Resolution 072-1991
.RESOLUTION NO,
072 -1991
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 COU~~ AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION OF TAXIWAY SIGNS FOR KEY WEST INTERNATIONAL
AIRPORT AND MARATHON AIRPORT.
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 taxiway
signs for the Key West International Airport and Marathon Airport.
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 Harve6
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .... ~
BY: \ -.... .0~.LCI---, '.. ~~
'-A...> . .~ _ ~~
MAYOR/CHAIRMAN
(Seal)
Attest : DANNY L. KOLHAGE, Clerk
~.t:~~/
C)
.,
C~
;--'
''1
:.tJ (.""")
,. \ ;-"~'-
:3
'::"'~-)
~.-...,.,
"-"'-
: ~:.l
f"0
C.1
u
::J
By
;~-::i
I ~(l~ffrr
;,,)
---,
c:...)
Date
Form 801-01
Sepfem'- 1990
_---.----
-----------
-
---
Fauul: 010
FIl7I(tjon: 637
F....,No:
QmtrIId No:
WPI No: 6826762
SAMAS Approp: 140013
SAMAS Obj.: 730048
Org. Cob: 55062~8
Ven40r No.: VF59 749001
Job No:
-
--...-
-
-
-
STAn: OF nORmA DEPARTMENT OF T.RANSPORTA770N
DIVISION OF PUBUC TRANSPORTATION OPERATIONS
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, 71UUle mul entmd into thU ~ of. 19 ----J by tmd
bdtDten the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the StIlte of Florida,
hereinafter called the Department, IDUl
lEE CXXJNlY OF IDffiOE
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has tM authority to enter into _ Agrament and to Il1UlerlIzh the project
hereinafter de:scribed, lDUl the D".,.tment Iw btm gnmtal the autJwrity to ftmction IIIhqUlltely in IIll IlTttU of
appropriate jurisdiction including tM implementtltUm of IUI integrtltld IInd IUnctrl fnms'port4titm system;
NOW, T'HEREFORE, in a:msideration of the mutual t:Dt1enants, promises and Tqn'esentlltions herein, the
parties agree tIS follows:
1..00 Purpose of Agrmnmt: The purpose of this Agreement is to prwilU for the undertaJdng of
.,,-
WPI 6826782 - IESIGN, CDNSTRUCT AND TIrrALL UPGRALED TAJaWAY GUIDANCE SIGNS
FOR KEY '{.vEST AND MARATHON AIRPORTS.
and as further described in Exhibit(s)A. B & C attached hereto and by this rtfrrma made a part hereof,
hereinafter caI1ttl the project, IUIIl to prwide Departmental firumcillllWistlmce to the Agency and stllte the tt:rmJ
11M conditions upon which such assistsmct will be prwidt:d IUUl the understll7ulings lU to the manner in whith the
project will be underllUr.en 4nd compkted.
Form 801''()1
September 1990
2.00 Accompluhmnat of tlu Projtct:
2.10 GtmnllllUqtlirmrent.:, Tht Agou:y sMa commence, and complde the project IU described in
ExIu'bit "A" with all pradica1 dispatch, in a sound, economical, and efficient mtlnntr, and in tICCOrdtmce with the
prwisions herein, and all appliczble laTl1S. .
2..20 Pumlluat to Federal, State, and LoCIJI LilrD: In tht erJmt that any tltction, referendum, Ilpl'rcnxU,
pmnit, 7fDfia, or oth6 proaaling or authorization is requisite undtr applicablt law to enable the Agency to enter
into this Agrament or to u7llUrlaJce the project hereunder, or to obsm.1e, lISSumt or carry out any of the prwisio7l$
of the Agreement, the Agency fl1t11 initiate and consummate, as prwided by law, all actions neassary with respect
to any such 71Ulttm so requisi~
2.30 Funds of the Agency: '!he Agency shall initiate and prostrUtt to complttion aU procudings
nteeSSIlTY including federal aid rttfuirements to enable the Agency to prwidt the neassary funds for completion of
the project.
2.40 Submission of P1'Ocudings, Contrads and Other Documents: Tht Agency shall submit to the
Department such data, rqxms, records, contracts and other documents rtIating to the project as the Department
may require as listed in exhibit "e".
