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Resolution 126-1984 . i' 1 J' ' II Art Skelly Director of Airports RESOLUTION NO, 126 -1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE. COUNTY, FLORIDA, TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MARATHON AIRPORT WORK PROGRAM ITEM NO. 6596607, MASTER PLAN UPDATE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Joint Participation Agreement by and between the Board of County Commissioners of Monroe County, Florida, and State of Florida Department of Transportation for the Marathon Airport Work Program Item No. 6596607, Master Plan Update, a copy of same being attached hereto, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 6th day of April, A,D. 1984. BOAR~N~~~OUNTY COMMISSIONERS OF ~~.. COUNTY, ~RIDA By X~~ ~0~ Chairman (Seal) Attest: DANNY _ L. K~LH~E, Clerk. . ~ Y I-iif''''''-' 11\ . I ~ iJ t . I.j Clerk BY \nRK PRcx;RAH I'ID1 tlO, 6596607 JOB. NO. STATE OF FLORIDA DEPARTI-1ENT OF TRANSPORTATION DIVISION OF PLANNING JOIlrr PARTICIPATION AGREENElrr nus AG.REEMENT, made and entered into this ~ rlt day ~/ / , 1984, by and between the STAlli OF FLORIDA DEPAR lENT OF r S R ATlON, an agency of the State of Florida, hereinafter called the Department, and Monroe County, hereinafter called the Public Agency, State Warrants will be made payable to and mailed as follows: Kenneth Sorenson, Mayor County Commissioners Post Office Box 1029 Key West, Florida 33040 \~ I T N E SSE T H \~, the Public Agency has the authority to enter into said Agreement and to undertaY~ the Project hereinafter described, and the Department has been granted the authority to function ade~1tely in all areas of appropriate jurisdiction, including the implementation of an integrated and balanced transportation system; WHEREAS, the purpose of this Agreement is to provide for the undertaking of an airport master plan for the Marathon Airport. This study will provide the 5, 10, and 20 year development requirements as described in the Federal Aviation Administration (FAA) in advisory circulars and guidelines as modified as appropriate to meet the purpose and objectives of this project. It will include the v8rious elements listed in order in Exhibit "A," attached hereto, all of which is hereinafter called the Project, and to provide Departmental assistance .to the Public Agency and state the terms and conditions upon ~nich such assistance will be provided and the understanding as to the manner in which the Project will be urdertaken and completed. NCM, 1l1EREFORE, in consideration of the nnltual covenants, premises and representations herein, the parties agree as follows: Revised 3/15/84 1 of 10 1.00 Accomplishment of the Proiect (a) General Requirements. The Public Agency shall commence, carry on, and complete the Project to provide an airport master plan acceptable to the FAA, Department and the Public Agency as more particularly described and scheduled in Exhibit A, attached hereto and made a part hereof, with all practicable dispatch, in a sound, economical and efficient manner, and in accordance with the provisions hereof, and all applicable laws. (b) Pursuant to Federal, State and Local Laws. In the event that any election, reterendum, approval, permit, notice, or other proceeding or authorization is required 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 provisions of the Agreement, the Public Agency shall initiate and consummate, as required by law all actions necessary for any such matters. (c) Funds of the Public Agen~. The Public Agency shall initiate and prosecute to completion all proce il1gS necessary, including any needed federal aid requirements, to enable the Public Agency to provide the necessary funds for completion of the Project, (d) Submission of Proceedin s Contract Clnd Other Documents. The Public Agency s 1 s it to t e Department suc ata, reports, records, contracts and other documents relating to the Project as the Department may reasonably reqLlire, This \~ll include copies of Quarterly Progress Reports arrl Requests for Reimbursement (StClndard Form 270) required by the Federal Agency or FI:OT. 2.00 Proiect Cost .The total cost of the planning services of this Project is estimated to be $44,444.00 of which the Public Agency will provide $2,222.00 and the Department will provide $2,222,00 or 5 percent of the total project cost, whichever is less. 3.00 Department Participation The Department agrees to participate in the Project in the amount of $2,222.00 or 5 percent of the project cost, whichever is less, The Public Agency agrees to complete the Project 24 months after execution of this Agreement. In the event the Public Agency shall fail to complete the Project within 24 months after execution of this Agreement, the Public Agency agrees that it vnll refund 100% of all funds granted to the Public Agency by the Department under this Agreement, In the event there are actions by the Department or other circumstances beyond the control of the Public Agency \o,7hich delay the Project beyond this completion date the Director of Planning will grant to the Public Agency extensions of time Revised 3/15/84 2 of 10 4.00 The Project Budget Prior to the e}:ecution of this Agreement a Project Budget shall be prepared by the Public Agency and approved by the Department. 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. 