Resolution 314-1991
..
RESOLUTION NO. 314 - 1991
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(SJPA) FOR ENVIRONMENTAL ASSESSMENT STUDY
PROJECT WPI*6826657 AT KEY WEST INTERNATIONAL
AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, hereby authorized the Mayor to approve the
Supplement Joint Participation Agreement (SJPA) for Environmental
Assessment Study Project WPI#6826657 at Key West International
Airport, between Monroe County and the Florida Department of
Transportation, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this 18TH day of
SEPTEMBER
, 1991, A.D.
MAYOR, Wilhelmina Harvey
COMMISSIONER, Jack London
COMMISSIONER, Douglas Jones
COMMISSIONER, A. Earl Cheal
COMMISSIONER, John Stormont
Yes
Yes
Yes
Yes
Absent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~
By~.b~AJ~-,"-,- ~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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WPI NO.: 6826657 FUND: 010
JOB NO.: 90000-3868 FUNCTION: 637
F . A. NO.: N / A
CONTRACT NO.: A4845
SAMAS APPROP.: 088800
SAMAS OBJECT: 730048
ORG. CODE: 55062020628
VENDOR NO.: VF596000749001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION OPERATIONS
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
19___, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the Department, and the
COUNTY OF MONROE, hereinafter called the Agency.
WITNESSETH:
WHEREAS, the 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 in all areas of appropriate jurisdiction;
and
WHEREAS, the Department and the Agency heretofore on May 25, 1988, entered
into a Joint Participation Agreement whereby the Department agreed to
certain funds for the undertaking of a Master Airport Environmental
Assessment Plan/Study at the Key West International Airport.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
representation herein, the parties agree as follows:
1. The purpose of this supplemental Agreement is to provide for
the amendment of paragraph 4.00, Department Participation, as
detailed in the attached Exhibit "B".
2. Except as herein amended, altered, or changed, all other
provisions of the Agreement dated May 25, 1988, remain in
full force and effect.
WPI NO.: 6826657
JOB NO.: 90000-3868
AGREEMENT DATE:
IN WITNESS WHEREOF, the parties hereto have caused these presents
be executed, the day and year first above written.
AGENCY
DATE FUNDING APPROVED BY
COMPTROLLER'S OFFICE (See
attached encumbrance form)
BY:
TITLE:
APPROVED AS TO FORM, LEGALITY
( SEAL)
ATTEST:
ATTORNEY
DEPARTMENT OF TRANSPORTATION
TITLE:
DIRECTOR
PLANNING AND PROGRAMS
ATTEST: (SEAL)
EXECUTIVE SECRETARY
OR NOTARY
WPI NO.: 6826657
JOB NO.: 90000-3868
EXHIBIT "B"
PROJECT COST AND CASHFLOW:
This exhibit forms an integral part of that certain Supplemental Joint
Participation Agreement between the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, and the COUNTY OF MONROE dated
I. PROJECT COST:
6826657
$
300,000.00
TOTAL PROJECT COST:
$
300,000.00
II. FUND PARTICIPATION:
TOTAL PROJECT COST:
(90.0%) $
( 5.0%) $
( 5.0%) $
$
270,000.00
Federal Participation: (FAA)
Public Agency Participation: (LF)
15,000.00
Department Participation: (DPTO)
15,000.00
300,000.00
III. ESTIMATED CASHFLOW OF STATE FUNDS ($ X 1000)
Fiscal Year
1st Qtr.
2nd Qtr.
3rd Qtr. 4th Qtr.
91/92
92/93
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5
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-=======~=============================================7===================.
WPI No.: 6826657 Fund: 010
Function: 637
Job No.: eoooO-'2>8G8 F.A. No.:
Contract No.: 114gfS
SAMAS Approp: 050098
SAMAS Obj.: 790050
org.: Code: . 5S0'62020628
Vendor No.: VF596000074900S
==========================================================================
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DMSION OF PUBLIC TRANSPORTATION OPERATIONS
JOINT PARTICIPATION AGREEMENT
TIllS AGREEMENT, made and entered into this . "2~ day of
. _' , 19~ by and between the STATE OF F1.0RIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Rorida,
hereinafter calJed the Department, and the COUNTY OF MONROE
hereinafter called the Agency.
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WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and
to undertake the. Project hereinafter descnoed, 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 Purpose of Agreement: The purpose of this Agreement is to provide
for the undertaking of
Master Airport Environmental Assesment Plan-Key West International Airport
~ ~.- ,,~
and as further described in Exhibit(s) A. B. & C. attached hereto and by this .
reference made a part hereof, hereinafter called the Project, and to provide
Departmental fmancial assistance to the 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.
