Resolution 130-1982RESOLUTION NO.130 -1982
RESOLUTION AUTHORIZING THE CHAIP14AN 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 CON-
STRUCTION OF GENERAL AVIATION APRON AT THE MARATHON
AIRPORT.
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 construction of General Aviation
Apron at the Marathon, Airport.
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:RAP'H' V'.
L.
Lit
BOARD OF COUNTY COMMISSIONERS
OF M COUNTY, • aFL5R1,Dkv_ t/ q-e:-'k(YQ
AM
By .>
Zayor/Chairman
FfEP'r`.1 'd Gr J,,';L+ ilS
. kssa. --Va-m.q.••,oe..--.r
686632'
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ot:j 798 FJ','C 307 C - C 6.28
PE 17 0 T4,77
D I L S." 0 N -0 L" P'� 1,1 C
TO!'N'T PjM)".
in�� t-his 5th dav of
I,IiS AG'-IEE,':.4'_,I\TT, riade and P-lit"
!cnc, Oi.
the STATE OF I`LORI-
CP.
April 1 the Of Florida,
(jP R,%I\';;P,)PTAT T0IN, a-iny
cal1i"(1 the Dc,,,I-i-._-t'.Ie"t:, a,"16 Monroe County
Y
"q I
intc,
_ii(7 Ag�;�JICY to E
FEEM2' r L""'
ro -tandertake tril^ -p I - 57
fic.-rein I:t,'- rer-.r
i e
to fij.1)ctirm
1fle p r t m,:- n t !AaE
,-;(Ii ct�; on the
f
e V o
orta-LLion System;
of i ic' t r �_, T) S 1)
f'� r. a t :L C) ri ain r-,, t e q
T Y' T-, 17 IR T-, OOa'mU t-a 9 �A
I ts
-I - a
E--., n - a r( I(r tief, ag
. - - ( -.14 CA 0 2 r
1.0r) a 11 C).: ?. C) tj 1 S
3 11- an aviation project -to:
_
Construct General Aviation Apron
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calLed
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as"'] t (.) .. 1.1
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;_n. .?(.w-,-!. ec-onofiiuc i or, L
Ln I
Lhl:� P. ()V SiOns hereof, and a-IJ
i.i. i; i.;: in t( E, d! I J11
t,_:1 t .:ir-J) Local Law. In the _--mt
rw_ fr e rr, nd i i ik
notice or. r-) t
(7— auth(-11-i-_c.Itioll �1 s
r J. I. C! r a pp 1 i C"'.) to
r. Cy t i I t
r n r t A,T]7.'(_1Pment ol, _0 I ; T! 1 C�
1 t 1 Q'!. (ILIIR C, C'L',
:-issi-iYoo (-)r c-7-i.rry oul- a)1v
1-i.0 il i1c, 11C1.1 11.7i Ll i.n .bate
.)\71 cl J)v
zls, pr-
:i1:illa c t. io i-)s riece;nary aiti
-Iv Cii, C1 mcc,tter.,,, v
eq ui C- .
0 Q C. hci! CA, 7 initiate
.;hall
ro Coi,wletian :111
nrocr.,c..,dings necessary inc I., (14 rL q federal
r e t�d enable
icy to
Ell? 4 C 71 CT (,, -)rc, 4,:1e the 'necessary
Pr _oc -ec Contracts and Other Dc�(:,-umrn �.ts.
2 4 0 Sc,"nMiss, Of _�cllncfL
Aq I:, n c y subm'it to ,n�.r
DrtmenL such data, renorts,
.,;),CCI C., ra C ts a n. C I o t z relating to th- Project as
3 0 P_,.-oject Cost.
444,444.00
vt of thc Fro -'�-..ct a I c.
I)OC)II th,;a ef�timate in x h JL 1) i A
C '03 C L lie re TDC, P,Jblic ,ii.ncY acireeF,
iln t-ot,31 cosl-. of -tile
�J 4
C Gi !i,a i.,..on
a r T i a r e e 5 ; t:
2 2 2 0
C") r
L r,"; o s t <3 1: an r-.o u n -
A & B wh-ich -
ry) F7. o u d
t: en d f -m d n �
rile -.It 11 t ia 1. 1'. o u.; a 11 u.": -a b 1 e r 0 j 0 C 'L- Costs
pc-irticipa.tir)n w t t --n
t,.- t t
A. d -ws - Five
i c-, e I'l �_11 Lo b,-,- ei i: b u r s e, foll - o (1)
I "Ic, - '). - _L - ricclu.is' tion
%J 1- 1 1
C L oa.
r i ;2' The o.-;i:iiz:J_nq, amount p-,v-. le at
-)v r
J I t D o r, n t C Lt. o i 1. r
7 7
. �0 Project Buda et and Di-sbUr soment Schedu_l.e.