3.00 Project Cost: The total tstimattd cost of the project is $ 50 . 000 . 00 . This amount is based
upon the estimate summJD"i:zed in E.xhibit "B" and by this reftrena madt a rxzrt hereof. Tht Agency agrees to bear
all apensts in acess of the total estimated cost of the project and any dtficits inTJOwm.
4.00 Deparlmmt PlU'ticipation: Tht D~tment agrees to maximum participation, including
contingtndts, in the project in the amount of $ 2,500.00 as detai1td in Exhibit "B", or in an. amount tqUIl1
to the percmtage(s) of total project cost shown in Exhibit "B", whichever is Itss.
4.10 Project Cort Eligibility: Project costs eligible for State parlicipaticn will be aIlmved only from the
date of this Agrument. It is understood tJuzt State parlicipaticn in eligible project costs is subject to:
a) Legislati1Je appr wal of the Department's Ilf'ftl OPT iation request in the work program year that
the project is scheduled to be committed;
b) The understanding that disbursement of funds will be made in accordance with the balanced thirty-
six (36) month cash foremst;
c) .. ;.GaiIibility of funds as stattd in paragraph 17.00 of this Agrt!tmenti
d) Approt1al of all plans, $ptdfiClltions, contracts or other obligating documtnts and all other ttrml
of this Agr<<menti
e) Department trpprOTJal of the project scapt and budget (E%hibits A & B) at the time app7'upriI;.tWn
authority becomes atJaiZable.
4.20 Front End Funding: Front end funding. (is not) applicablt. 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 &tamage: Rdainage ~ (is not) appliazble. if applic.able, N/ A percent of the
DtpaTtment's total share of participation as shown in paragraph 4.00 is to be held in rdainage to be disbursed, at
the Department's discretion, on or befr:1re the completion of the final project audit.
I Fonn 801.{)1
. . 5epttmber 1990
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: Prior to the execution of this Agreement, Il project budget, Exhibit "B", shall
be prepared by the Agency Ilnd approved by the Department. The Agency shall m~ntain said budgtt, Ctlrry out the
project and shall incur obliglltions Ilgainst Ilnd mllkt disbursements of project funds only in confonnity with the
latest approved budgtt for the project. The budgtt may be revised p~iodica1ly, but no budgtt revision shall be
effective unless it complies with fund participation requirements established in prmlgraph 4,00 of this Agreement
Ilnd is approved by the Deptzrlment Comptroller.
6.20 Schedule of Disbursements: The Agency shall provide the Department with a timt-phased schedule
of the Department funds to be expended on the project. This schedule sJuzll show estimtlted disbursements for the
entire tenn of the projed by quarter of fiscal year in accordance with Department fiscal policy. The schedule may
be divided by projed phase where such division is determined to be llppTopriate by the Department. Any significant
deviation from the approved schedule in Exhibit "B" requires submission of a supplemental schedule by the Agency.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Record,: The Agency shall establish for the
project, in conformity with uniform requirements established by the Department to facilitate the administration of
the financing program, separate aaounts to be mtlintaiMd within its e:cisting accounting system or establish
independent accounts. Such llCCOunts 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 five years after final payment is made.
7.20 Funds Received Or Made Arll%ilable for The Project: The Agency shall appropriately record in the
project account, and deposit in a bank or tTu$t company which is a member of the Federal Deposit lnsurance
Corporation, all payments receToed by it from the Department pursuant to this Agreemt:nt and aU 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 "projed funds". The Agency shall rtquire depositories of projed funds
to secure continuously and fully flll project funds in e:cress of the tmWunts insured under Fedml plans, or under
State plans which have been apt"oued for the deposit of project fundJ by the Department, by the deposit or setting
aside of collateral of the types and in the manner as presaibed by State Law for the security of public funds, or as
llppToved by the D~t.
-
7.30 Costs Inc1IT'J'ed for the Project: The Agency shall charge to the projtd IlCcount aU eligible costs
of the project. Costs in ext:I!!S of the latest approved budgtt or attributable to actions which have not received the
requiTed approval of the Department shall not be considered eligible costs.
