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1st Supplement 05/20/2009 DANNJ!' L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 9, 2009 TO: Andrew Trivette, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant jJ ~fl FROM: Isabel C. DeSantis, D.C. At the May 20,2009, Board of County Commissioner's meeting, the Board granted approval and authorized execution of a Supplemental Joint Participation Agreement (JP A) No.1 between Monroe County and the Florida Department of Transportation (FDOT) for Contract No. AOU27 for Transportation Planning Consultant Assistance and Transportation Planning Staff Assistance (Scenic Highway Coordinator Position), extending the term of the JP A from December 31,2009 to December 31,2010, and providing additional funding of$417,000.00. Enclosed are four (4) duplicate originals of the above-mentioned executed by Monroe County for your handling. Please be sure that the sets marked Monroe County Clerk's Office and Monroe County Finance Department are returned to this office. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance F i I e Ie...---- l~Gn~'Oe tCc~Cy ac~~ts c~:c C!r!~~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION 00W7 Page 1 of 4 PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 Fund: SL Function: 215 Federal No.: 8887-370 Contract No.: AOU27 DUNS No.: Catalog of Federal Domestic Assistance Number: 20.205 Financial Project No.: 25222811407 (item-segment-phase-sequence) FLAIR Approp.: 088854 FLAIR Obj.: 790015 Org. Code: 55062010630 Vendor No.: F596000749054 Catalog of State Financial Assistance Number: 55.023 THIS AGREEMENT, made and entered into this 2LP.f:b. day of '-\ u YlC- 2. Ooq , 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. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 27th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of June ,2007 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $729,750.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended as follows: Attached Exhibits A, a, C, and D supercede the previously incorporated exhibits in JPA AOU27 dated 6/27/2007. As shown in revised Exhibit A, Task 1 provides funding assistance for a Transportation Planning Consultant to assist Monroe County. Task 2 provides funding assistance for transportation planner position(s) to manage and administer the county's transportation planning program. 72s.o~7 PUBLIC TRANSPORTATION 04.07 Page 2 of4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by bringing the revised total cost of the project to $ 834,000.00 $417,000.00 Paragraph 4.00 of said Agreement is increased by $364,875.00 bringing the Department's revised total cost of the project to $ 729,750.00 3.00 Amended Exhibits: Exhibit(s) A, B, C, and 0 of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement December 31st ,2010 72'i-030-07 r~J8:.IC TRANS!'C;HATION 04/07 I'ag(-. 3 of 4 Financial Project No. 2t.i22281140l Contract No. AOU27 Agreement Date ~Unc. 2to ' 2~ Except as hereby modified, amended or changed, all other terms of said Agreement dated June and any subsequent supplements shall remain in full force and effect. 27th 2007 IN WITNESS \A/HEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT Monroe County AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Com roller t ~ ~ LEGAL REVIEW DEPARTMENT OF TRANSPORTATION ~~ .. DEPARTMENT OF TRANSPORTATION Mayor, Chairman TITLE /J;r" of 7'~n~ P-ev OS/20/2009 TITLE ~~ OEr~IJT'''{ C~J~F~ - .,",. c:; ~~J MONB8E 68U~'J+~(; AffeRNE~ APPR :.lJ ::l TO FORM: ~ j ('\ ,. sur ~\: ~ -/"ASLE ASSJS~".;. I'{ I.\TTORNEY Date ~ . -~..i;1.q I ~ OCJey , C:1l:;j A .._-C) . J-- --:: <J :J:: :;-"'" ;-i )> ""'7 C'.> r- f"T1 Sl ~ ~ " - r- ,.." o ..." o ;0 ::0 ,.." ("") Q ::0 o - o ~ W aa N - 72~7 PUBLIC TRANSPORTATION 04J07 Page 4 of 4 Financial Project No. 25222811407 Contract No. AOU27 Agreement Date ~UY)-C 2 <..0 ' 200Cf ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County dated ~ u.nt: 2.lo ,2.DlF1. DESCRIPTION OF SUPPLEMENT (Include justification for cost change): The additional project funding is for staff and consultant assistance for the Monroe County transportation planning program. Attached revised Exhibits A, B, C, and D are hereby made a part of this agreement. I. Project Cost: As Approved As Amended Net $417,000.00 $834,000.00 $417,000.00 Total Project Cost $417,000.00 $834,000.00 $417,000.00 I. Fund As Approved As Amended Net Department: $364,875.00 $729,750.00 $364,875.00 Agency: $52,125.00 $104,250.00 $52,125.00 $0.00 $0.00 $0.00 Total Project Cost $417,000.00 $834,000.00 $417,000.00 Comments: 725-030-07 PUBLIC TRANSPORTATION lW07 Additional Page III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY $0.00 FY $0,00 FY $0.00 FY $0,00 FY $0.00 FY $0,00 FY $0,00 FY $0,00 FY $0.00 FY $0.00 FY $0,00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0,00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JP A #1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Revised and Supp.lemented This exhibit forms an integral part, and supersedes previously incorporated Exhibit A, 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 June 27, 2007. Revised in accordance with Supplemental JPA #1, dated ~l lY"\~ '2 t D .2009. PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE OF SERVICES TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE 1. PURPOSE The purpose of this task is to provide funding assistance for a transportation planning consultant to support the Monroe County Planning Department staff. This support is for the purpose of maintaining the transportation planning program of the County, and to provide assistance for general transportation planning and analysis activities. This support will include plan updates, planning studies, traffic operational analyses, data collection, technical support, review of development proPosals, and any other activities necessary to support the transportation planning program of the County. 