Resolution 068-1991
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RESOLUTION NO.
068 -1991
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
TO EXECUTE ON BEHALF OF MONROE COUNTY A JOINT
PARTICIPATION AGREEMENT BETWEEN THE COUNTY AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION OF A NEW MARATHON AIRPORT PASSENGER
TERMINAL AND RELATED WORK.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor of Monroe County is
hereby authorized and directed to execute on behalf of Monroe
County a joint participation agreement with the Florida
Department of Transportation, a copy of same being attached
hereto and made a part hereof, regarding construction of a new
Marathon Airport Passenger Terminal and related work.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
13th day of
March
, A.D. 1991.
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Yes
yes-
Yes
Yes'
Yes
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~.~~,..t1___...._ ..... .~
BY: .. - -- ..
MAYOR/CHAIRMAN
(Seal)
Attest :DANNY L. }(OLEAGE, Clerk
APPffOVED AS 70 FOAM
Y.
~
Form 801 ~1 .
September 1990
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WPI No: 6826700
6826717 & 6826747
Job No:
,
FUIUl: 010
F~ 637
Fttlmd No:
Qmtnzct No:
SAMAS Approp: 140013
SAMAS Obi.: 730048
Org.Code: 5506202068
Vendor No.: VF596000749001
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STAtE OF FLORIDA DEPAR7MENT OF T.RANSPORTA770N
DIVISION OF PUBUC TRANSPORTA770N OPERA770NS
JOINT PAR77ClPA770N AGREEMENT
WITNESSETH:
WHEREAS, the Agt1u:y 1uIs the IlUtJunity to enter into said Agreement and to undertJzb the project
herei7Ulfter described, and the Dq1tITtment has been granted the IlUthority to jimction ad"lUlltdy in allllTttIS of
appropriate jurisdiction including the implemmtation of an integrtlted and ba1llnad transportation system;
NOW, THEREFORE, in amsidertztion of the mutual CC1fJe7UlJlts, promises and representations herein, the
parties agree lIS follows:
1.00 Purpose of Agreement: TM purpose of this Agrtement is to prwide for the undertaking of
WPI 6826747 '!HE NEW PASSEN:;ER 'I'EP.MINAL mPLEX Kr MARAnION A!R."PORI'
WPI 6826717 AIRCRAFl' APRON WITH LIGHITNG FOR NEt! TERMINAL Nl: HARA'IHON AIRPOPT
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t-7PI 6826700 OONSTRUCI' A SE.1.rAGE ~IT PLANr FOR 1HE }fARA1HON AlRPORI'
(AI B-1, B-2, B-3, & C)
and as further dtscribed in E%hibit(s) atftu:hed hereto and by this refrrena 77UUle a part hertJJf,
hereinllfter azIkd the project, and to prauish Departmental firuuu:ial assistance to the Agency and state the terms
and conditions upon which such assistance fI1l1l be prwided and the understandings as to the manner in which the
project fI1l1l be undertaJrm and amrpkted.
FOrm SOT -01 .
September 1990
2.00 Acctnnplishment of the Project:
2.10 GenerallUquirements:, 'I"M Agency s1uzU commence, tmd complete the project as described in
Exhibit "A" with all prlldical dispatch, in a sound, economical, and ef/idnlt manner, and in IICCOTdance with the
prwisions herein, and all applicable laws. .
2.20 Pursuant to FetUr41, State, tUUl Local Lirw: In the ewnt that any election, referendum, apprC1fJtll,
permit, notice, or other proceeding or authorization is requisite under applicable law to entlble the Agency to enter
into this Agreement or to undertake the project hereunder, or to obserw, assume or amy out any of the prwisions
of the Agreement, the Agency fDill initiate and consummate, as p1'O'Dided by law, all actions necessary with respect
to any such matters so requisi~.
2.30 Funds of the Agmcy: The Agency shall initiate tmd prosecute to completion all proceedings
necessary including federal aid requirements to enable the Agency to prwUle the neassary funds for completion of
the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department
may require as listed in exhibit "e".
