Resolution 033-1983
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RESOLUTION NO" 033 -1983
RESOLUTION AUTHORIZING THE CHAIPJMAN 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, FOR THE PURPOSE
OF INSTALLING MEDIill1 INTENSITY TAXIWAY LIGHTS AT
THE MARATHON AIRPORT, JOB NO. 90000-3826.
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 State of Florida,
Department of Transportation and Monroe County, Florida, a copy of
same being attached hereto, for the purpose of installing medium
intensity taxiway lights at the Marathon Airport, Job No. 90000-3826.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 4th day of February, A.D. 1983.
BOARD OF COUNTY COM}1ISSIONERS
OF MONROE COUNTY, FLORIDA
By
"-,
(Seal)
~~::"M~.~ tttQ(
r a C erk
BY
'D AS TO FORM
L SUFFICIENCY.
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W.P.A. Iten No.
Job No.
'Funds
Function
Object
6826625
90000-3826
010
637
798
Vendor IJo.
Contract No.
Appropriation
Federal Aid No.
Cost Center
VI0616108
3-12-0044-01
628
srATE OF FIDRI/)i\ DEPARI'HENI' OF TRANSPORI'ATIOO
DIVISION OF PUBLIC TRANSPORrATION OPERATIONS
Jon:rr PARrICIPATImJ AGREEMENr
\
THIS AGREEr-1EHI', made and entered into this 4th day
of February, ( tB' by and between the STATE OF FLORIDA,
DEPARI'HFJ-IT OF TAANSPORl'ATION, an agency of the State of Florida,
hereinafter called the Department, and M:)NOOE COUNrY, FlORIDA,
hereinafter called the Public Agency.
W I 'II N E SSE T H:
WHEREAS, the Public Agency has the authority to enter into said
Agreement am to undertake the Project hereinafter described, am the
Departr1ent has been granted the authority to function adequately ,in
all areas of appropriate jurisdiction including the implementation of
an integrated and b:llanced transFOrtation system;
r-nw, THEREFORE, in consideration of the Imltual cOvenants.,
promises and representations herein, the pirties agree as follows:
1.00 The purpose of this Agreement is to provide for the
undertaking of an aviation project to:
Install Medium Intensity Taxiway Lights,
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as c1escribed in Exhibits "A" & "E" attache4 hereto and Py this
reference made a part hereof, hereinafter called the Project, am to
provide Departrnental financial assistance to the Public Agency anq.
state the terrrs am conditions l.lFOn which such assistance will be .
provided and the understandings as to the manner in which the Project
will be undertaken and canpleted.
2.00 AccompllShmentof the Project.
2.10 . General Requirements. The Public Agency shall corrmence,
carry on, and canplete the Project as described in Exhibit "A" with
all . practicable dispatch, in a sound, economical, and .efficient
manner, and in accordance wi. th the provisions hereof, and all
applicable laws. .
2.20 Pursuant to Ferleral, state, and Local Law. In the ev-ent
that any election, referendum, approval, permit, notice, or other .
proceed.in'] 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 ooserve, asswre or carry out any of the
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prollslons of the Agreement, the Public Agency will initiate and
<zonsUT'lllB te, as provided by law, all actions necessary wi th respect to
any such matters so requisite.
2.30 Funds of the Public Agency. The Public Agency shall
initiate arrl prosecute to canpletion all proceedings necessary
including federal aid requirements to enable the Public Agency to
provide the necessary funds for completion of the Project.
2.40 Subr1ission of ProceErlings, Contracts arrl Other Dcx::urrents.
The Public Agency shall submit to the Deparbnent such data, re}X)rts,
records, contracts and other documents relating to the Project as the
Department may require.
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3.00 Project Cost.
The estimated total cost of the Project is $74,571.00. This
aJTDunt is based upon the estimate SUITTl'Brized in Exhibit "A" and by
this reference nade a pitt 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. Deparbnent Participation.
The Deparbnent agrees to participate in the Project in the
anmmt of $3,728.00 (including contingencies) or.in an amount equal
to five J:ercent of the project costs, or in an arrormt equal to the
percentage as shown in Exhibits "A" & "B" whichever is less.
5.00 Front End Funding.
Front end funding is applicable. If applicable, the Deparbnent
shall initially pay 90% of total allowable project costs up to an
arrount of 90% of its total share of participation with ten ,percent to
be held in retainage to be disbursed as follows: J 1 ) Five percent
payable at the time of carpletion of construction Qr acquisition
associated with the Project; am, (2) The remaining amormt payable at
the CO"lpletion of the final project audit by the Department.
