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Resolution 218-1979 RESOLUTION NO. 218 -1979 A RESOLUTION RATIFYING AND APPROVING THE EXECU- TION OF THE JOINT PARTICIPATION AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DIVISION OF PUBLIC TRANSPORTA- TION OPERATIONS, AND THE MONROE COUNTY BOARD OF COMMISSIONERS EXECUTED BY SAID MONROE COUNTY BOARD OF COMMISSIONERS ON AUGUST 14, 1979. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COm~TY, FLORIDA, as follows: That said Board of County Commissioners does hereby ratify and approve the execution of the Joint Participation Agreement by and between the State of Florida Department of Transportation, Division of Public Transportations, and the Monroe County Board of Commissioners, a copy of same being attached hereto, for installation of security fence and three (3) swing gates at the Key West International Air- port, Key West, Monroe County, Florida. Said Joint Partici- pation Agreement was executed by said Monroe County Board of Commissioners at its meeting held on August 14, 1979. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 25th day of September, 1979. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cdc/& (Seal) -. Attest: . .' L~;:.' /;_.:.~~~. // /:/'... / >;<:~/ ( r-~./ '" / /1" /' (-(..... /f..t'. .... '-_../ /' Clerk APPRCWE'D AS TO FORM AND}J.pAL SUFFlC/~NCY. 8Y /Zlt:?):lt '1' --------- AlforneY'$ Office APPROVED ON 9 ~~S.f)~ SOOK "-, \ I I _PAGE L~D ~ 33b .81 if '." L ~.-\\~ - .......... r,. I " \ JOB NUMBER: COST CENTER: 428 OBJECT CODE: 730 FUNCTION CODE: 307 .'\ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSPORTATION OPERATIONS JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this day of ,19 , by and between the STATE ;OF FLORIDA: DEP~TMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the Monroe County Board of Commissioners, hereinafter called the Public Agency. WIT N E SSE T B: WHEREAS, the Public Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and 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; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 The purpose of this Agreement is to provide for the undertaking of install security fence and three swing gates as described in Exhibit ~g.) "A" and by this reference made q part hereof hereinafter called the Project, and to provide Depar~ental financial assistance to the Public Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project. 2.10 .General Requirements. The Public AaeIlcy shqlJ. comme'nce, carry on, and comp~ete the ProJect as describea ~n Exh~b~t(j)) "A" 1 - --, I Rev. 6-15-77 337 with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, and all applicable laws. 2.20 Pursuant to Federal, State, and Local 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 under- take the Project hereunder, or to observe, ass~~ or carry out 'any of the provisions of the Agreement, the Public Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. ' 2.30 Funds of the Public Agency. The Public Agency shall 'initiate and 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. 2.40 Submission of Proceedings, Contracts and Other Documents. The Public Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require. 3.00 Project Cost. The estimated total cost of the Project is $ 165,000.00 This amount is based upon the estimate summarized in Exhibit (5.) "A" and by this reference made a part 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 Department Particioation. The Department agrees to participate in the Project in the amount of $ 16,500.00 (including contingencies) ~~xA~ anc:xa.motm:tx~CXlxxxxxxx~rx::en-kxooxt.hecx~~~~~, or in an amount equal to the percentage(s) as shown in Exhibit (s). "A" , which- ever is less. 5.00 Front End Funding. Front end funding (is) (~AKna~) applicable. If applicable, the Department shall initially pay 90% of total allowable project costs up to an amount of 90% of its total share of participation with ten percent to be held in retainage to be disbursed as follows: (1 ) 'Five percent payable at the time of completion of construction or acquisition associated with the Project; and (2) The remaining amount payable at the completion of the final project audit by the Department Comptroller. - 2 - Rev. 6-15-77 ..d..._ ,33}? 6.00 Project Budget and Disbursement Schedule. . 6.10 The Project Budget. Prior to the execution of this agree- ment a Project Budget shall be prepared by the Public Agency and approved by the Department comptroller. The public Agency shall main- tain said budget, carry out the Project and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be'revised periodically, but no budget or revision thereof shall be effective unless and until the Department shall have approved the same. 6.20 Schedule of Disbursements. The Public Agency shall pro- vide the Department with a time-phased schedule of the Department funds to be expended on the Project. This schedule shall show estimated 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 division is de- termined to be appropriate by the Department. This schedule shall be updated each quarter based 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 more of the Department's share of the Project costs shall be immediately reported by submission of a sup- plemental 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 conformity with uniform requirements established by the Department to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or set up indepen- dently. Such accounts are referred to herein collectively as the "Project Account". The Project Account shall be made available upon request by the Department any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received or Made Available for the Project. The Public Agency shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all Payments received by it from the Department pursuant to this Agreement and all other funds pro- vided 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 amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. - 3 - Rev. 6-15-77 33~ 7.30 Project Escrow Account. The Department may elect to pro- . vide the Public Agency with a lump sum amount in lieu of incremental disbursements based on periodic requisitions from the Public Agency. Such lump sum amount shall be deposited,by the Public Agency into a Project Escrow Account in a bank or trust company at interest and fully protected as specified in Paragraph 7.20. Withdrawals from the Project Escrow Account to satisfy Project requisitions and pay- ments shall be approved and countersigned by the Department'Comptroller's Office. Any funds in excess of the Department's share as provided in this Agreement shall be remitted to the Department upon completion of the Project Audit. 