6.10 The Project Budgct. ': Prior to the execution of this agree-.
:n^nt a Project F.: udget shall L-e . prepared by the. Public Agency and
sprrc.v,ed by the Department comptroll-c-r, The public Agency shall main-
i�-a".n sbid budget, carry out thc':, Proliect and shall. incur obligations
n against and make disbursemets .of Project funds only in conformity with
Lila latest approves huclget for the Project. The budge-L may be revised
periodically, but no budget or revision thereof shall be effective
UI1less and until the D,!partluent sha.1.1 have 3i-proved the same.
6.10 Schedule of Disburselr..el;t.s. The Public Agency shall pro-
vid~_- the Dec•artment- with a. tulle -phased ::,c liedule of the Department
fur_:: s to be expended on the Project. This schedule shall. show
t-.stimated disbursements 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 dlv.isio'n is de-
i:.t'J"7?lJ_n�'d to bea1�h_'G;J1: appropriate by t;h� Depai:tm ,nt . ['?lis schedule shall
be updated each quarter based on a ,Tiny through June fiscal_ year and
foz!:%ard(-_,d, to the Dehart.!iient District Office so as to be received by
the First: day of thiC:' Cluarter. Chan 7es, to the sc!'I 'dule involving
'•...wellt�•-� :tie � 2a) percent or mo' e of tl:' C.'-art:rlc:�t'r. shar.c of the
rojec : cE:S s shc)il bo J.riure.�ii%at c. y re-pur'te;1 lby 'uftm_ osior of a sup-
i:l.e-mental_ schedule. Failure by the Public Agency to provide these
5c`odules shall be considered default and treated in accordance with
Paragraph 8.25.
7. 00 Accoun t inu Rec or. cJs .
7.10 Estab_l.ishmenL and Maintrnance of ?iccount -ng Records. The
PlJ,il_:_ Agency shall establish for toe Project, in .conformity with
uniform requirements established by. the. Department. to facilitate
the administration of the financing program, separate accounts to be
mairltzl:i.ned within its existing' accounting system or set up indepen-
dently. Such accounts are referred to herein collectively as the
"Prc_ject Account". The Project Account shall be made available upon
?request by tile. Department any time during the period of the Agreement
and for three years after final payment is Illade .
7.20 Funds Received or Made Available for the Project. The
Public ?agency s'A all appropriately: record- in tine Project Account, anct
d.el::Ds.i.t in a bank or- trust company which .is a. member of the Federal
Deposit :Insurance Cor-peraticr:,all Payments received by it from
the 1 e:pa.r. t!nent. pars Iant to this P',:-iroement and all. other funds pro-
v i.ded for, accruing to, or otherwise received on account of the
P rojoc t, -;which De;.jar. Ua?nt pra-ylnents arid other funds are herein
ccl lc!ctively referre�ci to as "Prroject Punds" . Ttie Public Agency shall
re,- the dc_'posi for ies cif Pl.io-jec::t ?urhds to secure continuously and
fully all Proioct L'unds in excess of Llhe arnoul:ts insured under Federal
plans or under State plans wiit'ich have been approved for the deposit
Cf i.'rojec.;t funds by the IJEpi7ri!';lnellL, by the depos-it or se:.'t1:._Lng asi..de
O i cc; l..t.atera I- oI t1he, types and. in t-he manIler as prE`.SCr ihed by estate
L��w for the security of public' funds, or as approved by the Department.
- Z -
F.ev. . 6-15-"i 7
30 ''Pro j?ct: i;scrow flccoui� l t. The Department may elect to pro-
vida the Pub-Cic Agency wit�i a IiI11p sum amount in lieu of incremental
disbursementsbased on ;?er.iodic requisitions from the Public Agency.
Such lump sum amount shall be d posited by the Public Agency into a.
'_=•rojcct Escrow Account in a banl or t.r�Ist compaliy at interest and
fi:71_y prot:��cted as specified in Paragraph 7.20. Withdrawals from
the. project Escrow Account to sat.�.sfy Project requisitions and pay-
Ilic nt S shall be approved and couriters.i.gned by the Department Comp roller's
Office. Any funds in excess of't!'le Department's share as provided in
this Agr2emtent shall be remitted to the Department upon completion of
the Ploj(_'ct Al]'iit'..