3.00 Project Cost: The total estimated cost of the project is $ 6,656,113 . This amount is based
upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Agency agrees to bear
aU erpenses in excess of the total estimated cost of the project and any deficits inooltJed.
4.00 Department PlU'ticipation: The Department agrees to maximum participation, including
contingencies, in the project in the amount of $1. 990.000 as detldltd in Exhibit "B", or in an amount equal
to the percentage<s) of total project cost shoum in Exhibit "B", whichmer is less.
4.10 Project Cost EligJDility: Project costs eligible for State participation will be allowed only from the
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
a) Legislatit1e appror1al of the Department's apprOpriation request in the fDOTk program year that
the project is scheduled to be committed;
b) 'I"M understanding that disbursement of funds will be made in aaordance with the balanced thirty-
six (36) month cash forecast;
c) - Availibility of funds as stated in paragraph 17.00 of this Agreement;
d) Approf1al of all p14ns, specifications, contracts or other obligating documents and all other terms
of this Agreement;
e) Department apprtmal of the project scope and budget (Exhibits A & B) at the time appropriation
authority becomes available.
4.20 Front End Funding: Front end funding * (is not) applicable. If applicable, the Department may
initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of
participation as shown in paragraph 4.00.
5.00 Rd4inage: Retainage 1I1J (is not) applicable. if applicable, NI A percent of the
Department's total share of participation as shoum in paragraph 4.00 is to be held in retainage to be disbursed, at
the Department's discretion, on or before the completion of the fi1ud project audit.
1.,Form 801~1
. . September 1990
6.00 Project Budgn IUUl Disbursement Schedule:
6.10 The Project Budget: ~ to the execution of thil Agreement, a projed budget, Exhibit "B", shall
be prepared by the Agency and approved by the Department. The Agency shall ~ntain said budget, carry out the
project and shall incur obligations against and mll1ce disbursements of project funds only in conformity with the
latest apprcroed budget for the project. Tht budget may be revised periodically, but no budget revision shall be
effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement
and is apprcroed by the Department Comptroller.
6.20 Schedule of Disbursements: The Agency shall provide the Department with a time-phased schedule
of the Department funds to be expended on the project. This schedule shall show estimattd dilbursements 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 pluue where such division is determined to be appropriate by the Department. Any significant
deviation from the apprcroed schedule in Exhibit "B" requires submission of a supplemental schedule by the Agency.
7.00 Accounting Recoru:
7.10 Establishment tDUl Maintemmce of Accounting Records: The Agency shall establish for the
project, in conformity with uniform requirements established by the Department to facilitate the adminiltration of
the finandng program, separate accounts to be maintaintd within its existing accounting system or establish
independent accounts. 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 fi'Oe years after final payment iI made.
7.20 Funds Receit1ed Or Made A:Dailable for The P1-oject: The Agency shall IlpfJloptiately 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 recd'Otd by it from the Department puTslmnt to this Agreement and an other funds
provided for, accruing to, or otlrerwise r<<ei'Oetl on account of the project, which Department payments and other
funds are herein collectiwly refmed to as "project funds". The Agency shall require depositoria of project funds
to secure continuously and fully tdl project funds in excess of the amounts insured under Federal plans, or under
State plans which 1uzve bten Ilf'Yl0oea 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
apprcroed by the Deptlrlment.
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7.30 Cost. I11t:f1rml for the P1-oject: Tht Agency s1udl charge to the project account tdl eligible costs
of the project. Costs in uass of the latest apprCTOttl budget or attributable to actions which ha'Oe not reai'Oed the
required un" 0TJtll of the Department shall not be considered eligible costs.
7.40 DoCllfMlltation of Projed Co,t.: All costs charged to the project, including any apprcroed seruices
contributed by the Agmcy or others, shall be lJlf1PC1rled by properly executa payroUs, time records, invoices,
contracts, or 'OOUChers evidencing in proper detail the nature and propriety of the charges.
7.s0 Checb, Orders, and Vouchers: Any chtck or order drawn by the Agency with respect to any item
which is or TDill be chargeable against the project account will be drawn only in accordance with a properly signed
fJOucher then on file in the offia of the Agency stilting in proper detail the purpose for which such check or order
iI drawn. All chtd:s, payrolls, i7rDOit:ls, contracts, f1OUChers, orders, or other accounting documents pertaining in
whok or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate
and apart from an other such documents.