Comptroller .
6.00 Project Budget and DisbursernentSchedule.
6.10 The Project Budget. Prior to the execution of this
agreement a Project Budget ~ll be prepared by the. Public Agency and
approved by the Dep3.rt:nent conptroller. The Public Agency shall
maintain said mdget, carry rot the Project and shall incur
obligations against am make disbursements of Project frmds only in
exmformity with the latest approved h1dget for the Project. The
budget may be revised ~iodically, but m budget or revision thereof
shall be effective -unless an<l.un't?-lthe Deparbnent shall-have
approved the same. .' ,
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6.20 Schedule of Disbursement. The Public Agency shall provide
the f'lep3.rtment with a tiT'l2-phased schedule of the Dep3.rbnent funds to
'b:? ex-pendErl on the Project. This schedule shall show estir.atErl
disbursements for the entire tem of the Project by quarter of fiscal
year in accordance "Ji th Deparbnent fiscal policy. The schedule nay
be divided by Project fhase v..here such division is detennined to re .
appropriate by the Deparbnent. This schedule shall re updatEd each
quarter tasec1 on a July through June fiscal year and forwardEd to the
Departnent District Office so as to be received by the first day of
the quarter. Changes to the s~hedule involving twenty-five (25)
percent or more of the Deparbnent's share of the Project costs shall
be iTL;ffiiately reported by sul::>rUssion 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 confonnity with
unifonn requirerrents established by the Department to facilitate the
administration of the financing program, separate accounts to re
rraintained within its existing accounting system or set up
independently. SUch accounts are r~ferrerl to herein collectively as
the "Project Accormt". The Project Account shall be rrade available
u:fX)n request by the Department any tirre during' the period of the
Agreement and for three years after final p3.yrnent is nade.
7.20 Funds Rec~ived or Made Available for the Project. The
Public Agency shall appropriatley record in the ProjeCt Account, and
der::osit in a bank or trust cor.pany which is a member of the Federal
Deposi t Insurance CbrpJration, all Payments received by it from the
Department plrsuant to this Agreement am all other funds provided
for, accruing to, or otherwise received an account of the Project,
which Depart.rrent payments am other funds are herein collectively
referred to as "Project Funds". The Public Agency shall r~re the
de:fX)sitories of Project Funds to secure continuously and fully all
Project Funds in excess of the anounts insured under Federal plans,
or under state plans which have been approverl for the de:fX)sit of
Project Funds by the Departn:mt, by the deopsit or setting aside of
collateral of the types am in the rranner as prescribed by State raw
for the security of p.1blic funds, or as approved by the Department.
7.30 Project Escrow Account. The Department nay elect to
provide the Public Agency with a lump sum am::>unt in lieu of
increr.-ental diswrsements baserl on periodic requisitions fran the
Public Agency. Such lurrp sum anounts shall re de:fX)sited by the
Public Agency into a Project Escrcw Account in a bank or trust
coP1pa.ny at interest and fully protected as specifiEd in paragrafi1
7.20. Withdrawals fran the Project EscrCM Account to satisfy Project
requisi lions and p:lyments shall re approved and countersigned by the '4
Depa.rtr.lent Coq:>troller' s Office. Arry funds in excess of the
Depart:r.lent's share as provided in this Agreement shall be remitterl to
the Depa.rtr.lent up:n completion of the Project Audit.
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7.40 Costs Incurred for the Project. The Public Agency shall
charge to the Project Account all eligible costs of the Project.
Costs in excess of the latest approved budget or attributable to
actions v,hich have rot received the required approval of the
Department shall not be considered eligible costs.
7.50 Docur.1entation of Project Costs. All Costs, charged to the
Project, including any approved services contributed by the Public
Agency or others, shall be supjxJrted by prcperly executed p:tyrolls,
t.i.m2 records, invoices, contracts, or vouchers evidencing in proper
detail the nature and propriety of the d1arges.
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7.60 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 mole or in p:rrt to the Project shall be clearly identified,
readily accessible, and, to the extent feasible, kept sep:rrate and
apart fran all other such documents.
7.70 Audit Rep:>rts. At the request of the Dep:rrtment, the
Public Agency shall provide for each of its fiscal years for wch
the Project Accauntremrins open, an audit rep:>rt prep:rred 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 Payrrents.