5.00 Accounting Records (a) Establishment and ~laintenance 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 independently herein collectively referred to as the "Project Account." The Project Account shall be made available up:m request by the Department any time during the period of this Agreement aOO for three years after final payment is made or three years after settlement of all audit questions, whichever is later. (b) Funds Received or Made Available for the Project, The Public Agency shall record in the Project account all payments received by it on account of the Project, \l7hich Department payments and other fuOOs are herein collectively referred to as "Project Furds," (c) Costs Incurred for the Project. The Public Agency shall charge to the Project Account all eligible costs of the Project which meet the requirements of 0l.'1B Circular No, A-S7. "Cost Principle for State and Local Governments." Costs in excess of the latest approved Budget or which do not meet,the a1B Circular No. A-S7 requirement (including approval of the Department when required) shall not be considered eligible costs, (d) IXJcumentation of Pro ject 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 aoo propriety of the charges. \oJhere federal funds are used to provide part or all of "Costs allowable with approval of Grantor agency" described in Attachment B of OHB Circular No. A-87, such expenditures must have the prior written approval of the Florida Department of Transportation aOO the federal 3gency providing the funds. (e) ,S11ecks Orders, and Vouchers, Any check or order drawn by the Public Agency chargeable against the Project Account shall be supported by a properly signed voucher on file in the office of the Public Agency stating in proper detail the purpose for which such check or order is Revised 3/1S/Slj. 3 of 10 drawn. All accounting documents pertaining to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate from all other doct~ents, (f) Audit Ret'arts. At the request of the Department, the Public Agency shall provi e 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 for the Project of ftmds from the Department, the Public Agency and any other sources, 6.00 Requisition and Payments (a) Preliminary Action by the Public Agency. In order to obtain any payment, the Public Agency shall: (1) File with the Department its requisition therefore quarterly on forms prescribed by the Department, and such other data pertaining to the Project Account arrl the Project as the Department may require to justify and support the payment requisitioned; and (2) Comply with all applicable provisions of this Agreement, (b) The Department's Obligation. Subject to other provisions hereof, the Department tvill 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 thereof in accordance herewith. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on account of the Project if: (1) Misre~resentation. The Public Agency shall have made misrepresentation o. a material nature in its Application, or any amerrlment thereof, with respect to any document or data furnished therewith; . (2) 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 the Project, this Agreement, or payments to the Project; (3) Concurrence by Department. The Public Agency shall have taken any action pertaining to the Project which required the prior Revised 3/15/84 4 of 10 approval of the Department or shall have proceeded to make related expenditures or incur related obligations \Jithout having been advised by the Department that the same are satisfactory; (4) Conflict of Interests. lnere has been any violation of the conflict of interest provisions contained herein; (5) Default. The Public Agency shall be in default urder any of the provisions of the Agreement. (c) Disallowed Costs. In determining the amount of the financing payment, the Department will exclude all Project costs incurred by the Public Agency prior to the effective date of this Agreement or prior to the date of a Letter of No Prejudice, costs incurred 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 do not meet the requirements of OMB Circular No. A-87 "Cost Principles for State am Local Governments." A Letter of No Prejudice provided to the Public Agency by the Department may provide that expenditures related to the Project may be recognized from the date of said letter as a part of the total Project prior to, and subject to, the effective date of the Joint Participation Agreement. 7.00 Termination or Suspension of Department's Obligations (a) Termination or Suspension Generall~. If the Public Agency abandons or, before completion, tinally discontinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5) inclusive, of Section 6.00(b) hereof, or for 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 written notice to the Public 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. (b) nt to Notice of Termination or Sus Upon receipt 0- any ina termination notice er t 's ection, t e blic, Agency shall proceed promptly to carry out the actions required therein wluch may include any or all of the following: (1) necessary action to terminate or suspend Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon which the financing is to be computed; (2) furnish a statement of the status of the Project activities and of the Project Account as ~~ll as a proposed schedule, plan, and budget for terminating or SUSpending and closing out 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 advance payment previously received as Revised 3/15/84 5 of 10 is determined by the Department to be due the Department u~jer the provisions of the Agreement, The closing out shall be carried out in conformity with the latest schedule, plan, and budget as npproved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Public Agency to furnistl the schedule, plan, and budget within a reasonable time. 111e acceptance of a remittance by the Public 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, 8.00 Audit and Inspection The Public Agency shall permit,.and shall require its contractors to penait the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records, and accounts for the Public Agency pertaining to the financing am development of the Project. 