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2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and comp'l~t~ the
Project as described in Exhibit -A- with all practical dispatch, in :'a-.S~uDd, } .'.~'.~,,:
.economical, and efficient manner, .anq ~ accordance with the provisions herein,.
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 Agency 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 Agency will initiate and
consummate, as provided by law, all actions necessary with respect to any such
matters so requisite. ~ .
1.J. . t" -. .
2.30 Funds of the Agency: The Agency shall initiate and"~p~dsecute to'.. :
completion all proceedings necessary including federal aid requireaients to enable
the Agency to provide the necessary funds for completion of the Project.'
2.40 Submission of Proceedings, Contracts and OthCl' Documents: The
Agency shall submit to the Department $Uch data, reports, records, contracts
and other documents relating to tpe Project as the Department may require as
listed in exhibit -C'. '
3.00 Project Cost: The total estimated cost of the Project is
$ 100,000.00 . ThiS amount is based upon the estimate summarized in Exhibit
-B" and by this reference made a part hereof. The Agency agrees to bear all.
expenses in excess of the total estimated cost of the Project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum
participation, including contingencies, in the Project in the amount of
$ 5,000.00 as detailed in Exhibit -B-, or in an amount equal to the
percentage(s) of total project cost shown in Exhibit -B-, whichever is less.
. ,'I,
5.00 Front End Funding: Front end funding. (ax) (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).
5.10 Retainage: Retainage ~ (15 not) applicable. if applicable,
N/ A percent of the Department's total share of participation as
shown 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 final project audit by
the Department.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: Prior to the executiou of this Agreement, a
Project Budget, Exhibit -B-, shall' be prepared by the Agency and approved by
the Department comptroller. The Agency shall maintain said budget, CMr"J 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 revision shall be effective
unless approved by the Department.
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6.20 Schedule of Disbursements: The Agency shall provide the D~partment
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 flScal year in accordance with Department fiscal policy.
The schedule may be divided by .Project_phase where such division is determined
to be appropriate by the Department. AIly significant deviation form 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 Records: 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 accounts to be maintained within its existing accounting
system or establish up 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 five years after final payment is made.
7.20 Funds Received Or Made A..-vailable for The Project: The 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 provided for, accruing to, or otherwise received on account of the
Project, which Department payments and other funds are herein collectively
referred to as "Project Funds". The Agency shall require 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 tbe 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.
7.30 Costs Incurred for the Project: The 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 Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the Project,
including any approved services contributed by the 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.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the
Agency with respect to any item which is or will be chargeable against the
Project Account will be drawn only in accordance with a properly signed voucher
then on file in the office of the 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.
7.60 Audit Reports: The 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,
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9/87
reflecting in detail the use of the funds of the Department, the Agency, ~d
those from any other source with respect to the Project.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Agency: In order. to obtain any
Department funds, the Agency shall:
1. rue with the Department of Transportation, District Six
Miami Florida, 33128 its requisition on
form or forms 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
payment requisitions, including
(a) the date the Agency acquired the property
(b) a statement by the Agency certifying that the Agency has
acquired said property and
(c) if the requisition covers the acquisition of real property, a
statement signed by the Agency attorney certifying that the Agency
has acquired said real prope~ty~
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. 2. Comply with all applicable provisions of this Agreement.
8.20 The Department's Obligations: Subject to other provisions hereof,
the Department will honor such requisitions in amounts and at times deemed by
the Department to be proper to ensure the carrying out of the Project and
payment of the eligible costs. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a
payment on Project Account if: .
8.21 Misrepresentation: The Agency shall have made
misrepresentation of a material nature in its application, or 3JlY supplement
thereto or amendment thereof, or in or with respect to any document of
data furnished therewith or. pursuant heretoj
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
jeopardize or adversely affect the Project, the Agreement, or payments to
the Project.
8.23 Acceptance by Department: The Agency shall have taken any
action pertaining to the Project which under this agreement requires the
acceptance of the Department or has made related expenditure or incurred
related obligations without having been advised by the Department that
same are acceptable.
8.24 Conflict of Interests: There has been any violation of the
conflict of interest provisions contained herein.
8.25 Default: T~e Agency has been determined by the Department
to be in default under any of the provisions of the Agreement.