7.40 Docummtation of Project Costs: All costs charged to the project, including any approved st:!'Uias
contributed by the Agency or others, shall be supported by properly executed payroUs, time rtcOTds, invoices,
contracts, or vouchers euidendng in proper detail the nJZture and prt1fJTidy of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with resped 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 Agency stating in proper detail the purpose for which such check or order
is drawn. All checks, payrolls, invoices, contracts, vouchm, orders, or other accounting documents pertaining in
whole or in part to the projed shall be clearly identified, readily accessible, and, to the att:nt feasible, kept separate
and apart from all other such documents.
I Form 801-<Jl
Septembtr 1990
7.60 Audit Reporll: The Agency shall provide to the Department for l!Ilch of its fisC/ll yt!JlTS for which
the project Q&COunt remains upetl, an audit report prepared either by its official auditor or audit agency or an
irukpmdent certified public accountant, reflecting in detail the use of the funlb of the Deprzrlment, the Agency, Jlnd
those from any other source with respect to the project. Audits shall be performed in tJCCD7'dance with generally
accepted gwernment auditing standards for financial and compliance audits and OMB OrcuUzrS A-I28 or A-133.
7.70 I1J$Urana: The Agrncy shall amy property and casUlllty insurance on project equipmmt and
facilities andprooide roidena of said insurance for the project amount stated in paragraph 4.00 of this Agreement.
8.00 lUqui.itiolll "nd P"yments:
8.10 Preliminmy Action by the Agency: In order to obtain any Department funds, the Agency shall:
8.11 File with the Department of Tr"nsportation,
DistrictS IX , 602 S. Mi ami Ave. , Mi a.mSlorida, 33130 its requisition o,n form or forms prescribed
by the Department, and such other data pertaining to the project account (as defined in paragraph 7.10 hereof) and
the project as the Department may require, to justify and support the payment requisitions, including
(1) the date the Agency acquired the property
(2) a statement by the Agency certifying that the Agency has acquired said properly and
(3) if the requisition cwers the acquisition of real property;
A. a statement signed by the Agency attorney certifying that the Agency has acquired said
real property
B. a statement that two independent appraisals were obtaind
(4) actual consideration paid for rrlll property.
8.12 Comply with ,,11 ttppli&able pr'Of1isions of thil Agreement.
8.20 The Departmmt'~ Obligatiom: Subject to otherprwisions hereof, the Department un11 hDnor such
requisitions in amounts and at times deemed by the Department to ~ proper to ensure the carrying out of the
project and payment of the eligible costs, Hm.oeuer, notwithstanding any other prt1Dision of this Agreement, the
Department mII!J elect by notice in writing not to make " payment on the project acanmt if:
-_ 8.21 Misreprrsentiltion: The Agency s1u:zl11ume made misrepresentation of a 1'1Ulteria1 nature
in its IIppliClltion, or any supplement thereto or amendment thereof, or in or with respect to any document
. of data furnished therewith or puTSUllnt hereto;
8.22 Litigation: There is then pending litigation with respect to the perf()r mance by the
~ Agency of tmy of its duties or obligations which may jeoparw or ad'DerSe1y affect the project, the
Agreement, or payments to the project.
8.23 At:aptana by Departmmt: The Agency shall have taken any action perflzining to
the project which under this agrmnent requires the acceptance of the Department or has made re1Jzted
apenditureor incurred related obligations without hamng been advised by the Department that same are
acceptilble.
8.24 Conflid of Intnests: There has bten any tliolJztion of the conflid of interest prO'Oisions
contained herein.
8.25 Dqalt: The Agency has btm determined by the DtpQrlmmt to be in default under
"ny of the prr1f1i6itnu of tire Agreement.
I Form 801.()1
September 1990
8.26 FeUral Participation af Applicable): The Department may suspend or terminate
the fiMnc:iJl1 asJistance of this grant if any ftderal agency prwiding fedt!ral fiMncial assistance for the project
determines tJuzt the purposes of the stAtute under which the project is authorized would not be adeqUAtely serotd-, .
by continuation of Fedml firumciit1 /Usistllnce to the project.
8.30 Di.allowed Co.ts: In determining the amount of the financing payment, the Department will
exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not
prwided for in the IJztest MW' Oudl budget for the project, and costs attributable to goods or services receivtd under
a contract or other arrangements which haDe not been approved in writing by the Department.
