Resolution 127-1982RESOLUTION NO.121-1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BE-
TWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR-
TATION AND MONROE COUNTY, FLORIDA, REGARDING SELEC-
TION OF A SITE FOR A NEW GENERAL AVIATION AIRPORT
IN NORTH MONROE COUNTY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the 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 Depart-
ment of Transportation and Monroe County, Florida, a copy of same
being attached hereto, regarding the selection of a site for a
New General Aviation Airport in North Monroe County.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 5th day of April, A.D. 1982.
(Seal)
Attest W. 'WHITE, CLERK.
Clerk
BOARD OF COUNTY COMMISSIONER.:,: �;,
OF MO COUNTY, FLORIDA
ayor/Chairman
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_
JOB NONEW (1 r o 1
STATE OF FLORIDA DEPARTR �'T OF TRANSPORTATION
DIVISION OF PLANNING
1f
JOINT PARTICIPATION AG. -- HN7
THIS AE=ENT, made and entered -into s 5 t:ri da of April lcu
by and between the STATE OF FLORIDA DEPJIRDEN OF TR.*SPORTATION, an agency of the
State of Florida, hereinafter called the _Devartr:ent, and Monroe County
ereinafter called the Public Agency
Y,IIERE4S, the Public Agency has the authority to enter into said Agreement and
to undertak -F �Ct e_�'-,aTraT Cr: e^' to _ r _ _ _ 5 i ?-,d t_-e i �., r -me nt =,00�, r _ _ been a ante_
the authority' to r: - -`icn adec all' ^ _-c-p_, to _ ..n
......_.. ,...:;.ems,- L"1 ail QleGJ Ci �N!'�i�,i��iai.�-�i:.�J�1Ci.�..i., in-
cluding the implemenration o- —integrated and balanced transportation -system;
WTEREAS, the purpose of this Agreement is to provide .for the undertaking of
.,the selection of a site -for a New General Aviation Airport in North'
Pbnroe.County,
I
ereinafter called the Project, and to provide Departmental assistance to the
Public Agency and state the terms and conditions upon which such assistance will
be provided and the understanding as to the manner in which the Project will be
undertaken and completed.
NOiI') Ti-1EREFORE, in consideration .of the -mutual covenants, premises and repre-
sentations'herein, the parties agree as follows:
1.00 Accomplishment of,the Project.
(a) General Requirements. The Public Agency shall commence, carry on, and
complete the project as more particularly -described in Exhibit(N) A ,
attached hereto and made a part hereof, with all practicable dispatch, in a sound,
economical and efficient manner, aiid in accordance with the provisions hereof, and
all applicable laws.
(b) Pursuant to Federal, -State and Local Laws. In the event that any elec-
tion, referenn n, approval, permit, notice, or other proceeding or authorisation
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 �hreement, the Public Agency shall initiate and
consL^ate, as required by law all fictions necessary for any such matters.
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(c) Fit: the Public AQ.ericy. Ttie Public Agency sh�ziti.ate and prose-
`ute to cep i all procee ings necessary, , including any FR_1 R federal aid
requirements, to enable the Public Agency to provide the necessary funds for com-
pletion of the Project.
(d) Submission of Proceedin's, Contract and Other Documents. The Public
Agency shall submit tote Department such data, reports, records, contract and
other documents relating to the Project as the Department may reasonably require.
2.00 Project Cost
The total cost of the planr?ng services of this Project is esti*ated to
be --50,000of_which the Public Agency will con-
tribute. 25, 000.E and the Departrient25, 000 or 50 percent
of the total rrojec% cost, whichever is iess..
3.00 Depai-nrent ParticiudtioZ
Tne Derla=ent aarpes to participate Ire the vrni oct iTt the amo,_?It of
25,00.0 or 50 percent of the.:Pro;ect ccst, z;hichever is less. The Public Agen r
agrees to- caplete :the Froject:within- 18 months - after execution of this Agreemnent.
In the event there are actions by ;the Department or other circumstances beyond the
control of tre Public Agency which; delay the Project beyond this completion date
the Depa—r ent will. grant to the P-sblic Agency extensions of item reflecting this
delay.
