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06/20/2007 Agreement fY}l71't-roe.. CO.....f\ty C.1.HIc"S O#,,'c.e. 0..&'......./ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 03/07 Page 1 of14 Financial Project No.: Fund: XL FLAIR Approp.: 088854 252228-1-14-07 Function: 215 FLAIR Obj.: 790015 ( Item-segment-ph;3se-sequence) Federal No.: Ki'87-:370 Org. Code: 55062010630 Contract No.: ..c!l(}U ;;(7 DUNS No.: Vendor No.: F596000749054 CFDA Number: ~!O.205 CSFA Number: 55.023 - THIS AGREEMENT, made and entered into this .,t 7 ~ day of (Twne- , .<007 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and MONROE COUNTY PLANNING DEPARTMENT 2798 OVERSEAS HIGHWAY, SUITE 410, MARATHON, FL 33050 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before Dec,ember 31 , 2009 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETH: WHEREAS, the A(Jency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 334.044 Florida Statutes, to enter into this Agreement. 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 funding to the Agency to undertake the work elements related to: 1) general, short- and long-range transportation planning; 2) US-1 arterial travel time and delay studies; and 3) Florida Keys Scenic Highway Coordinator, and as further described in Exhibit(s) A, S, C, and D attached hereto and by this reference made a part hereof, hereinaftelC referred to as the project, and to provide Departmental financial 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. 725-030.00 PUBLIC TRANSPORTATION 03107 Page2of14 2.00 Accomplishment of the Project 2.10 Genelral Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicabie laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approvai, 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 Allency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary 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 "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost oflhe project is $ 417,000.00 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Depllrtment Participation: The Department agrees to maximum participation, including contingencies, in the project in th,e amount of $ 364,875.00 j as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", whichever is less. 4.10 Proj"ct Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is sche,duled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agre>ement; (d) Dep,ertment approval of the project scope and budget (Exhibits A & 8) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ 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 paraglraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Department's totall 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. 725-030-06 PUBLIC TRANSPORTATION 03107 Page3of14 6.00 Project Budget and Payment Provisions: 6.10 The Plroject Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Dllpartment Comptroller. 6.20 Paym'~nt Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project plhase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurrE,d as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made avaiiable to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The 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 "projllct 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 the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of publiC funds, or as approved by the Department. 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 Chec~'s, 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, c:ontracts, 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: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, Including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a periOd of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirem.",ts do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any ot~ler state official. The Agency shall comply with all audit and audit reporting requirements as specified In Exhibit "D" attached hereto and by this reference mad" a part hereof this Agreement. 725-030-06 PUBLIC TRANSPORTATION 03/07 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fuily with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to compiy and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I FedEtrally Funded: if the Agency is a state, local government, or non-profit organizations as defined In OMB Circular A-133 and a recipient of federal funds, the foilowing annuai audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in Its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the FElderai awards expended in its fiscal year, the recipient shail consider ail sources of Federal awards, inciuding Federall"esources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shail fuifiil the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the rElcipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of statEl funds, the foilowing annual audit criteria wiil apply: 1. In the ElYent that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.!)7, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (iocal govl~rnmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the sllate financial assistance expended in its fiscal year, the recipient shail consider ail sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shail ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting packagEl as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the rElcipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) tille and number, award number and year, and name of the state agency awarding it. 725-030-06 PUBLIC TRANSPORTATION 03107 Page 5 of 14 Part III Other Audit Requirements 1. The Allency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other' state official. Part IV Report S,ubmission 1. Copies of re,porting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section i'.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directiy to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 B. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMS Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to ealch of the following: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 In addition, pursuant to Section .320 (t), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting pal~kage described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 725-030..()6 PUBLIC TRANSPORTATION 03107 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behaif of the recipieint directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 B. The Awjitor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-13:3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Rae,ord Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audilt working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportabie conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action pians. 7.65 Insul'ance: Execution of this Joint Participa~on Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of ioss or damage due to any accident or casuaity for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport nunways the Department may waive or modify this section. 