9.00 Termination or Suspeuion of Project:
9.10 Termination or S"'pmsion Generally: If the Agency abandons or, before completion, finally
discontinut:S the project; or if, by reaon of any of the erlents or conditions set forth in paragraphs 8.21 to 8.26
inclusive, or for Ilny other rt!lZSon, the commencement, prosecution, or timely completion of the project by the Agency
is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notict to the Agency,
suspend any or 1111 of its obligations under this Agreement until such time /U the emtt or condition resulting in
such suspension h4s ctllStd or been corrected, or the DqKlrtment may terminate any or all of its obligations under
this Agreement.
9.11 Action Subsequent to Notice of Termination or SU'Peuion. Upon receipt of Ilny fiMI
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which 11IIlY include any or all of the following: (1) necessary action to terminate
or suspend, as the azse may be, project activities Ilnd contracts and such other IlCtion /U may be required
or desirable to bq1 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 am tracts, and other undertakings the cost of which are
o~ includable /U project costs; and (3) remit to the Department such portion of the financing Ilnd
any adamce payment prtuiously reaivtd /U is detmniMd by the Department to Ue due under the
provisions of the Agreement. The termimdion or suspension sJuU1 be carried out in conformity with the
l4test schedule, pUm, wlnulget /U IlpflrOWIl by the DtptlTfment or upon the basis of terms and conditions
imposed -by the Department upon the failure of the Agency to furnWt the schedule, pIan, and budget within
a retz507Ulbk time. The IZCCeptlmce of a remittance by the Agency or the closing out of Fedmzl fimmdal
participation in the project shall not constitute a waiver of any clllim which tM Department may otherwise
have..izrising out of this Agreement.
....
10.00 Rmau.ion of Projm &count Upon Compldion of Projed: Upon completion of the project,
and 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 unaptnded balance in the project account.
11.00 Awlit 41Ul ~ction: The Agency shall permit, and shall require its contractors to permit, the
DeptIrlment's authorized reprtStllfativts to insptd all fDOTk, materials, payrolls, records; and to audit the books,
records and accounts pertaining to the financing and dtVtiopment of the project.
12.00 Contr4ds of the Agmcy:
12.1.0 Third Party Apemen": Except /U otherwise authorized in writing by the D~rtment, the
Agency .Juzll not aecute any contract or obligate itself in any manner requiring the disbursement of Deparlmmt
jaint participGticm fwuls, indwling consultant or construction contracts or amendments thereto, with any third
party with r~ to 1M project without the written CD1ICJlTTtnCe of the Depttrtment, Failure to obtain such
concurrmce sMll lit sufficient cause for nOnptZymtnt by 1M Deptutmmt IlS prwided in parllgrttph 8.23. The
DeptIrlment IpfdfiaIlIy raaws unto itself the right to Ta7ierD Uw IJU4lifit:atUnu of II1lY co1l.Sulmnt or contTtlctor arul
FC1rI1I 801-01
September 1990
10 ~ or disllpprcroe the employment of the same.
\
12.2.0 ComplilUra with Consultant.' Compditive Negotiation Act: It is understood and agreed I:ry
the ptIrlia hereto t1ult participation by the Deparhnent in a projet:t with an A.g~, where said projtct involves a
conllllttmt contrlJd for engineering, archittcture or surveying services, is contingent on the Agrncy complying in
full with prwisions of SectiDn 287.055, Florida Statutes, Consultants Competitit1e Negotiation Act. As a further
condition, thl A.gency will inoolf1e the Department in the Consultant Sdtction Process for allproj<<ts. In all cases,
the Agency's A.ttDl'1leY shall certify to the Department that selection hils been accomplished in compliance with the
Consulttmt's Competitiw Negotiation Act.
12.30 Minority Busws. EnUrprise (MaE) 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, shall Jun1e 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 IlS defined in 49. C.F.R. Part 2.3, as amended, have the maximum opportunity to participate in
the performance of contracts and this A.greement. In this regard, all recipients, and contractors shall take
all neassary and rttlSOnable steps in accordance with 49 C.F.R. Part 2.3, as amended, to ensure th'1.t the
Minority Business Enterprist have the maximum upportunity to compdt for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of ract, color, national origin
or sex in thl tlUXlTd and performance of Department assisted contracts.
12.33 Disadt1antaged Businas Ente1'pfUe 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 en 49, Part 27, IlS amended.