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 which have not received the required approval of the Depart- ment shall not be considered eligible costs. : 7.50 Documentation of Project Costs. All Costs, charged to the Project, including any approved services contributed by the Public Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 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 accord- ance 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 whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.70 Audit Reports. At the request of the Department, the Public Agency shall provide for each of its fiscal years. for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, reflecting in detail the use of the funds of the Depart- ment, the Public Agency, and those from any other source with respect to the Project. 8.00 Requisitions and Payments. 8.10 Preliminary Action by the Public Agency. In order to' obtain any Department Joint Participation funds, the Public Agency shall: 8.11 File with the Depar~ent ~f Transpo~ta:tion. District Six Office Miami , Flor~da, ~ ts requ~s~ t~on on _orm or torms prescribed by the Department, and such other data pertaining to the Project Account (as defined in Section 7.10 hereof) and the Project as the Department may require, to justify and support the ~ayment - 4 - Rev. 6-15-77 3'fO requisitions, including (1) the date the Public Agency acquired the property, (2) a statement by the Public Agency certifying that the Public Agency has acquired said property and (3) if the requi- sition covers the acquisition of real p~operty, a statement signed by the Public Agency attorney certifying that the Public Agency has acquired said real property; and 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 requ~sitions in amounts and at times deemed by the Department to be proper to insure the carrying out of the Project and payment of the eligible costs thereof in accordance herewith. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on account of the Project if: : 8.21 Misrepresentation. The Public Agency shall have made misrepresentation of a material 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; 8.22 Litigation. There is then pending litigation with respect to the performance by the Public Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement; or payments to the Project. 8.23 _Concurrence by Department. The Public Agency shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Department or shall have proceeded to make related expenditures or incur re- lated obligations without having been advised by the Department that the same are satisfactory. 8.24 Conflict of Interests. 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 of the Agreement. 8.30 Disallowed Costs. In determining the amount of the financ- ing 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 which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. A letter of No Prejudice provided to the Public Agency by the Department may provide that expenditures related to the project may be recognized from the date of said letter as part of the total Project prior to, and subject to, the effective date of the Joint Participation Agreement. 9.00 Termination or Susoension of Project. 9.10 Termination or Susoension Generally. If the Public Agency abandons or, before completion, finally discontinues the Project; - 5 - 'Rpv. f.-1S-77 .3'+-'-.-- 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 commencement, prosecution, or timeiy completion of the Project by the Public Agency is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Public Agency, suspend any or all of its> obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may termi- nate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination of Suspension. Upon receipt of any final termination notice under th~s Sect~on, the Public Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: ,(I) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computedi (2) furnish a statement of the status of the Project activities and of the Project Account as well as a proposed schedule, plan, and budget for terminating or suspending and closing out Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costsi and (3) remit to ~~e Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The closing out shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Public Agency to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Public Agency or the closing out of Federal financial particioation in the Project shall not constitute - - a waiver of any claim which the Department may otherwise have arising out of this Agreement. 10.00 Remission of Project Account Upon Completion of Project. Upon completion of the Project, and after payment, provision Ior payment, or reimbursement of all Project costs payable from the Project Account is made, the Public Agency shall 'remit to the Department any unexpended balance 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 permit the Department's authorized representatives to inspect all work, materials, payrolls, records: and to audit the books, records, and accounts of the Public Agency, pertaining to the financing and development of the Project. 12.00 Contracts 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 participation funds, including consultant or construction contracts, with any third person with res?ect to the Project without the prior written concurrence of the Department. The - 6 - Rev. 6-15-77 3t.f2- ' Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disa?prove the employment of th~ 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 project 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 orovisions of Section 287.055, Florida Statutes, Consultants' Com~etitive 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 actio~ 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 terminationi rates of payor 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 .-. .--3~~ 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 sucn 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 fisc~l 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 Obligated 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 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 remainder would then continue to conform to the terms and requirements of applicable law. -- - 8 - Rev. 6-15-77 3~~ 14.50 Bonus or Commission. By execution of the Agreement the Public Agency represents that ~t has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law. Nothing in the Agreement shall require the Public Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Public Agency will at once notify the Department in writing in order that appropriate changes and ~odifications may be made by the Department and the Public Agency to the end that the Public Agency may proceed as soon as possible with the Project. 