Resolution 034-1983
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RESOLUTION NO. 034 -1983
RESOLUTION AUTHORIZING THE CHAIRHAN OF THE BOARD OF
COUNTY COM}1ISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BE-
TWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPOR-
TATION AND MONROE COUfITY, FLORIDA, FOR THE PURPOSE
OF CONSTRUCTING AN ACCESS ROAD, INSTALLING MIRLS &
THRESHOLD LIGHTS, INSTALLING MITLS, CONSTRUCTING
CRF BUILDING AND INSTALLING AC AND GA APRON LIGHT-
ING AT THE KEY WEST INTERNATIONAL AIRPORT, JOB
NO. 90000- 3825.
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 110nroe 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 constructing an
access road, installing MIRLS and Threshold Lights, installing MITLS,
constructing CRF Building and installing AC and GA Apron Lighting
at the Key West International Airport, Job No. 90000-3825.
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 COMMISSIONERS
OF ~ONROE COUNTY, FLORIDA
BY... '-<: A ~ (1 :8 ~ 1...N~ 4'~-cl~ ,h
( ayor C a1.rman c..' I .
(Seal)
'-,
At t est: RAlPH \~. ~JJ}1nEl C1!RK
~ 'xu:.. ~ "".f ~.n.e.
\ Clerk
APPROVED AS TO FORM
AND SIJFFICIENCY.
BY _
W.P.A. Item No.
Job No.
funds
Function
Object
6826628
90000-3825
010
637
798
Vendor No.
Contract No.
Appropriation
Federal Aid No.
Cost Center
V60306008
3-12-0037-01
628
STATE OF FIDRIffi DEPARl'MENI' OF TRANSroRrATION'
DIVISION OF PUBLIC TRANSPORI'ATION OPEAATIONS
JOINI' PARrICIPATION AGREEMENI'
THIS AGREEMENr, made and entered into this 4 th day
of February JI' V3 by and between the STATE OF FIDRIDA,
DEPARI'MENI' OF TAANSroRl'ATION, an agency of the State of Florida,
hereinafter called the Department, and MONroE mUNI'Y, FLO~,
hereinafter called the Public Agency.
WIT N E SSE T H:
WHERFAS, the Public Agency has the authority to enter into said
Agreement arrl to undertake the Project hereinafter described, arrl the
Department has been granted the authority to function adequately in
all areas of appropriate jurisdiction including the implementation of
an integrated and balanced transportation system;
In'V, THEREFORE, in consideration of the mutual covenants,
promises and representations herein, the parties agree as follows:
1.00 The PJIPOse of this Agreenent is to provide for the
undertaking of an aviation project to:
1. Construct Access Road
2. Install MIRIS & Threshold Lights
3. Install MITIS
4. Construct CRF Building
5. Install AC and G\ Apron Lighting
as described in Exhibits "A" & "B" attached hereto and by this
reference nade a part hereof, hereinafter called the Project, and to
provide Departmental financial assistance to the Public Agency and
state the terns arrl conditions uFCn which such assistance will be
pravided and the understandings as to the rranner in \\hich the Project
will be undertaken arrl completed.
2.00 Accanp1ishrrent of the Project.
2.10 General Requirements. The Public Agency shall corrrnence,
carryon, and canplete the proj ect as described in Exhibit "A" with
all practicable dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions hereof, and all
applicable laws.
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2.20 Pursuant to Federal, State, and !Jxal Law. In the event
that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to
enable the Public Agency to enter into this Agreement or to undertake
the Project hereunder, or to observe, assurre or carry out any of the
provisions of the Agreerrent, the Public Agency will initiate and
consurmate, as provided ~ law, all actions necessary with t"espect to
any such rmtters so requisite.
2.30 Furrls of the Public Agency. The Public Agency shall
initiate arrl prosecute to completion all proceedings necessary
including federal aid requirements to enable the Public Agency to
provide the necessary funds for completion of the Project.