13.00 Restrictions, Proh%"itions, Controls, and Labor Pi'ot1iJicml:'
13.10 Equal Employmmt Opportunity: In connection with the azrrying out of any project, the Agency
shall not discrimi7ulte against any employee or ttpplicant far employment bt.cause of rrza, age, creed, color, see or
national oriN_The Agency will tIlke IlffinnatiTJe action to ensure that appliaznts lire employed,lInd thllt employet$
lire treated during employment, without regtlTd to their race, age, crtetl, color, sa, or utitmal origin. Such action
shall include, but not be limited to, thl following: Employment upgrtUling, demotion, or tranlfer; recruitment or
recruitment IlIlwrtising; layoff or termination; rates of pay or other forrm of compensation; and selection for training,
including trpprentictship. Tht Agency shall instrl the foregoing prwision modified only to shaw the particular
contractUlll relationship in aU its contracts in.connection with the deDelopment of operlllion of the projed, except
contracts for the standilrd commerciIll supplies or raw materials, and shall reqwire II!l such contractDrs to inserlll
Iimilar prooision in II1l SllbctmtTtlcts, except subctmtrtlcts for ,tmulard conrmerr:W 1Vpp1it.! or rtltD materials. When
the project inwlf1ts i7Z$ta1lation, amstruction, demoI.:ion, remtTOtzl, site imprOfJtnte1Zt, or similar work, the Agency
shall post, in amspit:uous places lIt1tD1able to employee:s and ttppliamts for employment for project tDOTk, notices to
be prrruided I:ry the Department setting forth the prc1f7ision$ of the nondiscriminlltion cla,USt.
13.20 Title VI - Civil Rights Act of 1964: The Agency fl1i1l comply rl1ilh all tht requirements imposed
by Title VI of the Cit1il Rights Act of 1964 (78 SWute 252), the Regulations of the Fedenil Department of
Trrmsportation issued thereunder, and the assurance by the Agency pumumt thereto.
13.30 ProhibiUtl Int.-atJ: Neither the Agmcy nor IIny of its contrrlctm or their subcontractors shall
enter into any amtrru:t, ,ubcontract, or IImmgtment in conna:titm with the -proj1Ct Of rmy property included or
-,-
-
. I Fotm 801-01
Stptembtr 1990
planned to be included in the project, in which any member, officer, or employee of the Agency or the locality during
his tmure or for cmt year theretlfter has any interest, direct or indirect. If any 5uch pre5mt or former member,
officer, or employee imKJlunttlrily acJfuires or had tlClIuirtd prior to the beginning of his tenure any 5uch interest,
and if such interest is immediately discloSld to the Agency, the Agency with prior tg1prDtltll of the Department, may
waive the prohibition contained in this subsection: Prwided, that any such present member, officer or employee shall
net ptlrticipate in any IJCtion by the Agency or the loadity relating to such contract, subcontract, 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 rttlwe its contractors to insert in each of their subcontracts, the
following prwision:
HNo member, offiar, or employee of the Agency or of the locality during his tenure or for one year
thereafter shall htme 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 fiscal
depositories, or to any agreement for utility seruices 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 Mucellan40US PrO'Di.ions:
14.10 Ent1ircmmentJd Pollution: All Proposals, Plan!, and Specifications for the tlClIuisition,
construction, rtcOnstruction, improvement of facilities or equipment, shall be presented to the Department for
acceptance. In rendering such acceptance, the Department shall tah into considtTation whether such facility or
ttluipment is designed and ttluipped to prerlent and control mWonmental pollution.
14.20 Department Not Oblig4ted to Third P4ma: The DeptlTtment sha1l1Wt be obligated or liable
hereundtT to any ptzrly other than the Agency.
14.30 Wha Rights 41Ul Rlmedu. Not W4it1ed: In ne eoent WI1 the making by the Department of
any payment to the Agency constitute or be COtrStrued as a roaiot!r by the Department of tmy bretlch of Ct1DDUZnt or
any defaultwlrich 77UlY then exist, on the part of the Agency, and the making of such payment by the Department
while any such brsch or deftzult shall aist shaU in no uxzy impair or prejudia any right or remedy wailable to the
Department in respect of such brtllch or default.