725-030-06 PUBLIC TRANSPORTATION 03/07 Page7of14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Six Public Transportation Office 1000 NW 111 Avenue, Pianning Office. Miami ,FL. 33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project accouni (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shali be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with ail federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 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 tlhe eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: (a) (b) (c) 8.21 MisrE'presentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending iitigation 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 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, "'quires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conl~ict of Interests: There has been any violation of the conflict of interest provisions contained herein: or 8.25 Defalult: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. in the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "8." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective 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. 725-030-06 PUBLIC TRANSPORTATION 03/07 Page8of14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or servilces performed pursuant to this agreement. the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand. payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension 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 events or conditions set forth in Sections 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 will, 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 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 carry out the actions required therein which may includ" 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 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 approval 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 It,e Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Renlission of Project Account Upon Completion of 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. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's auttlorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing 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, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 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. 725-030-06 PUBLIC TRANSPORTATION 03107 Page9of14 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 invoives a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Dislldvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26. as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, 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 in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on th" basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Re:strictions, Prohibitions, Controls, and labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate aoainst 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 regard 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 deveiopment or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard 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 nondiscrimination clause. 13.20 Title: VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Titile VIII. Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq.. which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federai government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-06 PUBLIC TRANSPORTATION 03107 Page 10of14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an office,r, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement betwee,n the Agency and an agency of state government. 13.60 Intllrest 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 Mi,scellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 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 Allency 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 with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the rE,mainder 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 obtaining an approval of its application for the financing hereunder. 14.60 Stllte 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. 725-030..(16 PUBLIC TRANSPORTATION 03/07 Page 11 of14 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 principles and approved by the Department. The ,~gency 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 Records: The Agency agrees to maintain property records, conduct physical inventories and deveiop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its usefullifl3 for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposai of the facility or equipment. Said proportional amou nt 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 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whethelC to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructinn and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adeqUlate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725-030-06 PUBLIC TRANSPORTATION 06107 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(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 c,r written, made in violation of this subsection is null and void, and no money may be paid on such contract. 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 contained shall prevent the making of contracts for periods exceeding 1 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 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2009 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period Is requested by the Agency and granted in writing by the Department's District Six Secretary . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time periOd will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in thEl plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement 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. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid orwili be paid by or on behalf of the Agency, to any person for influencing or attempting to infiuence any officer or employee of any federal agency, a Membllr of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with tl1e awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, l.rant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an llmployee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be inciuded in the award documents for all subawards at all tiers (inciuding subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 St,~te: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-06 PUBLIC TRANSPORTATION 03107 Page 13of14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separ~lte interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual inciude acting as an advocate for Agencies who may be experiencing problems In obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the elate of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any gOOds or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725,030.{l6 PUBLIC TRANSPORTATION 03"" P~GA 14 of 1;1 Financial Project No. 252228-1-14-07 Contract No. 4tJU :<7 JUlie 017, :ZPP7 . Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA FOOT OF See attached Encumbrance Form for date of Funding =o~::__ ~ ~~ () REVIEW '''~m -'~"""ll,.- '"_"C"""_ '"" V'- ~ MAYOR u/:J.o!o7 T!TLE District Six Secretary TITLE MONROE COUNTY ATTORNEY APPRO D AS TO FORM: - .. L k ll.q'J cl Y. /t++es+: DO".......1 ,'" IL./ e.r", SUSANM. IMSLEY ~ //J~, -1-' I ASSIS~T CO NTY ATTORNEY I /J /I I..}J/ lUI.AM.../ Date" -.N - 0 '? 13' c.~r..;. r' D-Cfvrl C-/~"~ (~{.a..1) ..... C) 0 ;;;;: .l> ;:0 ~ SC"')2: r'J;:_<: 0.... C.";n: ::g = ..... ~ .." ;:: ''1 r::J '''I (::J >.:1 ;:'f"J n"t c) C, :-.::,1 C1 t...' _." ~.._ N __~,"," ..("") ::-"- :-.~ :,":",:: ;bo :x ''1 r- (,;-::. J:~~ rq - - .. UI C FM # 252228-1-14-07 CONTRACT # 40tj27 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation, and the Monroe County Planning Department, Suite 410, 2798 Overseas Highway, Suite 400, Marathon, Florida, 33050, dated J" 1/ e. ,;Z '7, ,7l()" 7. . PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE 0}1 SERVICES TASK 1: TRANSPORTATION PLANNING ASSISTANCE I. PURPOSE The purpose of this task is to provide funding for a general transportation planning consultant that will provide assistance to the Monroe County Planning Department staff for the purpose of maintaining the short and long range transportation planning programs of the County, and to provide assistance for general transportation planning and analysis activities, including data collection, technical support, and review of development proposals. 2. ACTIVITIES The transportation planning consultant will provide assistance to Monroe County Planning Department staff in the following areas, preparation of traffic impact reports, including attendance at appropriate public meetings and hearings; site plan reviews for internal traffic flows and access; provision of review comments on relevant transportation elements of reports and plans prepared by County staff in support of the comprehensive plan. This task may also include data collection, level of service analysis, and systems planning activities, including running the FSUTMS model, and other technical support. The Monroe County staff will administer a consultant contract, issue work orders, prepare invoices for submission to the Department, and participate in planning, analysis, and data collection activities as necessary. This project may also include special studies in support of the comprehensive planning program administered by the County Planning Department within the Keys. Any findings or recommendations may be incorporated into the comprehensive plan, the land development regulations, or the development review process of the County. The project may also include re- evaluation of the level of service methodology for U.S. 1. 3. COST $95,000.00 TASK2: US 1 ARTERIAL TRAVEL TIME AND DELAY STUDIES 1. PURPOSE The travel time studies will be used to monitor the level of service on U.S. I for concurrency management purposes pursuant to the Monroe County Comprehensive Plan. The studies will be conducted in accordance with the US 1 LOS Task Force methodology, which was approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs. The study may be conducted jointly by the Monroe County staff, and the general transportation planning consultant. 2. ACTIVITIES A. Using the floating car method, the County will record travel time, speed and delay data for: a) each of the 24 segments of U.S. 1, from Florida City to Stock Island; and b) the length of U.S. 1 from the Dade County line to the Cow Key Channel. B. The data will be recorded by date, day of week, time of day, and direction. C. The study will be conducted over 14 days within the six-week period from February 15 to March 31. The study will consist of 14 round-trip runs, sampling each day of the week twice. D. The study schedule will be coordinated with seven day, 24-hour traffic counts to be conducted in Islamorada (MM 84), Marathon (MM 50), and Big Pine Key (MM 30). E. The study will employ the staggered schedule of departure times previously approved by the Task Force so as to record peak hour conditions in as many different locations as possible. F. The study results will be summarized in report format including a series of tables and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds recorded for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. 3. COST *The cost ofthis task will be included under Task I. $0.00* TASK 3: FLORIDA KEYS SCENIC HIGHWAY COORDINATOR 1. PURPOsg This task will provide funding to the Monroe County Planning Department to hire a Florida Keys Scenic Highway Coordinator to administer the Florida Keys Scenic Highway of the County. 2. ACTIVITIES The Florida Keys Scenic Highway Coordinator will be responsible for the following tasks: A. Provide leadership related to the Florida Keys Scenic Highway - 50% . Provide staff support to the Florida Department of Transporation and Momoe County Office of Planning in administering the State and National Scenic Highways Program for the Florida Keys Scenic Highway. This may include applying for grants, attending meetings, teleconferences, workshops, or as directed by the FDOT Project Manager. . Assist Florida Keys Scenic Highway Corridor Management Entity (CME) in scheduling, organizing, facilitating and documenting CME meetings. . Develop a work program for the Florida Keys Scenic Highway Master Plan in conjunction with CME meetings. · Manage/oversee consultant work related to the Florida Keys Scenic Highway initiatives. . Assess corridor funding needs. . Identify grant sources for planning and project development, and prepare and submit grant applications. · Assist CME with preparation of CMP Annual Report and Five Year CMP Update. . Develop partnerships and coordinate with local government staff and appropriate staff from the public and private sectors (e.g., members of the CME) to implement the Florida Keys Scenic Highway Corridor Management Plan and to ensure adequate representation and input from stakeholders. B. Coordinate programmatic and procedural aspects of the Florida Keys Scenic Highway with Momoe County transportation planner and the Florida Department of Transportation - 25% · Review development and project proposals on the state and local roadway system. · Coordinate project development activities with FDOT, FDEP, Momoe County Public Works, Momoe County Municipalities, and other agencies. C. Design and implement an ongoing public participation program for the Florida Keys Scenic Highway - 25% · Prepare and disseminate presentations and materials. Implement public information outreach and education programs. Develop surveys and utilize feedback from the public in the design and implementation of FKSH action plans and strategies. · Document community benefits resulting from designation. · Public Relations in support of the Florida Keys Scenic Highway program. This includes the production of a website and other applicable informational materials. All expenditures related to this task will require prior authorization by the FDOT Project Manager. 