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2.40 SUbrhission of Proceed~s, Contracts and Other Docwnents.
The Public Agency shall submit to the Department such data, refX)rts,
records, contracts and other documents relating to the Project as the
De~t rray require.
3.00 Project Cost.
The estimated total oost of the Project is $674,522.00. This
amount isoosa1 upon the estirnate SUITITarized in Exhibit "A" and by
this reference rrade a rart hereof. The Public Agency agrees to bear
all expenses in excess of the estirnated total cost of the Project and
any deficits involved. -
, 4.00 r>epartIrent Participation.
The Department agrees to p3.rticipate in the Project in the
amount of $33,726.00 (including contingencies) ,or in an amount equal
to five percent of the project costs, or in anarrount 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 Department
shall initially p3.y 90% of total allCMable project costs up to an
arrount of 90% of its total share of participation with ten percent to
be held i:ri retainage to be disbursoo as follCMs: (1) Five percent
payable at the t.ine of a:mp1etion of construction or acquisition
associated. with the Project; am (2) The rerraining arrount payable at
the <XI11pletion of the final- project audit by the Dep3.rbnent
Comptroller.
6.00 Project Budget and Disbursement Schedule.
6.10 The Project Budget. Prior to the execution of this
agreement a Project Budget shall be prepared by the Public Agency and
approved. by the r>epartIrent corrptro1ler. The Public Agency shall .
rraintain said l::udget, carry rot the Project and shall incur
obligations against an::1 rrake disbursenents of Project funds only in
oonfonnity with the latest approved l::udget for the Project. The
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budget my be reviseJ. periodical 1 y, but no budget or revision thereof
shall be effective unless and until the Depart:rrent shall have
approveJ. the same.
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6.20 Schedule of Disburserrent. The Public Agency shall provide
the Department with a tiine-phaseJ. schedule of the Deparbnen!: funds to
be expended on the Project. This schedule shall show estirrated
disbursements for the entire tenn of the Project by quarter of fiscal
year in accordance with Deparbnent fiscal fOlicy. The schedule rray
be divide., by Project phase where such division is detennineJ. to be
appropriate by the Depclrtrrent. This schedule shall be updated each
quarter baseJ. on a July through June fiscal year and forwarded to the
Department District Office so as to be received by the first day of
the quarter. Changes to the schedule involving twenty-five (25)
percent or rrore of the Departnent' s share of the project rosts shall
be irrrnediately rerx>rted by submission of a supplemental schedule.
Failure by the Public Agency to provide these schedules shall be
considereJ. default and treateJ. in accordance.with Paragraph 8.25.
7.00 Accoonting Records.
7.10 Establishment and Maintenance of Accounting Records. The
Public Agency shall establish for the Project, in ronfonnity with
uniform requirements established by "the Depart:.ITent to facilitate the
administration of the financing program, separate accounts to be
lTBintained wi thin its existing accounting system or set up
independently. SUch accounts are referred to herein rollectively as
the "Project Accmmt". The Project Acrount shall be rrade available
upon request by the Deparbnent any ti.rre during the period of the
Agreement and for three years after final payment is rrade.
7.20 Funds Received or Made Available for the Project. The
Public Agency shall appropriatley record in the Project Acrount, and
deposit in a bank or mISt corrpany which is a member of the Federal
Derx>si t Insurance COr}:X)ration, all Payments received by it fran the
Department plrsuant to this Agreement and all other funds provided
for, accruing to, or otherwise received on account of the Project,
which Department payments and other funds are herein collectively
referred to as "Project Funds". The Public Agency shall require the
depositories of Project Funds to secure continuously and fully all
Project Funds in excess of the arrounts insured under Federal plans,
or under state plans which have been approved for the deposit of
Project Funds by the Depart:.ITent, by the deopsit or setting aside of
collateral of the types and in the rranner as prescribed by State Law
for the security of pililic funds, or as approved by the DepartrrEnt.