24.40 How Agremamt II Aff<<ted by PrO'Dision.l Being H.ld Int74lid: If any provision of this
Agreement is held imJalid, the remaindtT of this Agreement shall JJOt be tz/frcttrI. In IUCh an instance the remaindtT
would then continue to conform to the tt171U IZnd requirements of RppliaIble larD.
14.50 Bomu or Commission: By aec:ution of the Agreemtnt the Agency represents that it has not paid
and, also, agr~ not to pay, any bonus or commission for the purpose of obtaining an apploml of its application
for the financing hereunder,
14.60 St4u or Territorilll Law: Nothing in tht Agrtmltnt shtzll reqWe the Agency to obstJ'W or enforce
complilmce 'With 4ny prwision thereof, perform any other lief or do tiny other thmg in contrlZf)tntion of lliIy
Ilppliazble State law: Prwided, that if any of the prcroisions of fM Agrtement t1io14te tmy applicable State 14fD, the
Agency will at once netify the Department in writing in order th4t KYf'Ieprwe dumga and modifiattions may be
made by the Departmmt IUId the Agency to the end tJrat thI Agmcy ""'Y "ocerd as soon as possible 'With the
J1'Oject.
. ,
Form. 801''()1
Septnnber 1990
14.'10 U.e Qnd MQint~ of Project FtlCilitil, Ilnd Equipment: The Agency agr~ that the project
ftu:ilities and equipment will be used by the Agency to prwide or support public transportJztion for the pericd of the
ustfullift of such facilities Ilnd equipment IZS dttermined in Ilaordllnce with general accounting stllndards and
approved by the Department. The Agency further agr~ to maintain the project facilities and equipment in good
working order for the useful life of said facilities or equipment.
14.71 Property IUcords: The Agency Ilgrees to TMintlzin property records, conduct physical
int1entories and dmelop control systems IZS required by 49CFR parl18, when applicable.
14.80 DispolQl of Project Facilities or Elfllipmtmt: If the Agency disposes of any project facility or
equipment during its UStfullife for my purpose acept its replacement with like facility or equipment for publit:
transportation use, the Agency TI1i1l comply with the terms of 49CFR Parl18 the relating to property ma7Ulgement
standards. The Agency agrees 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 fi7Ulndng of the facility or equipment as provided in this Agreement.
14.90 Contractulll Indemnity: To the alent permitted by law, the Agency shan indemnify, defend, save,
and hold harmless the Department and an its officers, agents or employees from all suits, actions, claims, demands,
liability of any nature whatsoet1eT arising out of, because of, or due to brttlCh of the Agreement by the Agency or
its subcontractors, agents or employees or due to any negligent act, or occurrma of omission or commission of the
Agency, its subcontractors, agents or employees. Neither the Agency nor Ilny of its Ilgents will be liable under this
section for damages arising out of injury or damage to persons or property directly mused or resulting from the sole
negligence of the Department or any of its offiars, agents or employees. The ptIrlies IIgrte that this clause shall 7U1t
fDtlifJe the benefits or prcroisions of Chapter 768.28 Florida Statutes or any limilar provision of law.
15.00 PllUJI tI1Ul Sptt:ijiclltions: In Ule ment that this Agreement inoolves the purchasing of capital
equipment or the constructing and equipping of facilities, the Agency shall suOmit w the Department for acceptance
all appropriate plans and spedfic4tirnu covering the project. The Department wJ1l rt:Diew 1111 pUlns and spedfiaztitms
and will issue to the Agency written concurrence with any approved portions of the project IInd comments or
recommendations concmdng any retnllinder of the project tUemed ilpyroprillte. After resolution of these comments
and recommeruLztions to flu Depttrtment's satisfaction, the Department will issue to the Agency written concurrence
with said remainder of the project. Failure to obtain this fDritten authorization shall be sufficient cause for
nonpayment by. Department lIS provided in paragraph 8.23.
16.00 Agency Certifiation: The Agency wiI1 certify in writing prior to project closeout that the project
UlrlS complded in accordance with appliazble plans and spedfi:iztions, is in place on the Agency Facility, that
adequate title is in the Agency and that the project is accepted by the Agency IZS suitable for the intended purpose.
1.7.00 Appropriation af FutuU:
17.10 1M State of Florida's ptrfo,mance and obligation to pay under this Agreement is contingent upon
IIn annual appropriation by the Legislature.