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. 8.30 DisalIo~ed Costs: . In determining the amount of the fmancing
payment, . the Department will exclude all Projects costs incurred by the Agency
prior to the effective, date of this Agreement or prior to the date of a Letter of
No Prejudice, costs incurred by the 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
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 Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or,
before completion, fmally discontinues the Project; or if, by reason of any of
the events or conditions set forth in Paragraphs 8.21 to 8.25 inclusive, of
Section 8.20 hereof, or for any 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 event or condition resulting in such suspension has ceased or been
corrected, or the. Department may termmate 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 Section, the
Agency shall proceed promptly to carry 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 fmancing 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 fmancing and any
advance payment previously received as is determined by the Department to
be due under the provisions of the Agreement. . The termination. or .,
suspension 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 Agency to
furnish the schedule, plan, and 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 waiver of any
claim which the Department may otherwise have arising out of this
Agreement.
10.00 Remission of Project Account Upon Completion or Project: 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 unexpended balance in the
. Project Account..
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11.00 Audit and Inspection: The Agency shall permit, and sball 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
pertaining to the fmancing and development of the Project.
12.00 Contracts of the Agency:
12.10 Third' Party Agreements: Except as otherwise authorized in -writing
by the Department, 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 contracts or amendments thereto,
with any third party with respect to the Project without the written concurrence
of the Department. Failure to obtain such concurrence shall be sufficient cause
for nonpayment by the Department as provided in paragraph 8.23. The
Department specifically reserves unto itself the right to review the qualifications
of any consultant or contractor and to approve or disapprove the employment of
the 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 an Agency, where said project involves a consultant
contract for engineering, architecture or .~urveying services, is contingent on
the Agency complying in full with provisionS of Section 287.055, F10rida
Statutes, Consultants Competitive Negotiation Act. As a further condition, the
agency will involve the Department in the Consultant Selection Process for all
projects. In all cases, 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 Business 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, shall have
the maximum opportunity .10 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 defmed in 49. C.F.R. Part
23, as amended, have 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 m
accordance with 49 C.F.R. Part 23, as amended, to ensure that the
Minority Business Enterprise have the ma'Cimum 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 of Department assisted contracts.
12.33 Disadvantaged Business Enterprise (DBE) Obligations: If Urban
Mass Transportation Administration or Federal Highway AdmiDistratioif'" - .- ... ..
Funding is a part of this project, the the Agency must comply with Subpart
(E) of CFR 49, Part 27, as amended.
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13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out
of any Project, the Agency shall not discriminate against any employee or
applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without rega:d .to
their race, age, 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 termination; rates
of payor other forms of compensation; and selection for training, including
apprenticeship. The 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 the standard
commercial supplies or raw materials, and shall require all such contractors to
insert a similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials. When the Project involves installation,
construction, demolition, removal, site improvement, or similar work, the 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 nondiscrim~~ti~n clause. .
13.20 Title VI . Civil Rights Act or 1964: The Agency will cotnply 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 pursuant thereto.
13.30 Prohibited Interests: . Neither the 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 311Y member, officer, or employee of the
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
Agency, the Agency with prior approval of the Department, may waive the .
prohibition con.tained in this subsection: . Provided, that any such present
member, officer or employee shall not participate in any action by the Agency or
the locality 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 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 have any interest, direct or
indirect, in this contract or the proceeds thereof:
The prOVlSlons of this subsection shall not be applicable to any agreement
between the Agency and its fiscal depositories, or to any agreement for utility
services the rates for which are fIXed or controlled by a Governmental 'agency. ..
13.40 Interest or Members or, 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.
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14.00 MisceJlaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for
the acquisition, construction, reconstruction, improvement of facilities or
equipment, shall be presented to the Department for acceptance. In rendering
such acceptance, 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 party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making
by the Department of any payment to the Agency constitute 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 Agency, and the making of 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, tbe remainder of this Agreement
shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency
represents that it has not paid and, also, agrees not to pay, any bonus or
commission for the purpose of obt.aining an approval of its application for the
fmancing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the
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 Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and - the " .
Agency to the end that the Agency may proceed as. soon as possible with the
Project.
14.70 Use and Maintenance of Project Facilities and Equipment: The
Agency agrees that the Project facilities and equipment will be used by the
Agency to provide or support public transportation 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 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 Agency disposes
of any Project facility or equipment during its useful life for any purpose except
its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of the Office of Management and Budget
Circular A-I02, Attachment N, relating to property management standards. . Tlic"
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 financing of the facility
or equipment as provided in this Agreement.
