) , Florida Statutes, are hereby incorporated: • "(a) The Department shall not, during any fiscal year, 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 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 shall be incorporated verbatim in all contracts of the Department 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 (W) (is not) applicable. If applicable, the Public Agency agrees to complete the Project within from the date first shown in this contract. If the Public Agency does not complete the Project within this time period, this contract will expire unless an extension of the time period is granted to the Public Agency in writing by the Department's Director of Public Transportation Operations. Expiration of this contract will be considered termination of the Project and the procedure established in Paragraph 9.00 of this contract shall be t, initiated. 19.00 Agreement Format. All words used herein in the singular form shall extend to and in- clude the plural. All words used in the plural form shall extend to an include the singular. All words used in any gender shall extend to and include all genders. I ' 10 I ` MN 20.00 execution of Agreement. This contract may be simultaneously executed in several counter- parts, each of which so executed shall be deemed to be an original , and such counterparts together shall constitute one in the same instrument. . I i a: :.` ..t:1 r • i 11 . n J • • wpu 6826601 JOB* 90000-3841 AGREEMENT DATE • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. APPROVED: • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION • DIRECTOR OF PUBLIC TRANSPORTATION OPERATIONS ATTEST: (SEAL) COMPTROLLER EXECUTIVE SECRETARY APPROVED AS TO FORM, LEGALITY AND EXECUTION • ASSISTANT ATTORNEY DEPARTMENT OF TRANSPORTATION PUBLIC AGENCY /I • • BY • TITLE: Mayor/Chairman of Board ATTBSTi SE AL) TITLE: ler 12 • Form revised 1/9/84 • - WPI # 6826601 JOB # 90000-3841 AGREEMENT DATE EXHIBIT "A" • This exhibit forms an integral part of that certain Joint Particip- ation Agreement between the State of Florida Department of Transportation and Monroe County PROJECT LOCATION: • Marathon Airport Monroe County Marathon, Florida PROJECT DESCRIPTION: Overlay, mark, groove Runway 7/25, Install MIRL on Runway 7/25 , Install Vasi Runway 7/25, Install lighted wind cone Assembly, Install general aviation and commerical air carrier lighting , and install stand by engine generator and electrical vault. PROJECT BUDGET: Engineering $ 109,551 Construction 986,000 TOTAL $1 ,095,551 SUMMARY OF PARTICIPATION: Federal Share $ 985 ,996 Sponsor-Public Agency Share 54 ,778 State-Department Share 54 ,778(1 ) TOTAL $1 ,095,551 Note (1 ) : or an amount equal to 50% of the eligible and allowable non-federal share of the cost of the project, whichever is less. 1 of 2 EXHIBIT "A" Cont. REVIEW AND REVISION: The Project Description, Project Budget , and Summary of Participation will be reviewed at the time a Federal Grant Agreement is executed and revised as necessary to be consistent with the Federal Grant. LETTER OF NO PREJUDICE: This project is the subject of a Letter of No Prejudice from the Department to the Public Agency, dated February 15, 1985, 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 f?nding. • • xa • . tti '2of2 41.1 EXHIBIT "B" • This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County. Proposed Project Cash Flow WPI# 6826601 State Job Number 90000-3841 Agreement Date Total "D" Funds $54,778.00 QUARTERS 1st 2nd 3rd 4th FY 85 0.0 0.0 0.0 0.0 FY 86 0.0 20.0 34.7 0.0 1) • I 1 of 1