, (
I. . Form 801-01
September 1990
7.60 Audit Rqorts: The Agency sMll prcroide to the Department for ttJch of its fiscal ytllTs for which
the project aa:ount remains open, m,. audit report prepared either by its o/ficilll auditor or audit agency or an
independent certified public accountant, reflecting in detail the lISe of the funds of the Deptrrlment, the Agency, and
those from any other source with respect to the project. Audits shall be performed in II&C01'dance with generally
accepted government auditing standards for financial and compliance audits and OMB Circulars A-128 or A-133.
7.70 wll1'lIna: The Agency sMll amy property and casualty insurance on project equipment and
facilities and provide mdena of said insurance for the project amount stated in paragraph 4.00 of this Agreement.
8.00 R..qrd.itiou IlIUl Pllymenf.:
8.10 Prelimimlry Action by tM Agency: In order to obtain any Department funds, the Agency sMIl:
8.11 File with the Depllrtment of Trllnqort/dion,
DistrictS IX . 602 S, Miami Ave. , Miamtlorida, 33130 its requisition O!l form or forms prescnoed
by the Department, and such other data pertaining to the project aaount (tIS defined in paragraph 7.10 hereof) and
the project tIS the Department may require, to justify and support the payment requisitions, including
(1) the date the Agency acquired the property
(2) a stlltement by the Agency certifying t1ult tlu: Agency hIlS acquired said property and
(3) if the requisition cuoers the acquisition of rttll property;
A. a statement signed by the Agency attorney certifying t1ult the Agency has acquired said
rtlll property
B. a statement that two independent appraisals TDeTe obtained
(4) actual consideration paid for rttll property.
8.12 Comply with IIllllpplicable prcnn.iou of thu Agrument.
8.20 1M Deptlrtmmt's Obligllti01l8: Subject to other prwisions hereof, the Dept:Irlment will honor such
requisitions in amounts and at times deemed by theDq1Grtment to W proper to ensure the carrying out of the
project and payment of the eligJole costs. Hmoeoer, notwithstanding any other prwision of this Agreement, the
Department 1IIIl!I elect by notict in writing not to mab a payment on the pruject account if:
- 8.21 MUrqn.U1JtJJtion: The Agency sluUl htrt1e nuule misrepresentation of a material nature
in its application, or any supplement thereto or amendment thertDf, or in or with respect to any document
of data fumish<<l therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the
" Agency of any of its duties or obligations which may jet1pllTdiu or tulwrsely afftd the project, the
Agreement, or payments to the project.
8.23 A&apttma by DqJllrlmmt: The Agency shalllume taken any action pertaining to
tire project TDhich under this agrmnent requires the acceptance of tire Department or has made related
apenditure or incurred reltzted obligations without hauing been adt1ised by the Deptlrlment that same are
acceptilblt.
8.24. Conflid of Intnnts: There has been any oiolation of the conflict of interest provisions
contained herein.
8.25 Dqalt: The Agency hIlS hem determined by the Department to w in default under
any of tire ",ODisions of the Agreement.
, ~orm 801-01
September 1990
8.26 Fethr/d Participation af Applicable): The Department may suspend or terminate
the financia1 assistance of this grant if any federal agency providing federal financial assistance for the project
determines that the purposes of the statute under which the project is authorized would not be adequately SmJed.. _
by continuation of Federal financilil assistance to the project.
8.30 Disallowed Costs: In determining the amount of the financing payment, the Department will
exclude all projects costs incurred by the Agency prior to the tffective date of this Agreement, costs 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.