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14.90 Contractual Indemnity: To the extent permitted by law, the Agency
shall indemnify, defend, save, and hold harmless the Department and all 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' act, 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
Department or any of its officers, agents or employees. The parties agree that
this clause shall not waive the benefits or provisions of Section 768.28 F. S. or
any similar provision of Ja~.
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 Agency shall submit to the Department for acceptance all
appropriate plans and specifications covering the Project. The Department will
review all plans and specifications and will issue to the 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 life .Agency written concurrence with
said remainder of the Project. Failure to obtain this written authorization shall
be sufficient cause for nonpayment by the Department as provided in Paragraph
8.23.
16.00 . Agency Certification: The Agency will certify in writing prior to
project closeout that the project was completed in accordance with applicable
plans and specifications, is in on the agency F~cility, that adequate title in in
the Agency and that the project is accepted by the Agency as suitable for the
intended purpose.
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17.00 Multi-Year Commitment: In the event this contract IS m excess of
$25,000 or has a term for a period of more than one year, the provisions of
Chapter 334.21, Section (8) (a), Florida Statutes, are hereby incorporated:
W(a) The Department, during any fIScal year, shall not 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 contracts 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 which are for an amount in excess of twenty-five thousand
dollars and having a term for a period of more than one year:
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18.00 Expiration of Contract: The establishment of a time period for
completion of the Project (is)(~:nlt~ applicable. If applicable, the Agency
agrees to complete the Project within 1000 calendar days from
the date first shown in this contract. If the Agency does not complete the
Project within this time period, this contract will expire unless an extension of
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9/f!:1
the time period is granted to the Agency in writing by the Deputy Assistant
Secretary, District Six. 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.
.t. -....
:. ..
0.- .;
19.00 Agreement Fonnat: All words used herein in the singular form shall . ...
J> eXte~d 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 or Agreement: This contract may be simultaneously
executed in a minimum of two counterparts, each of which so executed shall be
deemed to be an original, and such counterparts together shall constitute one in
the same instrument.
'-"[~" f
,.
. '
Form 801-01
9/87
WPI NO. 6826657
JOB NO. 90000 - ~eG~
AGREEME~ DATE ~ t s \<)aB-
IN WITNESS WHEREOF, the parties hereto have caused these presents be
executed, the day and year first above written.
COUNTY OF MONROE
AGENCY
/7 ~ /J
By:~r' 1~b/
.,,:,. I
TITLE: M.f\ '1 0 L
ATTEST DANNY L. KOLHAGE, Clerk
bb:.5-l~ ~ I ~c..
TITLE: c.. L "f uLlL .
ApPROVED
FUNDS AVAILABLl
MrN 1 0 l~AS
OffIcI! of tho Comptroller
II o~(~
;, j
DATE FUNDING APPROVED BY
COMPTROLLER'S OFFICE
(SEE ~ ENCUMBRANCE FORM)
/j-
APPROVED AS TO FORM, LEGALITY
~~ bll'l~
.ATT Y, DISTRICT-G
DEPARTMENT OF SPORTATION
,
or DISTRICT (p DIRECTOR OF
PlANNIN'GAND PROGRAMS
AITEST~ric:'. JSEAL)
C CRETARY
OR NOTARY
~~":~:'~~:~-:"~ ..~~,.~~c~~t2~;::
.' c. :' ~ ' . ,'..; , . .... ...
FY_ ..~e~M
Atr.1r'1"~":: C.'fir.if' V' f
WPI No. 6826657
Job No. '30000- ~e~8"
EXHIBIT "A"
pRQJOCT DESCRIPl'ION AND RESPONSIBLITIES
This exhibit fonns an integral part of that certain Joint
Participation Agreement beo1een the STATE OF FLORIDA, DEPARIMENT OF
TRANSPORl'ATION and the OOUNTY OF MJNroE dated _ _ ,~~ .
~
PPQJECT:
Key West International Airport
M::>nroe County
proJEX:T DESCRIPI'ION:
Master AiIFort Environmental Plan ,-'" . .
IJ:.~1~1'.t:a{ OF NO PREJUDICE:
This project is the subject of a "Letter of No Prejudice: fonn the
Department to the Public Agency, dated August 3, 1987, 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, lYnether eligible or not may not receive
State funding.
SPOCIAL CONSIDERATIONS BY PUBLIC AGENCY
N)NE
SPEX::IAL CONSIDERATIONS BY DEPARIMENT
~
,
I~ of! If>
WPI No. 6826657 .