7 . •10 costs:Lr:curYe�� fort.!I_'- Fi`v ectl. The Pu!)lic T�gQancy shall
c};�,; ._e �r.c the Project Accountail e1 �_r,1��1e costs of the Project.
costs in e-:cess of .the latest a:�t roved budget or attributable to
a( -ions which have not received the required approval of tl)a DEpart-
inent. shall not be considered eligible costs.
7.50 Documentation of Prot Costs. All Costs, cl�arged to the
Project, inublic
clucl'ing any apt roved services
eted by xecuted payrolls,
Agenc�;� or others, shall_ be supported by properly Y F' y -
t,_I(te fE COids, 1nVO1C'AS, COnl-rac,ts, or vouchers evidencing in prober
detail ti1e nature and propriety of the charges.
7.60 checks, orders, and Vouchers. Any check or order drawn by
tho Public Agency.. wit;hyrespect , to any item which 'is or will be
charegeable against the Project Account will be drawn only in accord-
3I:CE Vith 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,
vouci:ers, orders, or other accounting documents pertaining in :whole
or in Dart to the Project shall be clearly identified, readily
accessible, and, to the extent feasible, kept separate and apart
from all other such documents.
7.7.0 Audit Reports. At the request of the Department, the Public
Aciency shall provide for each of its fiscal years for which the
11rojcct Account remains open, an audit report prepared either by its
oLficial auditor or audit agency or an independent certified public
account.ant, reflecting in detail the use of the funds of the Depart
-
rient, t11-le Public Agency, and those from any other source with respect
to Li"ie Project.
8.00 R_oivisitioi:s and Pa'yment:^ .
,;. i0 p.i:-el.iniinary Act -ion by__t.he Public Auenc . In order to obtain
and Departli?Tlt Joint Particip�ltion funds, the Public Agency shall:
8.11 file with the Depar. tmcn t of Transportation, District Six
T- -�"-`�--iorr�: or ,_orn:s-
Off_ice, Miami _ Florida, its requisition on
prescribed by the Depart.ment,and such other data pertaining to the
Project Account (as defined in Section 7.10 hereof) and the Project
as the I;epurtment may require, to justify and support the payment
4 -
Rev;. 6-1.5-77
170
New J S 1"t i 0"111111111
u,jinq (1) So dW
Lho
Public ASqnoy'acquillill
prohyrQ,
21
a staLament hy
So Vuhlic
Agrncy
certifying Lhat
tho %lic.Agency
has acquired nvid
pi,orty
and (3)
if the requi-
Wfun cavaps
the
auquisiLion 0
'eal
proso0y, a
Vatemont signed
y ne r0lic
AgUMLY
Wornry verhilying
WL Lhe
MIR Agency his
a(qr;rPd said
real
property; anus
2.12
Comply
with all applipolin
provisions of
this Agreement.
0.20 IQ Departs;? 's DOOR IF' Subipint to other provision,,
T Tn on Q n n li t equ i s i bons ons in amounts and
at Limps denmed b.1t the Oepartmi;Qj to be proper to insure thy. corrying
�!t of Lhe Prqluct and payount o( Lho aligioln cysts thereof in
MLOMME nerewith, However, o4tw1t0tanding any other provisicn,
V this AgrivEment, the Deparunpnb may clecL by notice in writing not.
lu moke a paymant on account of thn Project it:
o. -.1 L�i s i t at i M The Public Agency shall Wit mW'...
Wsr21)resentation or a malTial More in its Application, or any
supplemint thereto or amendment thereof, or in or with respect to any
document of GO furnished thercyith or pursuant hereto;
8.22 Uti ation. T02re iythen pending litigation with
__.9.
10SPOS co the pKARnarce by th, PuLlic Agency of any of Us dutie,
of uhligaLivns which mEy jeopard[ze vr aMrhely affect-thp Project,,
the Agreement, or pa,,nments to tht." Prajoct.