7.30 Project Escrow Account. The Deparbnent rray elect to
provide the Public Agency with a lump sum arrount in lieu of
increrrental disbursements based on periodic requisitions fran the
Public Agency. SUch lurrp sum arrounts shall be deposited by the
Public Agency into a Project EscrON' Account in a bank or trust
ronpany at interest and fully protected as specified'in Paragraph
7.20. Withdrawals fran the Project EscrON' Account to satisfy Project
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requisi tions am payments shall be approvro and countersigne::l by the
Department Comptroller's Office. Any funds in excess of the
Depart.r.1ent's share as provided in this Agreanent shall be remitted to
the Deparbnent upon CO'1pletion of the Project Audit.
7.40 Costs Incurred for the Project. The Public Agen9,Y shall
charge to the Project Account all eligible costs of the Project.
Costs in excess of the latest approve::l budget or attributable to
actions v.hich have rot received the required approval of the
Department shall not be considere::l eligible costs.
7.50 Docurrentation of Project Costs. All Costs, charged to the
Project, including any apprave::l services contributed by the Public
Agency or others, shall be Sllpportro by properly executed payrolls,
ti.nE records, invoices, contracts, or vouchers evidencing in proper
detail the nature and propriety of the marges.
7.60 Checks, Orders, and Vouchers. Arry check or order drawn ~
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 p.rrpose for which
such meck or order is drawn~ All checks, payrolls, invoices,
contracts, vouchers, orders, or other accotinting documents pertaining
in whole or in part to the Project shall be clearly identified, ,
readily accessible, and, to the extent feasible, kept separate and
apart fran all other such documents.
7.70 Audit Rep:::>rts. At the request of the Department, the
Public Agency shall provide for each of its fiscal years for v.hich
the Project Account reI!ains open, an audit report prepared either by
its official auditor or audit agency or an independent certifie::l
public accountant, reflecting in detail the use of the funds of the
Department, the Public Agency, and those fran any other source with
respect to the Project.
8.00 Reouisi tions and Payments.
8.10 Preliminary Action by the Public Agency. In order to
obtain any Department Joint Participation funds, the Public Agency
sha 11 :
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8.11 File with the Depa.rt:rrent of Transportation, District
SiXOffice, Miami Florida, its requisition on fom or fonns prescribed
by the Department, and such other data p:=rtaining to the Project
Account (as defined in Section 7.10 hereof) and the Project as the
Depart:ITlent nay require, to justify and support the p3yment
requisitions, including (1) the date the Public Agency acquire::l the
property, (2) a staterrent by the Public Agency certifying that the
Public Agency has acquire::l said property arrl (3) if the requisition
covers the acquisition of real property, a statement signed by the
?ublic Agency attorney certifying that the Public Agency has acquired
said real property; and
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8.12 Comply with all applicable provisions of this Agreement.
8.20 The Department's Obligations. Subject to other provisions
hereof, the Department will honor such requisitions in arrounts and at
ti[1",(2S oeemed by the DepartT.lent to be proper to insure the carrying
out of the Project and p3.yment of the eligible costs thereof in
accordance herewith. However, notwithstanding any other provision of
this Agreement, the Dep3.rtJnent nay elect by notice in writing not to
rrake a p3.yment on account of the Project if:
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8.21 Misrepresentation. The Public Agency shall have nade
misrepresentation of a rraterial n3.b1re in its Application, or any
supplement thereto or amendment thereof, or in or with respect to any
docwrent of da,ta furnished therewith or p.rrsuant hereto;
8.22 Litigation. There is then pending litigation with respect
to the p2rfornance by the Public Agency of any of its duties or
obligations which nay jeopardize or adversely affect the Project, the
Agreement, or p3.ym::mts to the Project.
8.23 Concurrence br Department. The Public Agency shall have
taken any action p2rtaimng to the Project \\hich under the
established procedures requires the prior approval of the Department
or shall have proceeded to rrake related expenditures or incur related
obligations without having been advised by the Department that the
same 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 under any
of the provisions for the Agreement.