Job No. ~O DOlO -o'aia 8
EXHIBIT "B"
ProJEX:T COST AND CASlIFIa'l
This exhibit fonns an integral part of that certain Joint
Participation Agreement between the STATE OF FLORIDA, DEP~ OF
TRANSPORrATION and the COUNTY OF MJNroE dated ,~ ~ i s \~ .
1. PROJECl' COST
Administration
Operations
Construction
Engineering
Planning Studies
Equipnent
Real Estate
.~. f
$ 0
$ 0
$ 0
$ 0
$ 100,000.00
$ 0
$ 0
TOrAL pROJOC'l' OOST
$ 100,000.00
II. FUND PARTICIPATION:
Federal Participation
FAA
( 90%)
$ 90,000.00
Public Agency Participation
Cash ' ( 5%)
$ 5,000.00
Department Participation
Primary (D) ( 5%)
TOTAL Prom:T OOST
$ 5,000.00
$ 100,000.00
III. ESTIMATED CASHFLCW OF STATE FUNDS ($ x 1000)
Fiscal Year
88/89
.'
1st Qtr. 2nd Qtr. 3rd Qcr. 4th Qtr.
o 0 2 3
loOPl~
WPI No. 682665~
Job No. 90000- ~aG~
EXHIBIT "C"
REcurRED SUEMITrAIS/CERI'IFlCATIONS AND
BASES FOR THEIR ACCEPI'ANCE BY THE DEPARIMENT
This exhibit fonns an integral part of that certain Joint
Participation Agreement between the STATE OF FLORIDA, DEP~ OF
TRANSPO~TION and the OOUNTY OF IDNroE dated . ,,~1.'"5 \~og .
StJlH[TTAL/CERI'IFICATION
RESPONsmILITY
Consultant Selection Carpliance
Design SUl:rni ttal
Agency certification
Deparbnent ~tter
.". I
Ccnstruction/Procurement
Deparbnent ~tter
:
MBE c.arp1iance
Agency Certification
Safety COl-pliance
Agency Certification
Work Plans/Scheduling
Agency Responsibility
t4-oF\~
.r
Florid,a
SOB MARTINEZ
OOVERNOR
Departmen t. of Trans porta tion
!CAYE N. HENDERSON
SECRETARY
Miami Regional Service Center
Nu1ti-Modal.Prograrns Office
401 N. W. 2nd Avenue, Room 510
Miami, Fl~ida ,3,~J..~
~U'" 0 3 ~tj J
Date:
i'! 'f
.l.....,~ '.
. !~~.:
~~. A. R. Skelly
Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida ,33040
RE: l'1PI No.: 6826G~ 1 ~ .
Description: Env{ronrnental Assesment Update
Key West Runway 9/27 Extension
Agency: County of Monroe ,-'" .
Fed. Aid No.: New
Dear ~tr. A. R. Skelly:
We have been advised that the County of Monroe is prepared to proceed
with the referenced Project.
vle concur with vour intention to expedite this Project. Further, the
Florida Departm~nt of Transportation has programmed State funds for
the Project. The proposed State participation is approximately
$5,000.00. .' , '"
You rray consider this a Letter of No Prejudice, and any costs incurred
in connection with the Project,subsequent to the date of this letter
rray be eligible for State 'participation, subject to the terms of a
Joint Participation Agreement between the County of Monroe and the
Department. However, compliance in the interim with provisions of our
standard Joint Participation Agreement, copy attached, is required as
a condition of the Department's participation.
It is to be clearly under~tood 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
County of Monroe and the Department of Transportation. It should be
further understood that any commitment by the Department is contingent
on legi~lative approval of the Department annual budget and on
availability of funds.
ISof='(~
.~
11r. A.R. Skelly
" "
Page Two
. ./....,~,..
, t"',O:
You should also be aware that if a Joint Participation Agreement is
executed it will require that all plans and specifications concerning
the Project be sut:rnitted to the Department for review 'and written
acceptance by the Department. Failure to obtain such written
acceptance 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 written acceptance prior to
execution of these documents by the County of Monroe.
If you have any questions concerning this Project, please contact Mrs.
Lucilla Ayer at 401 fl. W. 2nd Ave., Suite 510, Miami, Florida 33128,
(305) 377-5804. /.
Sincerely,
f
Se apar
" strict Director of
Planning and Programs
SP:p
cc: Lucil1a Ayer
Jack Johnson
Len Bivins
Thomas Kelso
/
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