3. COST $134,900 Salary, Taxes, WC and Benefits Travel Public Relations $60,500 annually x 2 years $ 4,500 $ 9,400 TASK4: PROJECT ADMINISTRATION 1. PURPOSE The purpos,: of this task is to ensure administration of the project by Monroe County Planning Department staff. 2. ACTIVITIES The task activities will include selecting and coordinating with a transportation planning consultant, issuing work orders, reviewing and approving consultant products, paying invoices, preparing quarterly progress reports, invoicing the Department, and generally administering the transportation planning program of the County. 3. COST **The cost ofthis task will be included under Tasks 1 and 3. $0.00** TASK 5: LIVABLE COMMUNIKEYS PROGRAM (CORRIDOR ENHANCEMENT PLANS) 1. PURPOSE The purpose of this task will be to utilize professional consultant services to develop transportation plans for Stock Island, Key Largo, Duck Key to Long Key, and a Corridor Landscape Master Plan. 2. ACTIVITIES A. Develop a feasibility and implementation study for the Stock Island Corridor Enhancement Plan. The firm(s) selected shall provide planning and design services to analyze the recommendations from the Corridor Enhancement Plan for feasibility and implementation. The plan will identify necessary environmental studies and permits, potential environmental and community impacts, provide cost estimates, prepare a schedule of phased implementation with recommendtld actions for each phase, and identify funding sources. B. Develop a traffic maximization study for the Key Largo entrance. The firm(s) selected shall perform and examine traffic studies, as well as corridor management plans and future land use plans, in order to identify and design alternatives for maximizing the safety and flow of traffic where U.S. 1 merges with CR 905 at mile marker 106. Public comment and input will be sought through one or more public meetings. C. Develop a corridor enhancement plan for U.S. 1 from Duck Key to Long Key. The firm(s) selected shall provide planning, design services, and conduct a community charrette to analyze methods and alternatives to public and private property improvements to enhance the visual quality of the streetscape and identify bicycle, pedestrian and public transit improvements to help reduce traffic congestion on US 1. Issues to be addressed shall include visual enhancement, streetscapes, bicycle and pedestrian safety, appropriate parking, landscaping, lighting, signage and general aesthetics, the identification and enhancement of the planning area's "sense of place", identification of opportunities for public/private partnerships and other funding mechanisms for implementation. The proposed recommendations are to be developed and considered in the context of the Florida Keys Scenic Highway Corridor Management Plan, the Florida Keys Scenic Highway Interpretive Master Plan, the Overseas Heritage Trail and the Monroe COlmty Livable CommuniKeys Plan. The exercise shall result in graphic alternatives, recommendations of the development of specific land development regulations necessary to facilitate and maintain improvements and community character, recommendations to improve bicycle and pedestrian access throughout the planning area and an implementation plan that includes planning estimates sufficient for preparing funding requests. D. Develop a Corridor Landscape Master Plan for the U.S. 1 corridor in the unincorporated areas of Monroe County. The firm(s) selected shall provide planning, design services, and conduct community charrettes to identify landscaping techniques and types of plants to erib.ance the aesthetics of the corridor, as well as improve the function and safety of the corridor. The designs will take the following items into consideration: Safety Drainage ROW maintenance Landscape criteria/concepts Buffers/screening View corridors Visual impact of utilities Sustainability The proposl~d recommendations are to be developed and considered in the context of the Florida Keys Scenic Highway Corridor Management Plan, the Florida Keys Scenic Highway Interpretive Master Pllm, the Overseas Heritage Trail Master Plan, the Monroe County Livable CommuniKeys Plans, as well as blending with the Marathon Beautification Plan as much as practicable. The proposed recommendations also will be developed in the context of the environmental sensitivity of the Florida Keys, the occurrence of frequent tropical storms and hurricane threats, and will consider the use of native plant species. 3. COST $187,100.00 FM # 252228-1-14-07 CONTRACT# ~&tA~7 . EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation, and the Monroe County Planning Dep.artment, Suite 410, 2798 Overseas Highway, Suite 400, Marathon, Florida, 33050, dated ()~ 7..t7/" 7 , / I. PROJECT COST: $417,000.00 II. PARTICIPATION: Maximum Federal Participation (XL) (LFF) (75%) $312,750.00 ( Public Agency Participation In-Kind Cash (12.5%) $52,125.00 Other (12.5%) (0%) $ 52,125.00 (0%) Maximum Department Participation (DSF) (12.5%) $ 52,125.00 TOTAL PROJECT COST $417,000.00 SPECIAL CONSIDERATION BY PUBLIC AGENCY: The audit report(s) required in paragraph 7.6 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, FM number and the Federal Identification number where applicable and the amount of state funding (receipt and disbursement of funds) and any federal or local funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: None. FINANCIAL PROJECT NO. 252228-1-14-07 CONTRACT NO. /10 u ~ 7 EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050 referenced by the above Financial Project Number. INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3. Comply with all applicable provisions of this Agreement Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. Exhibit D 72S..Q3Q-06 PUBLIC TRANSPORTATION 03107 ExhibitD FEDERAL andlor STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: . (e.g., What services or purposes the resources must be used for) . (e.g., Eligibility requirements for recipients of the resources) . (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOLIRCES Federal Aaency Cataloa of Federal Domestic Assistance (Number & Title) Amount Comcliance Reauirements 1. 2. 3. STATE RESOURCES State Aaencv Cataloa of State Financial Assistance (Number & Title) 55.023, State Highway Project Reimbursement Amount FDOT $52,125.00 Comcliance Reauirements 1. In accordance with the requirements detailed in Exhibit A, "Scope of Services" 2. 3. Matchina Resoumes for Federal Proarams Federal Aaencv Cataloa of Federal Domestic Assistance (Number & Titlel Amount FHWA 20.205, Highway Planning and Construction $312,750.00 Comoliance Reau irements 1. Federal participaltion: 75%; FDOT participation: 12.5%; Agency required match of non-federal share: 12.5% 2. In accordance with the requirements detailed in Exhibit A, "Scope of Services" 3. NO~E: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the ,nformatlon about Federal Programs and State Projects included in this exhibit be provided to the recipient.