S11.23 Concurren-W b- D The Public'Agency shall
hav,zt t�lken Z, r�, Ito the Projuct which under the
Pi-511shed pruadurias requirns the prior approval of the Departmiont
or shall have proceedad to make related expend iEures or incur re-
!j QlQatiuns without havingleen advised Ly thn Department that
Wo stir are sat.isfactery,
3.24 WON& of Interests! 15ure rij-, oven any vOlation
(,-F in.Ler-st p-ovisions cantOnad herein,
305 efault: The Public WY, shal 1 Q in defaMt und. r
;if''.'the TAMTons ov the Aqj'�.'.iO
em-nn.
sa Wdric-min,ny Lhu amount of the-fk.rc-
W Costs.
ny Win, Kent, tnc- w i 11 exr 1 uds all Projects costs recurred
rred
VV It WIR Agency prior to the efOctive date of this Agreement ot,
P:i r En 02 Wo oF a MW WIn Prejudi., , costs incurred by the
Wkc AgwAcj Mich ire = pi' vydvd fay in the latest approved budget
jar the Projact, and costs attripatable Lo goods or services received
.PnOr a contiact or oW, arrany"nonts which have not been approved in
�iillkq by the PapartrouL. A letter of No Prejudice provided to the
POW AqWCY by th9 OPPAMMUML I nAy provide that exp2ndiLures related
to the project may by recoyAn(I ft= the daLe of said letter as part
of the total project prior to, and subject to, thn effective date of
-he Oint Participation Agri
Y, 01 To rm i na t i,.-,n o it Su', _SLI jl-: P rq�
9,10 Torminhion or Sn, cin-NoWn I�VpNqjly. if the Public Agency
6 ':� �.,, 71 e � W!
iib,:,l.donc, or , ; -r-)T,.,--ion, ITIna i ly discontinues the Project;
fs-7
9 r i f I by =I i c, f air'.; c v o i i f � u r rondi t i on s Scat f 00. 1
p6ragrdphs 8.21 to 8.25 NOW e, PC Section 8.20 hereof, or for
any other reaso", the ciKonc-toont, nrcisecution, or timely completion
Uf the Project by the Tublic Aqcncy is rendered improbahle, infeasible,
Wpossible, or itleinakthe Depirtmtnt may, by written notice to the
Public Agency, nuspand any or all ref its obligations undor this
Agreement until such time' .1
as the event or condition resulting in such
r -
suspengion has ceas9d or been cirrocted, or the Department may termi-
pate any or all of its PbligaLions under this Agreement.
9.20 Actij_)n !�!byequpnt to Notice of lermination of Suspensi-on.
UpW receipi-of my final te ri;i i n ij L J -o-;TTi (lCfc(T -f _11i S_ —Se H_%06 —,ih the
Public Agency shall proceed prolptly 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 contricts and such other action es may he rpqui red or desirable
to knep to the minimum the cost; upon the basis of which the financibq
is to be carputed; (2) furnish a itatement of the status of the
Project activities' and of the Koject Account as well as a proposed
icnedule, plan, and Wget for terminating or suspending and Kosin,.-I
out Project activities and contracts, grid other undertakings the cost
of ,.hick are otherwise includable as Project colts; and (3) rumit to
the VparLment such portion of the finincing and any advance payment.
previchsly received. as is detarkined by the Departnent-to be due
We- the provisions of the Agrigement, The closiog out shall n..
arried A"t in confucmKy with the latest sch-oule, plan, and hudget
as a;wrwxd by the Departmew or upon the basis of terms and conditions
imposed by the DeparLment.upon the failure of the Public Agency to
furninh the schedule, plan, andAudget within a reasonable time. The
agcrptance of.a remittancE by the Public Agency or the closing out
of Rjunal finincial participatio'n in the Project shall not constitute
WVver nF ony Clain which the-Wariqunt miy otherwise have arising
W ci mis Agreement. i
10.0 -Remi.ss ion J Pro yt A'__C nt Utz_ I eViTI of Project.
lien cuipletion of the Protect, and after payment, provision for
kalvent, or reimbursement of all PrOjeLt crisis paypble from the
Prulect Account is made, the Public Agency shall remit to the .
Mortment any unexpended balance in the Project Account less its
proportionate share thereof.
1 1 M Audit and Inspe V1,
.Thu Public Agency shall peOmiL, and shall requirc its contractors,
to permit theMpartment's authorized representativus to inspect all
"oik, maturials, payrolls, records; and to audit the bnoks, records,
ani accounLs of the Public Agenfy, perkining to the financing and
davelcipment of the Project,
IWO Contracts of the Public Agypy.