4.00 The Project Budget
Prior to the execution of this Agreement a Project Budget shall -be pre-
pared 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 ilaintcnance of Accounting Records. The Public
Agency shall establish for t e Pro ect, in conionnity with uniform requirements
established by the Department to facilitate the administration of the financing
program, separate accetmts to be m1aintained within its existing accounting system
or set up independently herein collectively referred to as the "Project Account."
The Project Account shall be made available upon request by the Department any time
during the period of this Agreement and for three years after final payment is made
or three years,after settlement of all audit questions whichever is later.
;i
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( nds Received or Made Available for the Proms The Public A(;eney
shall recorde Project Account all payments received account of the
Project, which Department paymentsland other funds are herein collectively referred
to as "Project Funds."
(c) Cost Incurred for fhe Project. The Public Agency shall charge to
the Project Account all eligible costs of e Project which meet the requirements
of CMB Circular No. A-87 "Cost Principle for State and Local Governments." Costs
in excess of the latest approved B dget or ighich do not meet the QMB Circular No.
A-87 requirements (including appre al of the repa ent itihen required) shall not
e considered eligible costs.
(d) DocW entation of Project Ccsts. Ul ccsts charged to the Project,
including any approved services co:itri bated by. the Public Agency or others, shall
be supported by properly executed p'rolls, time G;records, invoices, contracts, or
vouchers evidencing in proper'detail the nature and propriety of the charges.
Where federal funds are used to provide -Dart or all of "Costs allowable with
approval of Granter _ agency" described in Attachment B of ChB Circular No. A-87,
such expendi ;.ores r - . �. �h. =c_ _���ea. �'_ yr _.�e F1ori Dep� en.
of Transportation and the federal agency providing the funds.
(e) Checks. Orders : a-: d Vouchers. Asnr check or order dra7wn by the
Public Agency- char - _e aa<_ Ll�e _ _o iTec_ lccou _, _.rbe suppor-�ed by a proper_.
signed vcuc11�Y VT Tom' �. t~0 /�i� 7 y� t l0 L-�1y1� 1 ` L�R�t1l1r s _til g lT-ororel detail
the purpose iOr :,`nlcn such G.eCk C'vCrcer 1s Qra:'.11. All. accounting doctIIrents per-
tainir_g to the Project shall be clearly identified., readily accessible, and, to the
extent feasible, kept separate frail all other documents.
(f) 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 for the
Project of funds 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 (ly,
quarterly, 1, on forms prescribed by the Department, and such other data
pertaining to the Project Account and 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 Oblination. Subject to other provisions hereof,
.the Apartment will honor such req;bisitions 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:
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13,4
1) �Misrepreseritation. The Public Agency shi 1 have made mis-
repiescritati a material nature in its Application, or -ndment thereof,
with respect to any document or da a furnished therewith;
(2) Litigation. There is then pending litigation with respect
to the performance byte Public Agency of any of its duties or obligations-- hich
may j eopax'dize 'or adversely affect the Proj ect, this Agreement, or payments to the
- Project;
-(3) .Concurrence-b� Department. --The Public Agency shall have taken
any action pertaining to the Proj e�'t which required the prior approval of the
Department or shall have proceeded'to make related expenditures -or incur related
obligations without -having been ad�rised by the Department that the same are satis-
factory; _
(4) Conflict of Interests. There has been any violation of the
conflict of interest provisions contained herein;
(5) Default. The Public"Agency shall be in default under any of
the provisions of the Agreement. z-
(c) Disallowed Costs. �In determining the amount of the financing pay-
ment, 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: Proj ect,. 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 and 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 Dcpartment's*Obligations
(a) -Termination or Suspension Generally. If the Public Agency abandons
or, before completion, finally 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 tciminate-any or all of its obligations under this Agreement.