9.00 Termination or Suspe1UJion of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally
discontinues the project; or if, by reason of any of the erJents or conditions set forth in paragraphs 8.21 to 8.26
inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency
is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Agency,
suspend any or all of its obligations under this Agreement until such time as the eoent 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.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to CJlT'T'Y out the
actions required therein which may include any or all of the following: (1) necessary action to terminate
or suspend, as the case may be, project activities and 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 computed; (2)
furnish a statement of the project activities and contracts, and other undertakings the cost of which are
otherwise includable as project costs; and (3) remit to the Department such portion of the financing and
any adrxmce payment preuiously received as is determined by the Department to l1e due under the
provisions of the Agreement. The termination or suspension shall be CIlTTied out in conformity with the
,latest schedule, plan, Ilnd budget as appruved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, Ilnd budget within
a reasonable time. The acceptance of a remittance by the Agency or the closing out of Federal financial
participation in the project shall not constitute a waiwr of any claim which the Department may otherwise
lrave..lmsing out of this Agreement.
10.00 Remis.ion of Project Account Upon Complmon of Projed: Upon completion of the project,
Ilnd after payment, provision for payment, or reimbursement of all project costs payable from the project account
is made, the Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, reaJrds; and to audit the books,
records and accounts pertaining to the financing and der1elopment of the project.
12.00 Contracts of tM Agency:
12.10 77rird Party Apemmt.: Except t2S otherwise authoriztd in writing by the Dqrzrtment, the
Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department
joint participation funds, including consultant or construction contrllds or amendments thereto, with any third
party with respect to the project without the written COnt:ll7'TenCe of the Department. Failure to obtain such
concurrence shaD be suffidmt cause for nonpayment by the Departmmt as provided in paragraph 8.23. The
Deparlment specifically Tt.SeTWS unto itself the right to recriew the qualifications of any consultant or contractor and
J ,Form 801 ~1
September 1990
to approve or disapprove the employment of the same.
\
12.20 Compliana with Consultants' Competitive Negotiation Act: It is understood and agreed by
the parties hereto tlult participation by the Department in a project with an Ag~, where said project involves a
consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in
full with provisions 01 Section 287.055, Florida StatuttS, Consultants Competitive Negotiation Act. As a further
condition, the Agency will int10lve the Department in the Consultant Selection Process for allprojects. In all CilStS,
the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the
Consultant's Competitive Negotiation Act.
12.30 Minority BusiMss Enterprise (MBE) Policy and Obligation:
12.31 MBE Policy: It is the policy of the Department that minority business enterprises as
defined in 49 CFR Part 23, as amended, sha1l1uroe the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Department funds under this Agreement. The
MBE requirements of 49 CFR Part 23, as amended, apply to this Agreement.
12.32 MBE Obligation: The Agency and its contractors agree to ensure that Minority Business
Enterprises as defined in 49. C.F.R. Part 23, as amended, htme the maximum opportunity to participate in
the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take
all necessary and reasonable steps in accordance with 49 C.F.R. Part 23, as amended, to ensure that the
Minority Business Enterprise have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin
or sex in the award and performance 01 Department assisted contracts.
12.33 Disadvantaged Business Enterprise WBE) Obligations: If Urban Mass Transportation
Administration or Federal Highway Administration Funding is a part of this project, the the Agency must
comply with Subpart (E) of CFR 49, Part 27, as amended.
13.00 Restrictions, Prohs"bitions, Controls, and Labor Prwisiims: .
13.10 Equal Employment Opportunity: In connection with the azrrying out of any project, the Agency
shall not discriminate apnst any employee or applicant for employment because of race, age, creed, color, sex or
national origin. The Agency will tIlke affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, /lge, creed, color, sex, or 1Ultional origin. Such action
shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; Teauitment or
recruitment advertising; lilyoff or termination; rates of pay or other farms of COfh~tion; and selection for training,
including apprentiaship. The Agency shall insert the foregoing prooision modified only to show the particular
contractual rtlationship in tzl1 its contTacts in connection with the dewlopment of operation of the project, except
contracts for the standslrd commercial supplies or raw materiJzls, and shall require tzl1 such contractors to insert lZ
similar prwision in all subcontracts, except subcontracts for sttlndJzrd commercial 'upplits or rllfD materials. When
the projed im10lves installation, construction, demol.~, rtmOf1lll, site impru~t, or sim'ilar work, the Agency
shall post, in conspicuous places available to employees and appliamts for employment for project 'U1OTk, notices to
be prwided by the Department setting forth the pruoisions of the nondiscrimination cla,use.