1WO mill rl, Except a; irk niisn auturiAed if!
writin, thi-Kpartwent, the Public Agpncv shall not rxecutQ Nv
contract or Gligate i Wel C -it-, Ui:y ill„ ,not ocno iring the disbursaven;-
rf NpavtnTnt joW penticipitilon including coniultant or
.nonitinction contracts, with A third pernar wiLn respect to thic,
Y
Pr6joK WWI the ,prior writion ccNcurreqv.0 thn 1.1F`psatment.1 The
11g
Department specifically reserves
qualifications of any consultant
disapprove the employment of the
unto itself the right to review the
or contractor and to approve or
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 oroject 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, 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, 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 termination; rates of pav or other
forms of compensation; and selection for training, including appren-
ticeship. 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 commercial supplies or raw
materials, and shall require all such contractors .to insert a similar
provision in all subcontracts, except subcontracts for standard com-
mercial supplies or raw materials. When the Project involves installa-
tion, construction, demolition, removal, site improvement, 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 provisions 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 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
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, the Public Agency with the prior approval
of the Department, may waive the prohibition contained in this sub-
- 7 - Rev. 6-15-77
171
section: 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 -there-
after 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 Specifi-
cations for the acquisition, construction, reconstruction, improvement
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 Obli ated to Third Parties. The Department
shall not be obligated or liable hereunder to any part 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 con-
stitute 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 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 Iiow Contract Affected by Provisions Beinq 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 continue to conform to the terms and requirements of applicable
law.
Rev. 6-15-77
M
14.50 Bonus or Conln:issi6n
Public Are=_ncy represents that�a_
to pay, any bonus or ==issi n
approval of its application for
By execution of the Agreement the
t has not paid and, also, agrees not
for the purpose of obtaining an
the financing hereunder.
14.50 State or Territorial Law. Nothing in the Agreement shall
tLt
require the Public Agency to bbserve or enforce compliance with any
.:zovi.lion thereof, perform any other act cr do any other thing in
con-
travention of any applicable State law: Provided, that if any of
the ��rovisiors of tti.� 1�urcemen'� violate any applicable State law,
Lhe Pubi.ic Agency will at once: notify the Department in writing in
ceder that appropriate changes and modifications may be made by the
e.partment and the. Public Agency to the end that the Public Agency
,a.y proceed as loan as possible with the Project.
14.70 Use and :,Iaintenance of ?.ro_ject Faca _lities and Ecpuj.pmcnL.
The Public Agency agrees that thePrc jcc.t faci_ .es and equipment
will be used by til_ Public Agency to Provide or support public trans-
p.ort_ation for the period of the useful 'life of such facilities and
r'.:�1.13.'P ,lent as de-t-ermined in accordance with general accounting standards
o.nd-:,nrojted by the Department. The Public Agency further Agrees to
iaai_nta.in the Project fac:iliticis and eciuirment in good working order_
for 'the useful life of said, facilities, o; equiplTient.
14.80 Disposal of Project Facilities or Equipment... 1 f the Public
Ag.,�iricy disposes of any Project: facility or equipment during its useful
li.fa for any purpose except its replacement ;with lake facility or equip-
ment for public transportation use, the Public Agency agrees to remit
to the Department a proportional amount of the proceeds from the dis-
posal of the facility or equipment. Said proportional amount shall. be
det -n- mined on the basis of the.' ratio of the Department financing of
the facility or equipment to the total cost of the facility or equi.p-
nlent .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 written
conc-arrence i-iitii any appr•o Ved portions of the Project and corwments or
recu-maendatio s concerning any remainder of the Project deemed appropriate.
After resolution of these coraiients and recorlmendations to the
Department's satisfaction, the. Department will issue to the Public
Ac,f,-nicy wri.tL(-.:n concurrence wit il said remainder of the Project. Failure
to obtain this c•rritten concurrence: shall he sufficient cause fornon-
payi-.irmt b% the: i)cpart.munt as .provide.d in Paragraph 8.23.
16.1,,0 Del:,artinent Credit. Plaques
Credit plaques indicating the Department's participation in the
Project will be installed on Each rlajor item of equipment and facility
cons -trusted under Department financing. The Public Agency will coor-
dinate with th Department's District office on the design and in-
stailatior_ of ttlese Credit Plaques. The Departa-ent may, at its option,
provide said C:r-edit Plaques for installation.
9 - Rev; 6-15-7.7
I f I
' t
11.00 bluiti-.Yen- Coinmit.rLient.