(b) Action Subsequent!,to Notice of Termination or Suspension. Upon
receipt of any final ternination notice under this Section, the Public Agency shall
proceed promptly to carry out the 'actions required therein which may include any or
all of th cmin ,
e�ssai}• action to tterminate�pend Project
acti� : (1) nec
vitiescontracts 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 well as a ploposed schedule, plan, and budget for terminating
or suspending and closing out Project Activities and contracts, and other
undertakings the cost of which Dare otherwise includable as Project costs; and
(3) remit to the Department such portion of the advance payment previously
received as is_determined by tHe'Department to be due the Department under
the provisions of the Agreement. The closing out shall be carried out in con-
iormi.ty with the latest schedule, plan, and budget as approved by the Depar orient
r upon the basis of _ r� to _ and conditions imposed by. the Dnepa: tment upon the
failure of the Public Agency to furnish the schedule, plan, 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 con-
stitute a waiver.of any.claim which the Department may otherwise have arising
out of this Agreement. _
--8:00 Audit -and -Inspections '-=----- --- - --- - -- - --_ --
The Public Agency shall permit , and shall -require . its contractors
to permit the Department's authorized representatives - _to -inspect all work,
materials, payrolls,, records, a:id ` to audit the books, records , and accounts
for the Public Agency pertaining to the financing and 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 FFIVA,
U,rTA, FAA or FRA as appropriate. The Department reserves the right to review the
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 ONIB Circular No. A-102. Where the project
involves a consultant. contract for engineering, architecture or surveying service,
the participating agency shall comply with the.provisions of Section 287.055,
Florida Statutes, Consultants Competitive Negotiation Act.
10.00 Restrictions, Prohibitions, Controls and Labor Provisions
(a) Conrhliance i%,ith Regulations•. The Public Agency shall comply with
all of the requirements impose y 'Title VI of the Civil Rights Act of 1964 and
with the Regulations of the U.S: Department of Transportation relative to non-
discrimination and MM61 ]i opportunities -for Minority Business Enterprises (MBE,)
in carrying out the Project. 'Mese actions are described in 49 CFR Part 21,
"Non -Discrimination in Federally� Assisted Programs of the Department of Trans-
portation - Effectuation -of Title VI of the Civil Rights of 1964" and Part 23
"Participation by Minority Business Enterprise in Department of Transportation
Programs" hereinafter referred to as Re-ulations which are herein incorporated
by reference and made a part of -'this agreement.
(1) Equal Emplovment (t)portunity. _In carrying our the Project,
the Public Agency shall not discriminate against any employee or applicant for
employment because of race, creed, color, sex, or national origin. The Public
Agency }~rill take affirmative action to insure that applicants are employed,
page 5 of 9
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and that enilo cc- are treated iurinn employment, without rd to their race,
creed, co ex, or national origin. Such action shallde, but not be
limited to, the following: Emm;ptoynent, upgrading, demotion, or transfer;
• recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; an6 selection for training, including apprentice-
ship. The Public Agency shall psert the foregoing provision modified only to
show the particular contracturaE relationship in all its contracts in connection
with the development or operati%n of the Project, except contracts for standard
commercial supplies or raw matkials, 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 zrith-regard- to work per-
formed 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 pro-
hibited by Section 21.5 of the Reulations.
(3) Solicitations for Subcontracts Including Procurements or Materials
and Equipment. In al-1-solicitationsmade-ty competitive bidding or negotiation
y the Public Agency for 11T 6.4, e performed under a subcontract 'including pro-
curement of materials and lease's of equipment, each potential subco:_tractor;suppiier
:or lessor shall be _notified by the .staff agency of obligations Lade: this contract
and the Regulations 'relative to discrimination on the grounds of -race, color,
religion, sex or national origin.
(4) Minority -Business Enterprises. It is the policy of the Department
of Transportation that Minority Business Enterprises GIBE) as defined in 49 CFR
Part 23 shall have the-maximum-;opportLLnity to: -participate in the performance of
contracts _financed in whole or:';in part with federal funds. Consequently, _ the MBE
requirements of 49 CFR Part 23,'apply to this Agreement.