8.30 Disallowed Costs. In detennining the arrormt of the
financing payment, the Deparbnent 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 v.hich are not provided for in the
latest approved budget for the Project, and costs attributable to
goods or services received under a rontract or other arrangements
which have not been approved in writing by the Department. A letter
of No Prejudice provided to the Public Agency _by the Department nay
provide that expenditures related to the project nay be recognized
from the date of said letter as ~ of the total project prior to,
and subject to, the effective date of the Joint Participation
AgreE!':lent.
9.00 Termination or Suspension of Project.
9.10 Tennination or SUspension Generally. If the Public'Agency
abandons or, before corrpletion, 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
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other reason, the cannencarent, prosecution, or ti.m?ly completion of
the Project by the Public Agency is rendered improbable, infeasible,
impossible, or illegal, the Deparbnent nay, by written notice to the
Public Agency, suspend any or all of its obligations under this
Agreement until such t.i.m2 as the event or condition resulting in such
suspension has ceased or teen corrected, or the DepartJrlent rray
tenninate any or all of its obligations under this Agreemerit.
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9.20 Action SUbsequent to Notice of Termination of Suspension.
UpJn receipt of any final tennination notice under this Section, the
Public Agency shall proceed prorrptly to carry out the actions
requirro therein whid1 nay include any or all of the following: (1)
necessary action to terminate or susp:md, as the case nay be, Project
activities am. contracts and such other action as nay be required or
desirable to keep to the minimum the costs upon the l:Bsis of v.hich
the financing is to be cOl1lpJted; (2) furnish a statement of the
starns of the Project activities and of the Project Account as well
as a proposED schedule, plan, am budget for tenninating or
suspending and closing out Project activities and contracts, and
other undertakings the cost of which are otherwise includable as
Project costs; and (3) remi t to the DepartT1ent such p:>rtion of the
financing am any advance payment' previously recieved as is
detenrtined by the DepartrrEnt to be due under the provisions of the
Agreement. The closing out shall be carried out in confonni ty with
the latest schedule, plan, and rodget as approved by the DepartrrEnt
or upon the b3.sis of tenns am conditions iIT'p)sed by the Department
upon the failure of the Public Agency to furnish the schedule, plan,
arrl budget wi thin a reasonable time. The acceptance of a remi. ttance
by the Public Agency or the closing out of Federal financial
participation in the Project shall not constirnte a waiver of any
claim which the Depart1'l::mt nay otherwise have arising out of this
Agreement.
10.00 Remission of Project Account Up:m Corrpletion of Project.
Upon corrpletion of the Project, arrl after payrrent, provision for
payment, or reir1burserrent of all Project costs payable fran the
Project Account is nade, the Public Agency shall remit to the
DepartT1ent any unexperrled l:elance in the Project Account less its
proportionate share thereof.
11.00 Audit and Inspection.
The Public Agency shall permit, and shall require its
contractors to pennit the Depa.rtIrent's authorized representatives to
inspect all work, materials, payrolls, records; and to audit the
b:::loks,' records, and accounts of the Public Agency, pertaining to the
financing am devel~t 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
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contract or obligate itself in any manner requll'illg the disbursement
of Depart::rrEnt joint p3rticipation funds, including consultant or
construction contracts, with any third person with respect to the
Project without prior written concurrence of the Department. The
Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or .
disapprove the ernployrrent of the same. .
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12.20 Compliance with Consultant's Competitive Negotiation Act.
It is understood am agreed by the parties hereto that participation
by the Department in a project with a pililic agency, mere said
project involves a consultant contract for engineering, architecture
or surveying services, is contingent on the plblic agency canplying
in full wi th p~ovisions of Section 287.055, Florida Statutes,
Consul tants' Competitive Negotiation Act. It is further agreed that
the Public Agency shall request the assistance of the Department in
the selection of oonsultants, and that the Department will infonn the
Public Agency of the Department's level of participation in selecting
consul tants.