13.20 Title VI - Cirril Right. Ad of 1964: The Agency will compzY 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 Agency pumumt thereto.
13.30 Prohibiutl Interat.: Neither the Agency nor any of its contractors or their subcontractors shall
enter into any contnzct, subcontnzct, or ammgtment in connection with the project or any property included or
-=--
. I. Form 801-01
. . September 1990
planned to be included in the project, in which any member, officer, or employee of the Agency or the locality during
his tenure or for one ytllT thermfter 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 intertst is immediately disclosed to the Agency, the Agency with prior tgJpTorJal of the Department, may
wtlive the prohibition contained in this subsection: Prouided, that any such prtsent member, officer or employee shall
not participate in any action by the Agency or the locality relating to such contract, subcontTtlct, or arrangement.
The 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 Agency or of the locality during his tenure or for one year
thereafter shall htrot 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 Agency and its fisClll
depositories, or to any agreement for utility services the ratts 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 PrOf/is ions:
14.10 E1Jf1it'01l1Mntal Pollution: All Proposals, Plans, and Spedfialtions for the acquisition,
construction, reconstruction, improoement of facilities or equipment, shall be presented to the Department for
acceptance. In rendering such acceptance, the Department shall taU into consideration whether such facility or
equipment is designed and equipped to prer1e1lt and control enf1ircmmental pollution.
14.20 Dqartment Not Obligated to Third PAmes: The Department shall not be obligated or liable
hereunder to any party other than the Agency.
14.30 When Rights amI Renwlie. Not Waived: In no tf1mt sIuzIl the nuzking by the Department of
any payment to the Agency constitute or be construed as a fDtlioer by the Department of any breach of CDrJeMnt or
any default fj)hich may then aist, on the part of the Agency, and the making of such payment by the Department
while any such breach or default shall exist sJudl in no 'WIlY impair or prejudia any right or remedy IZVtzilable to the
Department in respect of such breach or default.
14.40 How Apemmt Is Affected by P1'O'Oisions Being Held I1Jf1alid: If any provision of this
Agreement is held im1alid, the renuzinder of this Agreement shall not be af/tctttl. In such an instance the rmuzinder
would then continut: to contor m to the tmns and requirements of applicable larD.
14.50 Bonus or Commission: By execution of the Agreement the Agmcy represents that it has not paid
and, also, agrees not to -pay, any bonus or commission for the purpose of obtaining an tlW,orJtII of its application
for the fintlnCing hereunder.
14.60 StAte or Tnritoriall.mo: Nothing in the Agreement shall require the Agency to obserw or enforce
compliance with any prwision thertOf, perform any other act or do any other thing in contrawntion of any
applicable State law: Prwided, that if any of the prOf1isions of the Agreement f1iolate any applicable State law, the
Agency will at once notify the Department in TDriti~g in order that 4Jtytopt.e changes and modifications may be
made by the Department and the Agency to the end that the Agency ""'Y proceed lIS soon as possible with the
J1'Oject.
, " . ,
Form 801-01
September 1990
14.70 lhe and Maintouura, of Project Facilititl. and Equipment: The Agency agrees that theproject
facilities and equipment will be used by the Agency to prwide or support public tTansportation for the period of the
useful lift of such facilities and equipment as determined in IlCCOrdance with genmzl accounting standards and
approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good
working order for the useful life of said facilities or equipment.
14.71 Property Record.: The Agency Ilgrees to maintain property records, conduct physical
inventories and develop control systems as required by 49CFR part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any projtd facility or
equipment during its useful lift for any purpose except its replacement with like facility or equipment for public
transportation use, the Agency will comply with the terms of 49CFR Part 18 the relating to property management
standards. The Agency Ilgrees to remit to the Department a proportional amount of the proceeds from the disposal
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 as provided in this Agreement.