(5) Incorporation of Provisions. The Public Agency urill include
provisions of 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 con-
tractors or their subcontractors shall enter into -any contract, subcontract, or
arrangement in connection irith the Project or any property included or planned
to be included in the Project, in which an}, 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 interests attendant to a duly elected office
holder or an appointed member of a public board. 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 Public Agency and such disclosure -is entered upon the minutes
of the Public Agency with the prior approval of the Department, the Public Agency
may waive the prohibition contained in this subsection: Provided, that any such
v.
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 con-
nection 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 sub-
contracts,,the following provision:
Page 6 of 9
''No member, officer, or employee of the Public i\uncy, or
MWhe locality duriig his tenure or .for one y hereafter
l have any inter st-, direct or indirect, in t is 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) Interest of Members. of or Delegates. to Congress. No member of or
delegate to the Congress of the:'United States shall be admitted to any share
or part of .this Contract or to any benefit arising therefrom.
lL00 - Miscellaneous- Provisions -_
(a) Department Not Obligated to Third Parties. The Department shall
not .be obligated or liable hereunder to any party other than the Public Agency.
(b) When Rights and "Reipedies NOt j=`aived. .In. no event shall the
making by the Department of any;payment to the Public agency constitute or be
construed as a waiver by t'ie De'�artment of any breach of covenant -or any default
which may then exist, on the past'of the Public Agency, and the making of any
such payment by the Department when 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. ---
(c) How Contract Af.Eected by Provisions Being Held Invalid. If any
provision of this Agreement is field invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform -
to the terms and requirements of applicable law.
(d) Bonus or Camrnission. 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.f obtaining.an approval of its application for
the financial assistance hereunder.
(e) State or Territorial Law.. Not}iing in this Agreement shall require
the Public Agency to observe or enforce compliance with any provision thereof,
perform any other act or do zmy'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.
(f) Responsibility for Claims and Liability. The Public Agency shall
save harmless the Department from all claims and liability due to the Public
Agency negligent acts or the negligent acts of its subcontractors, agents or
employees.
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r
r 12.00"Mt of Technical Review
The Department shall have the right of technical review of the work,
and, where the work is reasonably found to be erroneous or inadequate technically,
may withhold; -any sums due under the terms of this Agreement, and may reclaim any
sums already paid; provided, th,t 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 may be simultaneously executed in several counterparts,
each of which so executed shall be deemed to be an original, and such counter-
parts together shall constitute one and the same instrument, -- -
14.00 .Agreement Format `
All words used herein_ n the singular form shall: extend to and include
the plural. All words used in=�.th,e:.plural form shall extend to an include the
singular. All words used in any' ender shall extend to and include all genders.
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i34
t IN 1,,'1TNL-SS It111I�I:OF, the parties hereto have cauS.eci t}lesc presurits to be
executed, thJ ",and year first move ti�,ritten.
J
APPROVED: STATE OF FLORIDA DEPART4IENT OF TRANSPORTATION
BY:
Director of Planning Director of dir_istration
ATTEST: (SEAL)
Executive Secretary
_ PUBLIC AGENCY
- - --. MOLAR UNTY,. FLORID_ A &--W lop
BY:"�
Cho -Orman - Board of Vunty
TITLE: Commissioners - Monroe County
APPROVED AS TO FORM AND LEGALITY: ATTEST: , - .� , (SEAL)
'TITLE: Depu Clerk
Assistant Attorney
BUDGET Hal NO.
JOB NUiNMER
FUNDS
F NCTION
PROJECT ACCOUNTING
IDENTIFICATION
VENDOR NO.
CONTRACT NO.
APPROPRIATION
FEDMAL AID NO.
OBJECT - COST CTR.
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E,C-1 I B I T "A"
This Exhibit forms an intebral part of that certain Joint Participation
ABreement betiveen the State of F1 rida Department of Transportation and
Monroe Countv dated
The Project: Select a new airoort site in north Monroe County
Location: The target area for the new airport site is identified in
The Florida Aviation System Plan. (Key Largo)
t" s
The Project Detail: -=
Deteimdne the land requirements for the airport site that
will satisfy the ayiation demand and be acceptable frG-n
the airspace and ground access standpoint. Economic .
feasibility and environrrental consideration will be provided.
Estimated Total Project Cost....................................50,000
f