13.00 Restrictions, Prohibitions, Controls and Labor
Provisions.
13.10 Equal Errployrrent Opportunity. In connection with the
carrying out of any Project, the Public Agency shall rot discriminate
against any anployee or applicant for anployment because of race,
creed, color, sex or national origin. The Public Agency will take
affinnative action to insure that applicants are anployed, and that
employees are treated durin:] employment, without regard to their
race, creed, color, sex, or national origin. Such action shall
incl ude, but not be lirni tErl to, the follCMing: Employment upgrading,
derrotion, or transferj recruiterrent or recnrib'!'Ent advertising;
layoff or terminationj- rates of payor other forns of conpensation;
and selection for training, including apprenticeship. The Public
Agency shall insert the foregoing provision rrOOified only to shCM the
particular oontractual relationship in all its contracts in
connection with the developnent of operation of the Project, except
contracts for standard COT1Irercial supplies or raw rraterials, and
shall require all such contractors to insert a similar provision in
all s.ilicontracts, except subcontracts for standard cannercial
supplies or raw naterials. When the Project involves installation,
construction, dem:>li tion, rem:>val, site improvement, or similar w:>rk,
the Public Agency shall post, in conspicuous places available to
employees and applicants for anployment for Project w:>rk, notices to
l:e 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 irrp::>sed by Title VI of the
Civil Rights Act of 1963 (78 Statute 252), the Regulations of the
Federal DepartnEnt of Transportation issuErl thereunder, and the
assurance by the Public Agency p.rrsuant thereto.
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13.30 Prohibite:l Interests. Neither the Public Agency nor any
of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangenent in connection with the Project
or any property included or plarmed to b2 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 B:lployee involuntarily acquires or had acquired prior to
the beginning of his tenure any such interest, and if such interest
is i.mr.1ediatley disclosed to the Public Agency, the Public Agency with
the prior approval of the Department, nay waive the prohibition
containe:l in this subsection: Provide:l, 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,
sul:contract, or arrangerent.
The Public Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to b2
include:'l in any Project, and shall require its contractors to insert
in each of their subcontracts, the fOllONing provision:
''No rranber, officer, or anploye~ 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 agreerent for utili ty services the rates for \\hich 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 Agreerrent or any benefit arising
therefrom.
14.00 Miscellaneous Provisions.
14.10 Environmental Pollution. All Proposals, Plans and
Specifications for the acquisition, construction, reconstruction,
improvement of facilities or equipnent, shall be presented to the
Department for approval. In rendering such approval, the Department
shall take into consideration whether such facilities or equipnent is
designed and equipped to prevent and rontrol environmental p:>l1ution.
14.20 Department Not Obligated to Third Parties. The
Department shall not be obligated or liable hereunder to any p3.rt
other than the Public Agency.
14.30 When Rights am Remedies Not Waived. In no event shall
the making by the Depa.rt.m:mt of any payment to the Public Agency
consti tute or be construed as a \\Hi ver by the Departm:mt of any
breach of covenant or any default which nay then exist, on the part
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of the Public Agency, and the ITBkingof such pa.yment by the
Departrlent \'t1ile any such breach or default shall exist shall 111 00
way irrpair or prejudice any right of reJ:1edy available to the
Depart11ent in respect of such breach or default.
14.40 How Contract Affected by provisions Being Held Invalid.
If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby if such rerrainder would
then continue to confom to the tenns and requirerrents of applicable
law.
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14.50 Bonus or commision. By execution of the Agree,"n2nt the
Public Agency represents that it has not paid and, also, agrees not
to fBY, any oonUS or corrrri.sion for the plrpose of ootaining an
approval of its application for the financing hereunder.