8.10 Preliminary Action by the Public Agency. In order to
obtain any Department Joint Participation funds, the Public Agency
sha 11 :
8.11 File with the Depart:rrent of Transp:>rtation, District Six
Office, Miami Florida, its requisition on form or forms prescribej by
the Department, and such other data r;ertaining to the Project Account
(as defined in Section 7.10 hereof) and the Project as the Department
rray require, to justify and supp:>rt the payment requisitions,
including (1) the date the Public Agency acquired the property, {2) a
stat6"'\ent by the Public Agency certifying that the Public Agency has
acquired said property am (3) if the requisition covers the
acguisi tion of real property, a statarent signed by the Public Agency
a ttorney certifying that the Public Agency has acquired said real
property; and
8.12 O:>mply 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
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'tiM2s deemed by the Department to be proper to insure the carrying
out of the project and payrrent of the eligible costs thereof in
accordance herewith. However, notwithstanding any other provision of
this Agreement, the Department nay elect by notice in writing not to
m:l.ke a payrrent on account of the Project if:
8.21 Hisrepresentation. The Public Agency shall have m:l.de
misrepresentation of a ooterial 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;
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8.22 Litiqation. There is then pending litigation with respect
to the performance by the Public Agency of any of its duties or
obligations \\hich roy jeopardize or adversely affect the Project, the
Agreement, or payrrents to the Project.
8.23 Concurrence by Deparbnent. '!he Public Agency shall have
taken any action pertaining to the Project which under the
established procedures requires the prior approval of the Depari::Irent
or shall have proceeded to rrake relaterl expenditures or incur related
obligations without having been advised by the Department that the
sarre are satisfactory.
8.24 Conflict of Interest. There has been any violation of the
conflict of interest provisions contained herein.
8.25 Default. The Public Agency shall be in default rmder any
of the provisions for the Agreement.
8.30 Disallowed Costs. In detennining the arrount of the
financing payment, the Department will exclude all Projects 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 ~ich are not provided for in the
latest approved rodget for the Project, and costs attributable to
goods or services received under a contract or other arrangements
which have not been approved in \orri ting by the Department. A letter
of No Prejudice provided to the Public Agency by the Department m:l.Y
provide that expenditures related to the project ITBY be recognized
fran the date of said letter as part of the total project prior to,
am 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
abandons or, before ooP.1pletion, finally discontinues the Project; or
if, by reason of any of the events or conditions set forth in
paragraphs 8.21 to 8.25 inclusive, of Section 8.20 hereof, or for any
other reason, the corrmencement, prosecution, or timely completion of
the Project by the Public Agency is rendered improbable, infeasible,
impossible, or illegal, the Department nay, by written notice to the
Public Agency, suspend any or all of its cbligations under this
Agreement until such tirrE as the event or condition resulting in such
suspension has ceased or l::een corrected, or the Department nay
tenninate any or all of its obligations under this Agreement.
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9.20 Action Subsequent to Notice of Tennination of Suspension.
UpJn receipt of any final termination notice under this Section, the
Public Agency shall proceed prarptly to carry out the actions
required t.~erein whidl nay include any or all of the following: (1)
necessary action to tenninate or suspend, as the case nay l::e, Project
acti vi ties and contracts and such other action as may l::e required or
desirable to keep to the minimum the costs upon the l::asis of vtlich
the financing is to l::e computed; (2) furnish a statement of the
status of the Project activities and of the Project Account as \\ell
as a propose:1 'schedule, plan, am budget for tenninating or
suspending and closing rot Project activities and contracts, .and
other undertakings the cost of which are otherwise includable as
Project costs; and (3) remi t to the Department such };Ortion of the
financing and any advance payment previously recieved as is
determined by the Deparbnent to l::e due under the provisions of the
Agreer'leIlt. The closing out shall l::e carried out in confonnity with
the latest schedule, plan, and l:udget as awroved by the Department
or upJn the basis of terrrs and conditions imposed by the Departlnent
upJn 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 rot of Federal financial
participation in the Project shall not constitute a waiver of any
claim which the Deparbnent my otherwise have arising out of this
Agreement.
10.00 Remission of Project Account U!X)n Corrpletion of Project.
UpJn corrpletion of the Project, and after payment, provision for
payment, or reimburserrent of all Project costs payable fran the
Project Account is made, the Public Agency shall remit to the
Department any unexpended l::alance in the Project Account less its
proportiona te share thereof.