9.00 Third Party Contracts, Subcontracts and Supplemental Agreements The Public Agency may enter into third party contracts, subcontracts and supplemental agreements necessary to accomplish the Project only with the prior written concurrence of the Florida Department of Transportation, and, the Federal Aviation Administration, if appropriate. The Department reserves the right to review the contracts and qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Contracting will be in accordance with the requirements of 23 CFR Part 172 and Attachment 0 to CM3 Circular No. A-l02. Where the project involves a consultant contract for engineering, architecture or surveying service, the participating agency shall comply with the provisions of ~ection 287.055, Florida Statutes, Consultants Competitive Negotiation Act, 10.00 Restrictions, Prohibitions, Controls and Labor Provisions (a) . Compliance with Regulations. The Public Agency shall comply with all of the requirements imposed by Title VI of the Civil Ilights Act of 1964 and with the Regulations of the U.S, Department of Transportation relative to non-discrimination and maximum Opportunities for Minority . Business Enterprises (NEE) in carrying out the Project. 'These actions are described in 49 CFR Part 21, "Non"'7Discrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights of 1964" and Part 23 "Participation by Hinority Business Enterprise in Department of Transportation Program" hereinafter referred to as Regulations which are herein incorporated by reference and made a part of this agreement, (1) . Equal Errloyment Opportunity, 'In carrying out the Project, the Public Agency sha not discriminate against any employee or applicant Revised 3/15/84 6 of 10 for employment because of race, religion, 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. 1he Public Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for 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. (2) Non-discrimination. The Public Agency with regard to work performed by it on the Project, shall not discriminate on the grounds of race, color, religion, sex or national origin in the selection or retention of subcontractors including procurements of material and leases of equipment. The Public Agency shall not participate, either directly or indirectly, in the discrimination prohibited by Section 21,5 of the Regulations. (3) Solicitations for Subcontracts Includi~Procurements of Materials and Equipment. In all solicitations ma e by competitive bidding or negotiation by the Public Agency for work to be performed under a subcontract including procurement of materials and leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the staff agency of obligations under this contract and the Regulations relative to discrimination on the grourrls of race, color, religion, sex or national origin. (4) ~Iinority Business Enterprises, It is the policy of the Department of Transportation that Mi~rity Business Enterprises (~mE) as defined in 49 eFR Part 23 shall have the maximum opportunity to particip~te in the performance of contracts financed in whole or in part with federal funds. Consequently, the MBE requirements of 49 eFR Part 23, apply to this Agreement. (5) Inco~ration of Provisions. The Public Agency shall include provisions 0 Paragraphs 11.00(a) (1-5) in every contract including procurement of materials and leases of equipment unless exempt by the Regulations or instructions issued pursuant thereto. (b) 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 during his. tenure or for one year thereafter has any interest, direct or indirect, other than those interested attendant to a duly elected office holder or an aplXlinted member of a public board. If any such present or former member officer, Revised 3/15/84 7 of 10 or employee involuntarily acc~ires or had acquirL~ prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Public Agency and such disclosure is entered upon the minutes of the Public Agency ~nth the prior approval of the Department, the Public Agency may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Public Agency relating to such contract. 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 the Project, and shall require its contractors to insert in each of their subcontracts, the follmnng provision: "No member, officer, or employee of the Public Agency during his tenure or for one year thereafter shall have any interest, direct or incii rect, 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. (c) or 11.00 Miscellaneous Provisions (a) Department Not Obligated to 1hird Parties. The Department shall not be obTlgated or liable hereunder to any party other than the Public Agency. (b) ,When Rights and Remedies Not vJaivc>d. 