14.60 state or Territorial Law. Nothing in the Agreerrent shall
require the Public Agency to observe or enforce compliance with any
provision thereof, tErfonn any other act or do any other thing in
contravention of any applicable State law: Provided, that if any of
tl1e provisions of the Agreement violate any applicable state law, the
Public Agency will at once notify the Department in writing in order
that appropriatedlanges and r.odifications ITBY be rrade by the
Department arrl the Public Agency to the end that the Public Agency
nay proceed as s::>on as tDssible with the Project.
14.70 Use and Maintenance of Project Facilities and EquiplTEnt.
The PUblic Agency agrees that the Project facilities and equiprent
will be used by the Public Agency to provide or support public
transportation for the tEriod of the useful life of such facilities
and equipnent as detenninEd in accordance with general accounting
standards and approved by the Departrrent. '!he Public Agency further
agrees to lTBintain the Project facilities and equipnent in gocrl
working order for the useful life of said facilities or equiprent.
14.80 Disposal of Project Facilities or Equipment. If the
Public Agency disp::>ses of any Project facility or equipnent during
its useful life for any purpose except its replacement with like
facility or equipnent for p1blic transtDrtation use, the Public
Agency agrees to remit to the Departmmt a proportional aJ'lDunt of the
proceErls fran the disp::>sal of the facility or equiprent. Said
prop::>rtional aJIDU11t shall be determined on the basis of the ratio of
the Department financing of the facility or equipnent to the total
cost of the facility or equipment as provided in this Agreement.
15.00 Plans and specifications.
In the event that this contract involves the purchasing of
capital equiprent or the construction and equipping of facilities,
the Public Agency shall submit to the Dep:rrtrnent for revie,.,r all
appropriate plans and specifications covering the Project. The
Department will revie,.,r all plans and specifications and will issue to
the Public Agency written ooncurrence with any approved tDrtions of
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the Project and corrrnents or recomnendations concerning any remainder
of the Project deem:rl appropriate. After resolution of these
cor.nents am recomnendations to the Department's satisfaction, the
Department will issue to the Public Agency written concurrence with
said rern.inder of the Project. Failure to obtain this written
concurrence shall be sufficient cause for non-payment by th~
Departr:lent as providoo in Paragraph 8.23.
16.00 Department Crooit Plagues.
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Credit plagues indicating the Departrnent's participation in the
Project will he installed on each rrajor itan of equipnent and
facili ty constru.cted under Department financing. The Public Agency
v.d.ll CXX)rdinate with the Depart:Pent' s District Office on the design
and installation of these Credit Plagues. The Department nay, at its
option, provide said Credit Plaques for installation.
17.00 Multi-Year Cornmi~t.
In the event this contract is in excess of $25,000.00 or has a
term for a period of rrore than one year, the provisions of Olapter
334. 21( R) (a), Florida Statutes, are hereby incorporated:
" (a) The Department shall not during any fiscal year, expend
rroney, incur and liability, or enter into any contract \ohich, by
its tenns, involves the expenditure of ITOney in excess of the
arrount mdgeted as avialable for expenditure during such f~scal
year. Any contract, verbal or written,cnade in violation of
this subsection shall be null and void, and no rroney shall be
paid thereon. The Department shall require a statement fran
the CO"lptrol1er of the Depa.rt:rrent that furrls are available
prior to entering into any such contract or other binding
ccmnitment of funds. f'.'!othing herein shall prevent the rraking
of contracts for a pericd exceeding one year, but any contract
so rrade shall' be executory only for the value of the senrices
to be rend~ed or agreerl to be paid for in succeeding fiscal
year, and this paragraph shall be incorporated verbatim in all
contracts of the Department in excess of twenty-four thousand
dollars and having a tenn for a period of nnre than one year."
18.00 Expiration of Contract.
Theestablishrnent of a tirre period for CXXTpletion of the Project
is not applicable.