11.00 Audit and Inspection.
The Public Agency shall pennit, and shall require its
contractors to pennit the Depart::I'lent's authorized representatives to
inspect all work, rraterials, payrolls, records; and to audit the
books, records, and accounts of the Public Agency, pertaining to the
financing and devel0p'1eI1t of the Project.
12.00 Contract of :the Public Agency.
12.10 Third Party Agreements. Except as otherwise authorized
in writing by the Department, the Public Agency shall not execute any
contract or obligate itself in any manner requiring the disbursement
of Department joint p:lrticipation funds, including consultant or
construction contracts, with any third person with respect to the
Project without prior written concurrence of the Dep:lrtment. '!he
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Department specifically reserves unto itself the right to review the
. qualifications. of any oonsultant or contractor and to approve or
disapprove the ernploym:mt of the same.
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12.20 Canpliance with Consultant's Canpetitive Negotiation Act.
It is understocrl am agreed by :the parties hereto that part::icipation
by the Department in a project with a p.ililic agency, where said
project involves a consultant contract for engineering, architecture
or surveying services, is contingent on the p.ililic agency canplying
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 Deparbnent in
the selection of consultants, and that the Depart::ment will inform the
Public Agency 'of the Departrrent' s level of participation in selecting
consul tants.
13. 00 Restrictions, Prohibitions, Controls and LaOOr
Provisions.
13.10 Equal Employrrent Opporbmi ty . In connection with the
carryi~ out of any Project, the Public Agency shall not discriminate
against any anployee or applicant for anployment because of race,
creed, color, sex or national origin. The Public Agency will take
affirmative action to insure that applicants are anployed, and that
employees are treated duriIl:J employment, without regard to their
race, creed, color, sex, or national origin. SUch action, shall
include, but not l:e limited to, the follONing: Employment upgrading,
del!Otion, or transfer; recruit.errent or recruibnent advertising;
layoff pr :tenn:i.nation; rates--of pay''Or other forms of corrpensation;
and selection for training, including awrenticeship. The Public
Agency shall insert the foregoing provisirn m:xlified only to show the
particular contractual relationship in all its contracts in
connection with the developnent of operation of the Project, except
contracts for standard CCll"!1!lercial'supplies or. raw materials, arid
shall require all such contractors to insert a similar provision .in
all subcontracts, except subcontra~ts. for -standard. ccmnercial " ,
supplies or raw ITBterials.,When the Project involves installation,
construction, danolition, reJ1'OVal, site improvement, or similar work,
the Public ,Agency 'shall IX>st, in conspicuous places available to
er'1ployees and applicants for enployment for Project \O.Ork, notices to
~ provided by the Dep:lrt1nent setting forth the provisions of the
nondiscr~tion.clause.
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13.20 Title VI - Civil Rights Act of 1964. The Public ,Agency
will canply with all the requirements irrposed by Title VI of the
Civil, Rights Act of 1963 (78 Statute 252), the Regulations of the
Federal Departrrent of Transportation~ issued thereunder,. and the
assurance by the. Public Agency p.rrsuant thereto.
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13.30 Prohibited Interests. Neither the Public Agency nor any
of its contractors or their subcontractors shall ent~ into any
contract, subcontract, or arrangement in connection, with the Project
or any property include:d ,,or plann~ to be included in the Project, . in
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. which any member, officer, or employee of the Public Agency or the
locali ty during his tenure or for one year thereafter has any
interest, direct or indirect. If any such present or former member,
officer, or enployee involuntarily acquires or had acquired prior to
the beginning of his tenure any such interest, and if such interest'
is irrrnediatley disclosed to the Public Agency, the Public Agency with
the prior approval of the Deparb'1ent, rray waive the prohibition
containe:3. in this subsection: Provide:3., that any such present
member, officer or employee shall not participate in any action by
the Public Agency or the locality relating to such contract,
sulx:ontract, or arrangenent.
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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 rranber, 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 .",11 '
14.00 Miscellaneous Provisions. .
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14.10 Environmental Pollution. ' .1\11 Proposals, Plans am
Specifications for the acquisition, oonstruction, reconstruction,
improvement of facilities or equipnent, shall be pr~sented to the
DepartT.1ent for approval. In ~dering such approval, the Department
shall take into consideration. whether ,.such facilities or equipnent ,is
designed and equipped to prevent and. oontrol. ~ironrnental p:>11ution.