14.90 C01ltrllCtual bulmmity: To the extent permitted by w, the Agency shan indemnify, defend, save,
and hold harmless the DepIIrlment and an its officers, agents or employees from all suits, actions, claims, demands,
liability of any nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or
its subcontractors, agents or employees or due to any negligent lid, or occurrence of omission or commission of the
Agency, its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the DepIIrlment or any of its offiars, agents or employees. The parties agree that this clause shall not
waive the benefits or provisions of Chapter 768.28 Florida Statutes or any similar provision of larD.
15.00 PllUU tI1UI Specificatitml: In the event that this Agreement intJOlvts the purchasing of capital
equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for acceptance
all tlpy'opt iate plans and IpeCifications ccmering the project. The Deptzrlment will review all plans and specifications
and will issue to the Agency fl1ritten concurrence with any apprwed portions of the project and comments or
recommendations ccmceming any remainder of the project deemed apYloptitlte. After rtsDlution of these comments
and recommendations to the DeptlrtmenYs satisfaction, the DepIIrlment will issue to the Agency written concurrence
with said remtdnder of the project. Failure to obtain this fl1ritten authorimtion shall be sufficient cause for
nonptzyment ty the DepIIrlment tIS prwided in paragrrzph 8.23.
16.00 Agency CertijiCIJtUm: The Agency will certify in writing prior to project closeout that the project
WlZS completed in tlCt:DI'dimtz with Ilpplicable plans and spedfiaztions, is in place on the Agency Facility, that
tUkquate title is in the Agency and tJuzt the project is accepted by the Agency as suitable for the intended purpose.
1.7.00 ApprOFitdi01l of F1mds:
17.1.0 The SfIzU 01 Florida's performance and obligation to pay under this Agreement is contingent upon
IJn annual.YI~ptitztUm by the ugislllture.
1.7.20 Multi-Yau Commitment: In the eDent this Agreement is in excess of $25,000 or has a term for
a period of more than one '!Jf!Il1', the prOfJisions of Chapter 339.135(7)(Q), Florida Statutes, are hereby incorporated:
"(a) The Depczrlment, during any fiscal Yt!llr, shall nDf t%ptnd money, incur any litzlnlity, or enter
into any contrllCt which, by its terms inwh1es the expenditure of money in excess of the amounts
budgeta tIS IIfJtlilIIble for expenditure during such fi8CtI1 '!Jf!Il1'. Any contTtld, wrbal or written, ,
made in f1iolatitm of this IUbstction sIuzll be mdl and fJOid, Il1IIl no rntnrq shall be ptlid thereon.
, . · .Form 801-01
September 1990
The Department shall rtquire a statmftnt from the comptroller of the Department that funds lITe
available prior to entering into, any such contract or other binding commitment of funds. Nothing
herein sluzll prer1tnt the making of conITacts for a period exceeding 01Jt ytJlT, but any conITact so
made shall be extCIltory only for the value of the services to be rendered !,r agreed to be paid for
in succeeding fisatl yttlTS, and this paragraph shall be incorporated wrbatim in all contracts of the
Department which are for an lUnOunt in UctSS of twenty-five thousand dollars and luruing a term
for a period of more tIum ~ ytIlT. -
18.00 ~,.tditm of Agremumt: The Agency agrees to complete the project on or before
June 30, 1994 . If the Agency does not complete the project within this time ptriod, this
Agrument will e;:rpir:.e unless an atension of the time period is granted to the Agency in writing by the District
Secretary, District SIX . Expiration of this Agreement will be considered termination of the projet:t and the
procedure established in paTagraph 9.00 of this Agreement shall be initiated.
19.00 Agreemmt Format: AIl words llSed herein in the singular form shall extend to and include the
plural. AIl words llSed in the plural form sluUl extend to and include the singular. All words llSed in any gender
shall extend to and include all genders.
20.00 &ecutionof Agreement: This Agreement m4Y be simultaneollSly executed in a minimum of two
counterparts, each of which so e%tCtlted shall be deemed to be an original, and such counterparts together shall
constitute one in the SII1nt instrument.
21.00 Bills for fees or other compensation for seroices or expenses sluzll be submitted in detail sufficient
for a proper prt!4udit and postawiit thereof.