17.20 MIIlti-Yellr Commitment: In the eDe1It this Agreement is in aass of $25,000 or has a term for
a period of more than one yetzr, the provisions of Chapter 339.135(7)(a), FImid4 StIltutes, tlTe hereby incorporated:
"(Il) The Depttrtment, during any fiscal year, sJulll net e:rpend money, incur any lialn7ity, or enter
into any contract which, by its terms inwlves the apmditure of money in excess of the amounts
budgmd lIS IlfJtJi1able for apenditure during sudz fUoU ytIlT. Any contrllct, f:JerIHzI or written, '
mmle in t1iDlIltitm of this IUbIection Ihall be mdIllnd fJOid, mul 710 money sM11 be paid thereon.
I , . Form 801-<Jl
September 1990
The Department shall rtlluire R statement from the comptroller of the DeplZTtmmt tMt funds are
llf1Qilable prior to mterUcg into Ilny sud1 contrtJCt or other binding commitment of funds. Nothing
herein sluzIl prewnt the nuUdng of contr&ICts for a period acMling one yttlr, but tmy contract so
made shtzIl be executory only for the wlue of the smctS to be rmdertd 9T agrtl!1i to be paid for
in succeeding fisall yttzrs, ,md UW pm-agrtzph shall be incorporttted 'Derbtztim in 1111 contracts of the
Department which lire far 1m IlmOUnt in aass of twenty-fi'Oe thoUSIUJd dollars dnd harJing a term
for d period of more thtln onl year. ·
18.00 Ezpjrmon of Agrummt: The Agmcy agrees to complete the.project on or before
June 30, 1994 . If the Agency does not complete the project within this time period, this
Agreement will expire unless 1m atension of the time period is gnznted to the Agency in writing l1y the District
Secrdllry, District 5 IX , Expimtion of lhis Agreemmt r.uiII be considered tenninlltion of the Fojld and the
procedure established in pllTRgraph 9.00 of this Agreement shall be initiated.
19.00 Agreement Format: All words useiI herein in the singular furm shall atend to and include the
plural. All words used in the plural form shall extend ro ar.d include the singular, All words used in any gender
sMIl extend to and include IllI genders.
20.00 Eucution of Agrument: This Agreement may be s<.multaneously executed in a minimum of two
counterparts, each of which 10 executed shall be deemed to be an original, and such counterparts togtther shall
constitute one in the SlZme instrJl17Jmt.
21.00 Bills for fees or other amrpe1J$l%tion for seruices or expenses sJuUl be submitted in detail suffici.ent
for a proper preaudit and postawiit thereof.
22.00 BiUs for any trtmd expenses shall be submitted in accordanct with Chapter 112.061 F.S. The
Department may establish rates lower than the muimum provided in Chapter 112.061 Florida Statutes.
23.00 The Department resllT)tS the right to unilaterally Cllnal this Agreement for rqusaI by the contractor
or agency to RnOrD publi& IU:Ct:IS to all documents, papers, letters, or other 77UlleriIll 6Ubjtcf to the prwisions of
Chapter 119 Rorida Statutes IInd nuule or recdwd in conjunction with this Agreement.
24.00 Certi{iclltion of Restricticng on Lobbying: The Agency agrees that no Federal appropriIlted funds
haPt been paUi~ will be paid by or on behalf of the Agency, w any person for influencing or attempting to influence
tlnyofficer or employee of tlny Ftdmll agency, II Member of C07JgrtSS, IlIl offiar or mrployre of Congress, or tln
employee of a MDnber of Ccmgras in ctm1Itction with the /lWGTding of tlny Ftlhral contract, the mtiking of any
Federal grant, the making of any Federal loan, the entering into of tmy cooperatirJe IIgrtI11Itnt, Imd the e:rtmsicm,
continuation, renewal, amendment or modifialtion of any Federal contract, grant, 10tln or cocpmzfiT1e IIgreement.
If =y funds o~ than FtdenU (lyy,optiated fundi haw - pQid by the Agency to any"mon for influencing or
attempting to influence IlIl officer or employ~ of any Ftdenzl agency, a Member of Congress, an officer or employee
Jf Congress, or an employee of a Member of Congress in connection with this Joint ptzrlidpation Agreement, the
undmigned shall complete and submit Standard Fonn-U1.., -Disclosure Form w Report Lobbying, - in aa:ordlmce
with its instructions.