14.20 Department Not Obligated to Third Parties. The
DepartJ1lent shall not be obligated or liable hereunder to any p:rrt
other than the Public Agency. ' ,
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14.30 When Rights am Remedies Not Waived. In no ervent sqal1'
the Making by the Department of any payment to the Public Agency'
consti tute or be oonstrued as a v.ei ver by the Department of any'"
breach of covenant .or any default which. nay then. exist,. on. the part
of the Public Agency, and the naking of such paymentby' the .
Departrrent while any such breach or default shall eq.st shall in no
way impair or prejudice any right of raredy available to the '
Departrrent in respect of such breach or default. '
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14.40 Ho.v 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 a::mtinue to confonn to the terms and requirenents of applicable
law.
14.50 Bonus or Canmision. By execution of the Agreerrent the
Public Agency represents that it has not paid and, also, agrees not
to ray, any tonus or corrrnision for the p.lIp)se of cbtaining an
approval of its application for the financing hereunder.
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14.60 state or Territorial Law. NJthing in the Agreement shall
require the Public Agency to observe or enforce compliance with any
provision thereof, p:=rform 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 Deparbnent in writing in order
that appropriate changes and rrodifications may be rrade by the
Department am the Public Agency to the end that the Public Agency
may proceed as soon as fOssible with the Project.
14.70 Use and Maintenance of Project Facilities and Equipnent.
The Public Agency agrees that the Project facilities and equipnent
will re used by the Public Agency to provide or support public
transfOrtation for the period of the useful life of such facilities
am equipment as detennined in accordance with general accounting
standards and apprOlTed by the Derartment. The Public Agency further
agrees to naintain the Project facilities and equipnent in gocd
working order for the . useful life of said facilities or equipnent.
14.80 Disposal of Project Facilities or EquiplTEl1t. If the
Public Agency disfOses of any Project facility or equipnent during
its useful life for any purpose except its replacement with like
facility or equipnent for p.1blic transportation use, the Public
Agency agrees to remit to the Depar1:Irent a proportional amount of the
proceeds fran the disposal of the facility or equipnent. Said
proportional arrount shall re detennined on the basis of the ratio of
the Depa.rtrnent financing of the facility or equipnent to the total
cost of the facility or equipnent as provided in this Agreement.
15.00 Plans and Specifications.
In the event that this contract involves the purchasing of
capital equipnent or the construction and equipping of facilities,
the Public Agency shall submit to the Deparbnent 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 ooncurrence with any approved fOrtions of
the Project am corrrnents or recOl!lTleIldations concerning any remainder
of the Project deEMed appropriate. After resolution of these
corrrnents am reccmnendations to the Department's satisfaction, the
Department will issue to the Public Agency written concurrence with
said renainder of the Project. Failure to obtain this written
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concurrence shall re sufficient cause for non-payment by the
Department as provided in Paragraph 8.23.
16.00 Department Credit Plagues.
Credi t plagues indicating the Dep3.rt:nent' s p3.rticip3.tiQn in the
Project will re installed on each major item of equipnent and
facility CXJnstructed under Dep3.rt:nent financing. The Public Agency
will coordinate with the Dep:rrtment's District Office on the design
and installation of these Credit Plagues. The Dep3.rt:nent may, at its
option, provide said Credit Plagues for installation.
17.00 Multi-Year Canmitrnent.
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In the event this contract is in excess of $25,000.00 or has a
tenn for a period of rrore than one year, the provisions of O1apter
334.21( 8) (a), Florida Statutes, are hereby inCXJrporated:
II (a) The Depart:rrent shall not during any fiscal year, expend
rroney, incur and liability, or enter into any CXJntract \\hich, by
its terms, involves the expenditure of rroney in excess of the
amount hldgeted as avialable for expenditure during such fiscal
year. Arr:i cOntract, verbal or written, made in violation of
this subsection shall re null and void, and no ITDney shall re
p3id thereon. The Department shall require a statement from
the CXJMptroller of the Department that funds are available
prior to entering into any such contract or other binding
ccmni.tment of funds. Nothing herein shall prevent the rraking
of contracts for a pericrl exceeding one year, but any contract
so lTBde shall re executory cnly for the value of the services
to re rendered or -agreed to be paid for in succeeding fiscal
year, and this paragraph shall be incorporated verbatim in all
contracts of the Deparbnent in excess of twenty-four thousand
dollars and having a term for a period of ITDre than one year. II
18.00 Expiration of Contract.
The establishment of a tirre period for COi'Tpletion of the Project
is applicable. If applicable, the Public Agency agrees to complete
the Project within ITDnths fran 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 tine pericrl is granted to the Public Agency in writing by the
Depart:n'ent's Director of Public TransfOrtation 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 initiated.