19.00 Accomplishment of the Services.
a) The Depart:Ment shall conmence, carry on, and complete any
and all services, \\hich the Depa.r1:ITent and the Public Agency mutually
identify and accept in accordance with the procedures contained in
Exhibit C, with all practicable dispatch, in a sound econanical,.
efficient rranner and in accordance wi th the provisions hereof, and
all applicable laws. W::>rk Orders submitted in accordance with the
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procedures outlinErl in Exhibit B shall be accorrpaniErl by payment for
100% of the total estirrated cost of the service. In the event that
the total actual cost of the service is less than the total estirrated
cost of the service, the Deparbrent will rEmit the difference to Dade
County. In the event that the total actual cost of the service is
greater than the total estimated cost of the service, Dade County
will remit the difference to the Department.
b) The Department shall provide the Public Agency with such
data, reports, records and other documents relating to the Services
as the Public Agency may require.
,
20.00 Ag~eement Format.
All words used herein in the singular form shall extend to and
include the plural. All words usErl 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 Agreanents.
This contract rray be sirnul taneously executed in several
counterparts, ffich of ~ich so executed shall be deemed to be an
original, and such counterparts together shall constitute one in the
same inst.rurrent.
-11-
W.P.A. ITEM NO. 6826628
Job Number 90000-382S-~
Agreement Date j .1./.'6.3
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 Public
Transportation Operations
Director of Administration
Executive Secretary
(SEAL)
ATTEST:
Comptroller
PUBLIC AGENCY
BY:
1-
/,/"
"".1 ~.
Al'PROVED AS TO FORl1,
~eGALITY AND e~CUTION
AT.TEST;~ .~. ,....,. ~~P~SEAL)
.~ .~
TITLE I tIer
Assistant Attorney
Department of T~ansportation
-12-
W.P.A. Item No. 6826628
Job No. 90000-3825
~IBIT "A"
This exhibit forms an integral part of that certain Joint Participation
Agreerrent between the state of Florida Deparbnent of 'I'ransrortation and the
County of Monroe, dated
PROJEX:'I' I.D:ATION:
,
Key West Internation AirpJrt
Monroe County
Key West, Florida
pRO.JErI' DESCRIPTION:
Construct tenninal entrance road-phase II (227 'x12") and (900 'x24') light (MIRL)
(4800' xlOO ') and install threshold lights, _ Runway 9/27; Light (MITL) parallel and
connecting taxiways (5300'x50'); Construct CPR building (900 S.F.); Install general
aviation and camercial r~ lighting.
PROJECT BUI:X:;EI':
Engineering
$ 49,347.00
Construction
625,175.00
TOI'AL
$674,522.00
SUMMARY OF PARTICIPATION:
Sponsor - Public Agency Share (5%)
State - Department Share (5%)
$607,070.00
33,726.00
Federal Share (90%)
33,726.00 (1)
TOTAL
$674,522.00
Note (1): or an anount 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.IDTIIarY of Participation
will be reviewed at the time a Federal Grant Agreanent is executed and
revised as necessar_~7 to be consistent with the Federal Grant.
IEITER OF NO PREJUDICE:
,
This project is the subject of a Letter of No Prejudice fran the
Department to the Public Agerr;y, date:3. November 12, 1982, a copy of v.t1ich
is attached hereto and made a part hereof, and accordingly, a+l eligible
costs incurred since that date may receive state funding and all costs
prior to that date, v.t1ether eligible or not, may not receive state funding.
2 of 2
EXHIBIT "B"
This exhibit fonns an integral part of that certain Joint Participation
Agreenent be~en the State of Flurida Deparb'rent of TransfOrtation and the
COW1ty of Monroe, dated
Proposed Project Cash Flaw: (Dl) Funds (x 1000)
WPA Item No.: 6826628
State Job No.: 90000-3825
Total "D" Funds: $33,726.00
,
FY 83
FY 84
1st
2nd
0.0
0.0
0.0
13.7
1 of 1
3rd
0.0
0.0
4th
20.0
0.0