The Agency shan require thIIt the language of this Itdion be included in the IZTDIlrd docummts for all subtzr.r1tmll
at all tiers (including .ubctmtrtlcts, JUbgrllllts, and contrrzets under grants, loans and coopetalfr1e Rgr<<mentl) and
that all subrecipienf$ .haIl certify and di5c~ IU:a1Tdingly.
Form 801-01
September 1990
WPI NO. hP.?h 762
JOB NO.
Agreement Dllte
IN WITNESS WHEREOF, the parties hereto h.ar:Je CJlustd thtse presents be executed, the day and year first abcroe
written.
DAn; FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
AGENCY
BY:
TITLE: }'fAYOR/ C1fA:rnAAN
ATTEST:
(SEAL)
APPROVED AS TO FORM, LEGALIn'
TITLE:
DEPUIY ClERK
ATTORNEY
DEPARTMENT OF TRANSPORTATION
~
DISTRICI' SECRETARY
OR
DIRECTOR OF PLANNING AND PROGRAMS
..
ATTEST:
(SEAL)
EXECUTIVE SECRETARY
OR NOTARY
~
By
J;p~1ts TO FOFN
fAj40 0: UFF1CIENCY.
\'-, -. ......--
t11;:,';nLi th'rO
-,
o.te
WPI NO. 6826 -: 62
JOB NO,
EXHIBIT "A"
PROJEcr DEsCRIPTION AND RESPONSIBILITIES
This exhibit forms 41ft i71Ugnll part of that certai7lToi1It P~tion Agrltlme7lt hdtDfc7l the State of FloridJJ,
DtptIrlmmt of Trll7l6pt1rlAtUm IIIIIl nm OJUNIY OF MEa:
dIlte/l
PROJECT LOCATION: KEY WEST INI'ERNATIClW.. AIRPORI' - MJNROE a:mny
MARATIiON AIRPORT - mmE CXXJN1Y
PROJECT DESCRIPTION: IESIGN, CX>NSTRIJCI' AND INSTAlL UPGRADED 'OOIT'I"lAY GUIDANCE S100
FOR KEY 'V7FSI' AND ~ARA1HON AIRPORTS.
PARAGRAPH 4.10 OF THE JOINT PARTICIPATION AGREEMENT
If this Agreement is em:uted prior to funding being lZf1ailablt Ind IlT'P'wtd by the Dqxzrtment Comptroller, note
the conditions of Ptzrlgrtrph 4.10 of this Agreement,
--.
-
SPECIAL CONSIDERATIONS BY.AGENCY: !'n-lE
SPECIAL CONSIDERATIONS BY DEPARTMENT: OlE
WPI NO, 6826 -(<:
JOB NO.
'EXHIBIT "B"
This exhibit forms 1m inttgrtJI pari of that certain Joint participation Agreement bdTDeen the State of Florida,
Department of Trrmsportation and 'lliE CXJUNIY OF M)NRDE
dated
1.
PROJECT COST: 6826782
$ 50,000.00
TOT At PROJECT COST:
II. PARTIOPAT10N:
$ 50, 000 . 00
Maximum Federal Participation ~ FAA, BIll
~ (9C7') or $ 45.000.00
Public Agency Participation
In-Kind
Cash
Other
( :J/o )
( ~)
( ~)
( 0'10)
$ 2 , 500. 00
$
$
$
-
~
Maximum Deprzrtment Participation, the lesser of
Primary (D)
Federal Reimbursable (DU)
Lqca1 Reimbursable (DL)
( %) or $ 2.500.00
( 0%) or $
( 0%) or $
TOTAL PROJECT COST
$50.000.00
m. ESTIMATED CASHFLOW OF BUDGETED FUNDS ($ X 1000)
FISCAL YEAR
90/91
1ST QTR 2ND QTR 3RD QTR 4TH QTR
2.5
. r
WPI NO. 6826762
JOB NO.
EXHIBIT "C"
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
Department Letter
Design Submittal
construction/Procurement
MBE Compliance
safety Compliance
Department Letter
Audit Reports
Agency Certified
Agency Certified
As Requested
.."....... .......