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_
334.210) (a) , Florida Statutes, are hereby incorporated:
"(a) The Department shall not, during any fiscal. year,
expend money, .incur any lia?-ility, or ranter into any
con,trac ` v-hi.c:h; by its term-;, i.nvol.'?es the e.xpenditure
OS. money :in e cesc of the amounts bi.dgetsd as avai labIE'
Ivor elxpendlture, dur.-LAn a1:c11 fiscal year. Any contract.,
v(.:!r.bal or writtcn., made in violation of this subsection
shall be null an:' void, al:d no money shall the pai-
d tPE:reon.
The Department shall require a statement from the comptroller
,,f the Department that funds a-:e available prior to entering,
into any such contract or other binding coywiii.Lment of Dinds.
Nota.ii-I here-I.n. chall prevent the making of contracts i:or a
,sera od exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendored
or agr,er:d to be paid for in succeeding fiscal years, and
Lhis paragraph shall be incorporated verbatim in all contracts
of th.e_ Depart -went in excess of twenty-five thousand dollars
and having a terra for a period of more than one year."
18.00 Expira ion of Contract:
The establishment of a time period for completion of the
Project N�-4 (is not) applicable. If. applicable, the Public Agency
agrees to complete the Project within months from, the date
first shown in ,this contract. If the Public Agency does not complets
tl.e 'roject within this time period, this contract will expire unless
an extension of the time period is granted to the Public Agency in
•-�_i.ting by the Department's Director of Public Transportation Operations.
of this contract will be considered termination of the
1,rcc ject and the procedure established in Paragraph 9.00 of this
cc;:_i:__GcU: .,mall be. initiated.
19. 00 iyC4r aejRe?1C. Forma -'-
All words used herein in the: i _gular form shall ext.;:nil to and
include the _- 1 lu3_a.l. All words us .d in t1le pl:,.. ai_ form shall extend to
TtC.1ti:C�E'. 'r-iI S]_ai:Ui.ur . A11 oiards u 1ed in an`;' +j+_nder eX1:erd
7 .
all genders.
20.00 )-_,;ac:.ition of P.gre,-ment
This iUritl:•aC may be sii-mlllcancousil executed in several counter -
each oL wh-ic.1h so executed shall be dee-ned to be an original,
such counterp:;r�s togethe,- shall constitute one in the same
a it t t t.ifi;(?Il t .
Rev. 6-1.5-77
JOB 90000-38Z4
AGREEMENT DATE
IN WITNESS WHEREOF, the 'arties hereto have caused these
presents to be exccuted,,the day and year first above written.
APPROVED:
Director o Public Transpor-Eat3 an
0>>e.rations
1.
Comptroller
APPPOvE D AS TO FORM,
LEGALITY AND EXECUTION
.Assistant Attorney
Department of Transportation
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
0
Deputy Secretary for Administtrat
ATTEST:
Executive Secretary
PUBLIC AGENCY
(SEA'.
MON 0 COUNTY, FLORIDA
BY:
airman - Board o County
TITLE: Commissioners - Monroe County
�flwe V
ATTEST: �•C (S
��Lll
TITLE: Dep y Clerk
18S
Rev. 6-15-77
"'�Z"P3
B . I . 41:
2
Job :
90000-3824
EXHIBIT "A"
- This exhibit forms an
integral part
of that certain
Joint Participation
Agreement between the: State
of Florida Department
of Transportation
and
the County of Monroe, dated
PROJECT LOCATION:
farathon Airport
Monroe County
Marathon, Florida
PROJECT DESCRIPTION:
Construct and mark -4- 12,500
SY General Aviation
Apron
PROJECT BUGDET:
Engineering
27,000.00
Construction
417,444.00
TO r,L
$444 ,444.00
S,; IIMj`-iARY OF PART I C I PAT ION:
Federal Share (90°1))
$400,000.00
Sponsor - Public Agency
Share (5")
22,222.00
State - Depart:ilent Share
(5°>)
22,222.00 (1)
$444,444.00
Note (I): or an amiount equal i:o 5G'' of the eligible and allowable
non-Ietderal share of the cost of the project, whichever
is less.
1 of 2
114
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 September 28, 1981, a copy of
which is attached hereto and made a ;art 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 funding:
2 of 2
AS
25
20
1,
10
5
EXHIBIT "B"
This exhibit forms an integral part of that: certain Joint
Participation Agreement betweenfi the State of Florida Department
of Transportation and the County of Monroe, dated
Proposed Project Cash Flow
B.I. 41686632
State Job No. 90000-3824
Total "D" Funds $22,222.00
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Ape
---- 1982----------- - ----- 1983 ----
Page 1 of 1
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