Resolution 138-1976RESOLufION NO. 1976
WHEREAS, The Board of County Commissioners of Monroe County,
Florida has made the following determinations of fact:
1.) Pursuant to Section 230 of the Highway Safety Act of 1973
the Federal Government will provide 90% financing for all local govern-
mental entities that participate in a Safer Roads Demonstration Project;
2.) A Safer Roads Demonstration Project will provide guardrail,
turn lanes, resurfacing and clearing at many county road intersections
which are in need of such improvements at the present time;
3.) The purpose of this program is to determine if the improvement
of such intersections will reduce the number of traffic mishaps and increase
the overall traffic safety in the country;
4.) This program will provide great benefits to the residents of
Monroe County; and
5.) In order to implement this program it is necessary to submit to
the Florida Department of Transportation a resolution authorizing the
County Road Superintendent of Monroe County to act on behalf of Monroe County
in this matter and an executed agreement between the County and the Florida
Department of Transportation covering the work to be done in Fiscal Year 1976-77.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Monroe County, Florida in meeting assembled this Augu s t 17 , 19 76
as follows:
A. The Chairman and Clerk of this Board are hereby authorized to
execute the agreement, attached hereto as Exhibit 'T', between Monroe County
and the Florida Department of Transportation concerning the Safer Roads
Demonstration Project; and
B. The County Road Superintendent on Monroe County is hereby authorized
to act on behalf of Monroe County concerning this project.
MONROE COUNTY, FLORIDA
BY ITS BOARD OF
,COUNTY COMMISSIONERS
Signed by:
Attested Icy:
Dated: August 17, 1976
'AGREEMENT
(Safer -Roads Demonstration - FDOT or its contractor performs work)
THIS AGREEMENT, made and entered into this' day of •,
1975, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIGN, here-
inafter called the "'Department," and Monroe County Board'of County
-Commissioners-- -- - -------- --- hereinafter called the "Public Body
'W'I-T-N-E-S S'E'T'H
WHEREAS, Department and Public Body desire to share the costs of a
Safer Road Demonstration Project, with the Public Body to provide' certain -
- statistical data in -connection—therewith.-
NOW, THEREFORE, in consideration of the premises, the parties hereto
_ agree as fol l-ows :
1. The Department will undertake a Safer Roads Demonstration Project, _
hereinafter referred to as the Project, more particularly. described in -Exhibit
VIAH, attached hereto and made a part hereof, at an estimated cost of-$35,000
[Included in the Project cost are $•4;400 for engineering services to be
performed by the Department.]
2. In the event that any election, referendum, approval, permit,
notice, or other proceeding, or authorization is requisite under applicable law
:to enable the Public Body to enter into this Agreement or to undertake the
..Project hereunder, or to_observe, assume or carry out any of the provisions of
-the Agreement, the Public Body will initiate and consummate, as provided by law,
• all actions•necessary with respect to any matters so requisite.
3. The Public Body will pay ten percent (10012) of the cost of the
Project from the Monroe County, Florida.5th and 6th cent Secondary Road Funds and
for this purpose will deposit $ 3,500 with the Department upon the execution
of this-Agre * Ip--the Ant the actual A of the Pro
differs from the estimated cost, the Public Body will immediately pay to
the Department or the Department to the Public Body, as the case may be,
such suin of money as necessary to result in the Public Body aparticipating
to the extent of 10% of -actual costs. [The Department will be reimbursed,
upon successful conclusion of the Project, authorized preliminary engineer-
ing expenses incurred after 1976] Engineering costs are
not to -include any expenses incurred in the performance of paragraph four.
4. The Public Body shall obtain traffic counts of all streets
within the Project l i mi is -prior to .the start of construction and also annu-
ally for a, two year period comunencing on the completion date of the Project
as determined by _the.Department. Traffic counts are to be obta-lned in a
-manner approved by'-the--Department-The --Pubii c Body shal 1 obtain -hard - copi es
of the accident reports for a period of 12 months prior t. the start of - con-
struction and 24 months following construction completion. The accident
record periods may be any consecutive 12 month period; however, the before
..and after periods must be identical. The Public Body shall report to. the
Department bv*July 15th of each year, the number. of accidents, the number of
injuries, and the number of fatalities occurring during the accident record
period. ,
5. 'Accounting Records
(a) The Public Body shall establish for -the Project, in con-
formity with' uniform requirements established by.the Department to facilitate
the administration of the financing program,. separate accounts to be main-
tained within its existing accounting'system or set up independently. Such
accounts are referred to herein collectively as the "Project Account". The
Project Account shall be made available upon request by the Department or
Federal Highway Administration any time during -the period of this Agreement
and for three years after the final.,payment is made. _
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(b) The Public Body shall charge to the Project Account all
eligible costs of the Project. Costs in excess of or attributable to actions
which have not received the required approval of the Department shall not be
considered eligible costs.•r Determination of eligible costs shall meet all
requirements of Federal Procurement Regulations.