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, arxJ the making of any such payment by the Depa rtment \.men any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Departraent in respect of such breach or default. (c) How Contract Affected b Provisions Bei Held Invalid. If any provision 0 t's Agreement is e inva i , t remainder of this Agreement shall not be affected thereby if such rernairder would then continue to conform to tl1e terms and requirements of applicable law, (d) Bonus or Commission. By execution of the Agreement the Public Agency represents that it has not paid ard, also, agrees not to pay, any bor~s or commission for the purpose of obtaining an approval of its application for the financial assistance hereunder, Revised 3/15/84 8 of 10 (e) State or Territorial Lmv. Nothing in this Agreement shall require the PLtblic 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, t~lt 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. from all or the negligent 12.00 Right of Technical Review The Departn~nt shall have the right of technical review of the work, and, where the work is reasonably found to be erroneous or inadequate tech11ically, may withhold any sum due under the terms of this Agreement, and may reclaim any sums already paid; provided, that if the technical deficiencies are subsequently corrected to the satisfaction of the Department, any sums withheld or reclaimed will then be made available to the Public Agency as provided under this Agreement, 13.00 Execution of Agreement . This contract lTlay be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 14.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form s~1ll extend to am include the singular. All words used in any gemer shall extend to and include all genders. Revised 3/15/84 9 of 10 : IN \~I1~S WHEREOF) the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMElIT OF TRANSPORTATION BY: Director of Planning ATIEST: (SEAL) Executive Secretary PUBLIC AGENCY BY: TIlLE: APPROVED AS 1D FORM AND LEGALI1Y: A1TEST: TITI..E: (SEAL) Assistant Attorney Pl{()JECf ACCOUNTING IDrnTIFICATION WORK PR()GRAJ.1 ITEM NO. JOB NU1BER VENDOR NO. CONTRACf NO. FUNDS APPROPRIATION FUNCTION OBJECT l'r.:DERAL AID NJ. cosr GIR, Revised 3/15/84 10 of 10 EXHIBIT "N' 'fhis Exhibit forms an integral part of that certain Joint Participation Agreement bet"t....een the State of Florida Department of Transportation and Monroe County 1981~ THE PROJECf: The project \'l7ill consist of preparing an airport master plan for Marathon Airport to provide the 5, 10 and 20 year development requirements. l..OCATION: Marathon, ~1onroe County THE PROJECf DETAIL: scoEThe Marathon Airport Study Design outline prepared by the County and by the Department District Office proposed special attention to facilities, financial planning, land use planning and capital improvements. With this oveIView in mind, the study shall include: o Inventory, Forecast and Demard/Capacity o Facility Requirements o Airport Layout Plans o Management Plan o Environmental Plan o Airport Access Plan o Development Schedule/Cost o Economic Feasibility Plan and Impact Assessment o Reports, Public Information Meetings and Coordination Schedule: Phase I - Inventory, Forecast, Demand/Capacity, and Facility Requirements (Month 1 and Month 2). Phase II - Environmental Study Ubnths 1, 2 am 3), Phase III - ALP and Access Plan (Monthsl, 2, 3 and 4). Phase IV - Development Schedule/Cost and Economic Feasibility Plan ard Impact Assessment (Month 5 and Month 6). Review Final Draft and print the Approved Report (~1onths 10, 11 and 12). Phase V - Public Information and Coordination Meetings (Continuous) . Revised 3/15/84 1 of 2 • • i EXHIBIT "A" (Continued) • Miscellaneous: . a. A detailed study design, Project schedule and schedule of Project • deliverables shall be developed-prior to a decision to proceed with the Project. These items and any future changes thereto shall be approved in writing by the State Project .Representative with . concurrence by the Administrator, •Public Transportation Planning, Division of Planning prior to the effective date. Evidence of FAA • approval shall be provided, if appropriate. b. In order to be considered complete, the Project technical . • products and planning recommendation's shall be. approved by the Public • Agency. FAA approval is also necessary, if .appropriate. PROJECT REPRESENTATIVES: i 1 The Project Manager for the Public Agency will be Mr. 'Art Skelly. The State Project Representative will be Mr. Larry Bauman. The State Project Representative shall be notified in advance of and included in all consultant selection, Project definition and development, and Project review meetings. It .should be emphasized . that the Public Agency is- responsible for the preparation, approval and delivery of the Project .products'. Preparation and delivery may , be carried out through the Project Manager and assisted by a consultant, if necessary. . ESTTMATID PROJECT BUDGET: . Local $ 2,222.00 L . ' State = $ 2,222.00 • FAA = $40,000.00 TOTAL= $44,/ii 1 .00 . . A detailed project budget .shall be developed prior to a decision to proceed with the Project. This refined budget .and any future - ' changes.thereto shall be approved in!writing by the State Project Representative with concurrence by the Administrator, Public _Transportation Planning, Division of; Planning, prior to the effective date. ...Evidence of FAA approval shall be provided if appropriate. Billing and invoice •.payment by the Departmentwill be at the time the • project is completed. • • REQUISITION APPROVAL: ' , Requisition amounts to perform the tasks necessary to produce a • Project deliverable shall be. based on the Project budget and cost records amount. Approval of a requisition for. reirnbursement 'will be based on approval of the appropriate, deliverable. Evidence of FAA approval shall be provided., if appropriate. • �nv�.:,ed 3/15/g4 • . .