22.00 Bms for any ITa apmstS shall be submitted in accordance with Chapter 112.061 F.S. The
Department may establish rates IDrDtT than the maximum prOTJided in Chapter 112.061 Florida Statutes.
23.00 The Department reserws the right to unilaterally cancel this Agreement for refusal by the conITactor
or agency to anorD public IlCCtSS to all documents, papers, letters, or other material stlbject to the prouisions of
Cluzpter 119 Florida Statutes and made or reaiwd in conjunction fDith this Agreement.
24.00 Certification of Ratrictiou on Lobbying: The Agency agrees that no Federal appropriatet1 funds
have been pail or TDi11 be paid by or on behalf of the Agtncy, to any person for influencing or attempting to influence
any officer or employee of any Ftdmdagency, a Mmrber of Congress, an officer or tmployet of Congress, or an
employee of a Mmrber of Congras in connection fDith the awarding of any Federal contract, the making of any
Federal grant, tire making of any Fedmzllotm, the entering into of any cooperative agreement, and the extension,
continuation, renetDal, amendment or modification of any Federal conITact, grant, lcxm or cooperatif1e agreement.
'. .
.. ,
If any funds other than Fedtrrll "Pfhop,;ated finuls hRw ban pQid by the Agency to any ~ for influencing or
attempting to influence an offiar or employ~ of any Federal agency, a Member of CongrtSS, tm offiar or employ~
. ~ Congress, or an employ~ of a M""ber of Congress in connection fDith this Joint Participtztion Agreement, the
undersigned shall complete and submit Standard Fonn-UL, -Disclosure Fonn to Report Lobbying, - in IlCCOTdana
fDith its instnlctions.
The Agency shall require that the language of this section bt included in the IlTDaTd dot:llmellfs for all SJlbau1ards
at all tiers (including iubamtracts, subgrants, and contracts under grants, loans and CDOpetatit1e agreements) and
that all subrtcipimts shall certify and disdost accordingly.
Fo",1' 801-01'
September 1990
WPI NO. 6826700. 6826717. 6826747
JOB NO.
Agreemmt Date
IN WII'NESS WHEREOF, the parties hereto have caused these presents be t:UCUted, tM day and year first abcroe
written.
DATE FUNDING APPROVED BY COMPTROLLER
(SEE AITACHED ENCUMBRANCE FORM)
AGENCY
BY:
TI7I.E: MAYOR! CHPJ:m.'fAN
AT'1'EST:
BY:
(SEAL)
APPROVED AS TO FORM, LEGAL11Y
1TI1..E: DEPUIY ClERK
AITORNEY
DEPARTMENT OF TRANSPORTATION
-
D1STRlCI'SECRETARY
OR
DIRECI'OR OF PLANNING AND PROGRAMS
..
AT1'EST:
(SEAL)
EXECUTIVE SECRETARY
OR NOTARY
~Mm~ ~
~~~~ '-
6826700,
WPI NO. 6826717, 6826747
JOB NO.
EXHIBJT HA"
PROJECT DESCRIPTION AND RESPONSmILITIES
PROJECT LOCATION:
~.ARATHON AIRPORT - M,)NROE cotJNlY
PROJECT DESCRIPTION:
WPI 6826747 - Construct new Airport Passenger Tenni.nal Canplex to include, but not
limited to, Terminal Building, Auto Parking Facilities, Entrance Road,
Landscaping, etc...
WPI 6826717 - Construction of a new Aircraft ADron'tolith lighting for the new
Passenger Terminal. -
WPI 6826700 - Construct Airport Sewage Treat:na1t Plant.
PARAGRAPH 4.10 OF THE JOINT PARTICIPATION AGREEMENt
If this Agreement is executed prior to funding being llt1a&bk Ilnd qprwed by the Department Comptroller, note
the conditions of PllTllgrtrph 4.10 of this Agreement.
-
SPECIAL CONSIDERATIONS BY.AGENCY: NONE
SPECIAL CONSIDERATIONS BY DEPARTMENT: t.nNE
WPl NO. 6826747
, JOB NO.