. (c) All costs, charged to the Project, including any approved
services contributed by the Public Body 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.
(d)..At the request of the Department or _Federal Highway
Administration the Public Body shall provide for each of .its fiscal years
-for which the Project Accountrremains 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 rthe Departr�ent, the
Public Body, and those from any other source with respect to the Project.
6. If the Public Body abandons or, before completion, discontinues
the Project; for any -reason, the commencement, prosecution, or timely comple-
tion of the Project by the Public Body is rendered' improbable, infeasible,
'impossible, or illegal,'the Department may, by written notice to the Public
Body, syspend 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, terminate any or all of its obligations
• under this. Agreement.
7. The Department shall -make a lump sum payment to the Public
Body for all eligible costs meeting the provisions of. paragraphs one and three.
In determining the amount of the payment, the Department will exclude all Pro -
'eject costs incurred by the Public Body prior to the effective date of this
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Agreement and costs attributable -to -goods or services received under arrange-
(` ments which have not been approved in writing by the Department.
8..,The Public Br) hereby -agrees to indemnify, defend, save and
hold harmless the Department from all claims, demands, liabilities and suits
of any nature whatsoever ari'sinci out of, because of, or due' to the breach of
this. Agreement by the Public Body, its agents or employees, or due to any
act or occurrence or omission or commission orthe Public Body, its agents _
or employees. It .is specifically understood and agreed that this indemnifi-
A` .
cation agreement does not cover or indemnify the Department for its own
negligence'or breach of contract. -
` It is mutually agreed that the Department's Director of Road
:Operations shall decide all questions, difficulties and disputes of whatever.
* :nature which may arise under or by reason of this Agreement, the prosecution
and fulfillment of its services hereunder, and the character, quality, amount
and value thereof and his decision upon all claims, questions and disputes
shall be final and conclusive upon the parties hereto.
IId WITNESS WHEREOF, the Public Body has caused this contract to
:r be duly executed in its behalf, and thereafter the Department has caused
the same to be duly executed, all as of the day and.year first above written.
C M,
ATTACI IMENT —
FLORIDA STATUTE 446.101(3)
In the event this contract is in excess of $25,000-, the apprentice
employment requirements of Chapter 446.101(3), Florida Statutes, are hereby
incorporated:
"(a) The contractor agrees:
1. That he will make a diligent effort to hire for the perfor-
mance of the contract a number of apprentices in each occupation which bears
to the average number of journeymen in .that occupation to be employed in the
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performance of the contract, the ratio of at least one apprentice to every
five journeymen. -
- -2.----That he-%,fill-,—Ajlien- feasible,—assur_e__.ihat25_per_cent__of_such _.
apprentices are -An their first -year of training, except- .her. the -.nun; uer flf
tc bo h; .,:,d ; s -rola ," +k>n -Four. F^as i b i 1 i ty hcrc i n vol ves a
consideration of the availability of training opportunities for first -year
apprentices, the hazardous nature of the work for beginning workers, and
excessive unemployment of apprentices in their second and subsequent years
of training.
3. That, during the performance of the contract, he will make
diligent efforts to employ the number of apprentices necessary to meet
requirements of subparagraphs 1. and 2.
(b) The contractor agrees to return records of employment by trade
of the number'of apprentices and apprentices by first year of training and
of journeymen and the wages paid and hours of work of such apprentices and
journeymen, on a form as prescribed_ by the Bureau of Apprenticeship of the
Division of Labor and Employment Opportunities at three month intervals.
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.ATTACHMENT
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Submission of duplicate copies of forms submitted to -the United States Depart-
ment of Labor shall be sufficient compliance with the provisions of this
section.
(c) The contractor agrees to supply the Bureau of Apprenticeship
of the Division of Labor and Employment Opportunities, at three month intervals,
a statement describing steps taken toward making a diligent effort and contain-
ing a breakdown by craft of hours ►6rked and wages paid for first year appren-
tices, other apprentices, and journeymen.
-(d) The contractor agrees to insert in any subcontract under
this contra ff-the-requirements con�ined in this section. The term "contractor,"
as used in such clauses and any subcontract shall mean the"Sub contractor".
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