19.00 Accomplishment of the Services.
a) The Department shall conrnence, carry on, and complete any
and all services, \\hich the Deparbnent and the Public Agency nutually
identify arrl accept .in accordance with the procedures containerl in
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Exhibit C, with all practicable dispatch, in a sound econor:1i.cal,
efficient rranner and in accordance with the provisions hereof, and
. all applicable laws. Work Orders suomi tte::'l in accordance with the
procedures ootlined in :Cx'l1ibi t B shall be accompcmied by p:l.yment for
100% of the total esti..nated cost of the service. In the event that
the total actual cost of the service is less than the total estimated
cost of the service, the Department will remit the difference to Dade
County. In the event that the total actual cost of the service is
greater than the total estirrated cost of the service, Dade County
will remit the difference to the Dep:l.rt:rrent.
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b) The Depart:rrent shall provide the Public Agency with such
data, reports, records and ather documents relating to the Services
as the Public Agency nay require.
20.00 Agreement Formt.
All words used herein in the singular form shall extend to and
include the plural. All words used in the plural form shall extend
to and include the singular. All words used in any gender shall
extern to and include all genders.
21.00 Execution of Agreements..
This contract nay be simultaneously executed in several
counterp3.rts, each of which so executed shall be deemed to be an
original, and such counterparts together shall constitute one in the
same instrument.
-11 -
W.P.A. ITEM NO. 6826625
Job Number 90000-3826
Agreement Date 2-4-83
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
,
BY:
Director of Administration
Director of Public
Transportation Operations
ATTEST:
Executive Secretary
(SEAL)
Comptroller
PUBLIC AGENCY
APPROVED AS TO FORH,
LEGALITY AND EXECUTION
COUNTY
BY:
Assistant Attorney
D~partment of Transportation
-12-
h'f'1\ J tJ
6826625
Job No. 90000-3826
EXHIBIT "A"
This exhibit forms an integral part of that certain Joint
Participation Agreerrent between the State of Florida Deparbnent of
TransfOrtation and the County of Monroe, dated
PRa.JIrr :u::xJ\TION:
" Marathon Airport'
Monroe County
Marathon, Florida
PROJECT DESCRIPTION:
Install MITL on parra11el taxiway 7/25 (500 L.F. each side) and
guidance signs.
PRQJEC'I' BUIX;ET:
Engineering
$ 7,000.00
Construction
TOl'AL
67,571. 00
$74,571. 00
SUM1ARY OF PARI'ICIPATION:
Federal Share (90%)
$67,114.00
Sponsor - Public Agency Share (5%)
3,729.00
Sta te - Deparbnent Share (5%)
3,728.00 (1)
TOrAL
$74,571.00
Note (1): or an arrount 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" (cant)
REVIEW AND REVISION:
The Project Description, Project Budget and Sl.D1TliarY of Participation
will be reviewed at the tine a Federal Grant Agreement is executed and
revised as necessary to be consistent with the Federal Grant.
LEITER OF NO PREJUDICE:
"
This project is the subject of a Letter of No Prejudice fran the
Depar1:1rent to the Public Agency, dated NovEmber 12, 1982, a copy of
Which is attahced hereto arrl ITBde a part hereof , and accordingly, all
eligible costs incurred since that date may receive state frmding and
all costs prior to that date, whether eligible or not, may not receive
sta te frmding.
2 of 2
EXHIBIT "B"
This exhibit forms an integral part of that certain Joint
Participation Agreerrent between the State of Florida Depart:rnent
of TransPOrtation arrl the Cormty of Monroe, dated
Proposed Project Cash FICM
WPA Item No. 6826625
State Job No. 90000-3826
'Ibtal "D" Funds $3,728.00
,
1st
2nd
3rd
4th
FY 83
0.0
0.0
0.0
0.7
FY 84
3.0
0.0
0.0
0.0
1 nf' 1