EXHIBIT "8" - 1
This exhibit forms 1m integral part of that certain Joint Pllrlicipation Agreement bdween the State of Florida,
DepIIrlment of Transportation Il7Ul 'T'HF. mnmv OF 't-,f1NR(JF.
dated
1.
PRO]F.CI" COST:
6826747
$5,556,133
TOT At PRO]F.CI" COST:
11. PARTICIPATION:
$5,556,133
Maximum Federal Participation HID:X, FM, B&I:
~ C32%) or $1,762,133
(34%) $1,897,000
( 0%) $
( 0%) $
( 0111) $
Public Agency Participation
In-Kind
Cash
Other
-
Maximum Department Participation, the lessor of
Primary (D)
Federal Reimbursable (DW
. Lqcal Reimbursable (D L)
(34%) or $1,897,000
(O%)or $
(O%)or $
TOT At PROJECI" COST
$ 5 , 556 , 133
m. ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000)
FISCAL YEAR
91/92
92/93
1ST QTR 2ND QTR 3RD QTR 4TH QTR
100 300
500
SOO
250
247
WPI NO. 6826717
JOB NO.
EXHIBIT "B" - 2
This exhibit form8 IIn infegrtd pIIrl of tluzt cerfllin Joint P~titm Agreement between the Stllte of Florida,
DepIIrlment of Transportatitm tmd 1BE mUNIY OF MJNROE
dilted
1.
PROJECfCOST: 6826717
$1,000,000
TOTAL PROJECT COST:
11. P ARTlC1P ATION:
Maximum Federlll PlIrlicipation llID'XX, F AA.,JJK
~ IJOCJ,) or $ 900,000
$1>>000,000
Public Agency PJlTfidpation
In-Kind
CIIsh
Other
(5~) $ 50,000
( OCJ,) $
(~) $
( ()CJ,) $
-
Maximum Department Participation, the lessor of
Prinulry (D)
Federal Reimbursable (DW
Lqcal Reimbursable (DL)
( 5~) or $
( OCJ,) or $
( O~) or $
50,000
TOTAL PROJECf COST
$1,000,000
ill. ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000)
FISCAL YEAR
91/92
92/93
1ST QTR 2ND (lTR 3RD (lTR 4TH QTR
10
15
20
5
WPI NO. 6826700
JOB NO.
EXHIBIT "B" - 3
This exhibit forms lilt integnd part of that certain Joint PlIrlicipGtion Agreement l1etwml the State of Florida,
Department of TrtulSpOrllltitm tmd THE OOUNIY OF M)NROE
dated
1.
PRO/EC1" COST:
6826700
$ 100,000
TOTAL PRO/EC1" COST:
PARTICIPATION:
$
11.
Maximum Federal Participtltion JalIIXX, FAA, ssr
~ aLJ.%) or $ 14,000
Public Agency Participation (4110) $ 43,000
In-Kind ( 0%) $
CAsh ( 0%) $
Other ( 0%) $
co
Maximum Department Ptzrlicipation, the lessor of
Primary (D) (4~) or $ 43,000
Federal ReimburSlllik (DW ( 0%) or $
Lqcal Reimbursable (DL) ( 0%) or $
TOTAL PROJEC1" COST $ 100,000
ill.
ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000)
FISCAL YEAR
91/92
92/93
1ST QTR 2ND C1TR 3RD QTR 4TH QTR
5
20
18
,-
" It'.
6826700,
WPI NO. 6826717 r 6826747
JOB NO.
EXHIBIT "cn
REQUIRED SUBMITTALS/CERTIFICATIONS AND
BASIS FOR THEIR ACCEPTANCE BY THE DEPARTMENT
This exhibit forms an integral Part of that certain Joint
Participation Agreement between the State of Florida,
Department of Transportation, and the County of Monroe dated
Documents required to be submitted to the Department by the
Agency in accordance with the terms of this contract.
SUBMITTAL/CERTIFICATION
RESPONSIBILITY
Consultant Selection- Compliance------ Agency Attorney Certified
Design Submittal
Department Letter
Department Letter '
Agency Certified
Agency Certified
As Requested
Construction/Procurement
MBE Compliance
safety Compliance
Audit Reports
.)
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