14.70 Use and Maintenance of Project Facilities and Equipment. The Public Agency agrees that the Project facilities and equipment will be used by the Public Agency to provide or support public trans- portation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting standards and approved by the Department. The Public Agency further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.80 Disposal of Project Facilities or Equipment. If the Public Agency disposes of any Project facility or equipment during its useful life for any purpose except its replacement with like 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 determined on the basis of the ratio of the Department financing of the facility or equipment to the total cost of the facility or equip- ment 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 concurrence with any approved portions of the Project and comments or recommendations concerning any remainder of the Project deemed appropriate, After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to .the Public Agency written concurrence with said remainder of the Project. Failure to obtain this written concurrence shall be sufficient cause for non- payment by the Departmen~ as-provided in Paragraph 8.23. . 16.00 Department Credit Plaques. Credit plaques indicating the Department's participation in the Project will be installed on each major item of equipment and facility constructed under Department financing. The Public Agency will coor- dinate with the Department's District Office on the design and in- stallation of these Credit Plaques. The Department may, at its option, provide said Credit Plaques for installation. - 9 - Rev. 6-15-77 3~ 17.00 Multi-Year Commitment. In the event this contrac~ is in excess of $25,000 or has a term for a period of more than one year, the provisions of Chapter 334.21(8) (a), Florida Statutes, are hereby incorporated: "(a) The Department shall not, during any fiscal year, expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid thereon. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein shall prevent the making of ~ontracts for a period exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department in excess of twenty-five thousand dollars and having a term for a period of more than one year." 18.00 Expiration of Contract. The establishment of a time period for completion of the Project (iz) (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 complete the Project within this time period, this contract will expire unless an extension of the time period is granted to the Public Agency in writing by the Department's Director of Public Transportation 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 Agreement Format. 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 extend to and include all genders. 20.00 Execution of Agreement This contract may be simultaneously executed in several counter- parts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. - 10 - Rev. 6-15-77 3~ II ::5 . .:... . ~] ~) '...: 1- JOB i AGREEMENT DATE 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 ATTEST: . . (SEAL) Executive Secretary Comptroller APPROVED AS TO FOR~, LEGALITY AND EXECUTION PUBLIC AGENCY 41~~ Honore County Board of Cbmmissioners . ./ly).. 1i. 0 2/ ~/ BY : /. -11~'/<~,~_ C' 7 , ,. --t. (j... , ~ ( TITLE: )}1 f.74-tAe.-C~ d:. J+ll-!t,f,~ ."d;;:; ;~ (' / I / !~ / ATTEST: >4///~ //; ,?"-<~SkAI / / -- TITLE: Assistant Attorney Department of Transportation - 11 - Rev. 6-15-77 3t..f7 EXHIBIT "A" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and the Monroe County Board of Commissioners, dated PROJECT LOCATION: Key West International Airport Monroe County Key West, Florida PROJECT DESCRIPTION: Install security fence and three swing gates. PROJECT BUDGET: Engineering $ 14,850.00 Construction 150,150.00 TOTAL $ 165,000.00 SUMMARY OF PARTICIPATION: Federal Share $ 132,000.00 Sponsor - Public Agency Share 16,500.00 16,500.00 (1) State - Department Share $ 165,000.00 Note (1): Or an amount equal to 50% of the eligible and allowable non-federal share of the cost of the project, whichever is less. LETTER OF NO PREJUDICE: This project is the subject of a Letter of No Prejudice from the Department to the Public Agency, dated February 9, 1979, a copy of which is attached hereto and made a part 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. A-I ..._3_~_~- Department of Transportation O. ROBERT GRAHAM GOVERNOR HIIydon Bums Building. 60S Suwann&1l StrHt. Tallahassee. Florida 32304. Telephone (904) 488-85041 TOM WEBB. JR, SECRETARY February 9, 1979 Mr. Jack Burke Development Director Monroe County Post Office Box 1029 Key West, Florida 33040 Dear Mr. Burke: Key West International Airport - Design and construct security fence and gates~BI #486602. . We have been advised that the Monroe County Board of Commissioners is prepared to proceed with the referenced Project and that a Pre- Application for Federal Assistance has been submitted to the Federal Aviation Administration. We concur with your intention to expedite this Project. Further, the Florida Department of Transportation has programmed State funds for the Project. The proposed State participation is fifty percent of the non-Federal share of the total eligible cost or approximately $13;500.00. . You may consider this as a Letter of No Prejudice, and any costs incurred in connection with this Project subsequent to the date of ~his letter may be eligible for State participation, subject to the terms of a Joint Participation Agreement between the Monroe County Board of Commissioners and the Department. It is to be clearly understood that this authorization carries no commitment to the Project or implication that the Project will receive the final approval of the State, and that State participation will be subject to the terms of a Joint Participation Agreement between the Monroe County Board of Commissioners and the Department of Transportation. It should be further understood that any commitment by the Department is contingent on legislative approval of our annual budget on availability of funds. You should also be a~are if a Joint Participation Agreement is executed it will require that all plans and specifications concerning the Project must be submitted to the Department for review and must A-2 3 c..V1 Mr. Jack Burke February 9, 1979 Page Two be approved by the Department. Failure to obtain approval will be sufficient cause for non-payment by the Department. In addition, all contracts or other obligating documents must be submitted to the Department for review and Department approval must be given prior to execution of these documents by the Monroe County Board of Commissioners. If you have any questions concerning this project, please contact ~ir. Andrew G. O'Brien, telephone number (904) 488-3251. Si[erelY' : ~~ Wi 'n .' "er, Director . Division of Public Transportation Operations \'1M: ow cc: Mr. William Carreras Mr. William R. Walsh ----~ A-3 350