2. ACTIVITIES The transportation planning consultant will provide assistance to Monroe County Planning Department staff in the following areas: preparation of traffic impact reports; attendance at public meetings and hearings; site plan reviews for internal traffic flows and access; review of transportation elements, reports, or 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. This task may also include the annual US 1 travel time studies which monitor the level of service on US 1 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, 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. This task may also include any other studies necessary to support the transportation planning program of the County. Such studies may include bicycle and pedestrian planning and analysis; April ] 0, 2009 FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JP A #1 scenic highway planning, designation, and coordination activities; corridor studies and plans; review, or preparation of revisions to the land development regulations; development of transportation impact fee ordinances; evaluation of the traffic impact review process of the County; or the re-evaluation of the level of service methodology for US I. The Monroe County staff will administer the consultant contract, issue task work orders, review consultant products and progress reports, prepare invoices for submission to the Department, and participate in transportation planning, analysis, and data collection activities as necessary. 3. COST Plus supplemental aifeement funding: TOTAL TASK FUNDING AMOUNT: $215,000.00 $215.000.00 $430,000.00 TASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE 1. PllRPOSE The purpose of this task is to provide funding assistance for transportation planning staff positions to support the Monroe County Planning Department. The purpose of the staff funding is to provide personnel to manage and oversee the transportation planning program of the County. This program management and oversight will include coordination activities with the Department, and will also coordinate the transportation planning and analysis activities of the consultant. The transportation planning program will include plan updates, planning studies, traffic operational analyses, data collection, technical support, review of development proposals, and all other activities necessary to maintain a coordinated, comprehensive, and continuing transportation planning program for Monroe County. 2. ACTIVITIES A) PROJECT ADMINISTRATION: The transportation planning staffwill provide a variety of administrative tasks including, but not limited to the following: administer the consultant contract; participate in the consultant selection process; oversee the transportation planning consultant activities; issue task work orders; review consultant work products; review consultant progress reports, and prepare quarterly progress reports for the Department; meet with the Department's project manager quarterly; prepare invoices for submission to the Department (in a Department approved format); and generally manage the transportation planning program of the County. B) PLANNING PROGRAM MANGMENT: The transportation planning staff will provide management in the following areas: preparation of traffic impact reports; attendance at public meetings and hearings; site plan reviews for internal traffic flows and access; review of transportation elements, reports, or plans prepared by County staff in support of the comprehensive plan. This task may also include data collection, level of service April 10, 2009 FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JP A #1 analysis, and systems planning activities, including running the FSUTMS model, and other technical support. C) US 1 TRAVEL TIME ANALYSIS: Coordinate the annual US ltravel time studies which monitor the level of service on US 1 for concurrency management purposes pursuant to the Monroe County Comprehensive Plan. Manage all consultant activities for this task. D) TRANSPORTATION PLANNING AND ANALYSIS ACTIVITIES: This task may include any other studies necessary to support the transportation planning program of the County. Such studies may include bicycle and pedestrian planning and analysis; scenic highway planning, designation, and coordination activities; corridor studies and plans; review or development of land development regulations; development or administration of transportation impact fee ordinances; evaluation of the traffic impact review process of the County; or the re-evaluation of the level of service methodology for US 1. E) OTHER TRANSPORTATION RELATED ACTIVITIES: This position can respond to, and participate in, any other tasks or activities necessary to support the transportation planning program of the County. All related transportation planning activities will be documented in the quarterly progress reports to the Department. 3. COST Salary and Benefits: $65,000 x 1.40 = $91,000.00 annually x 2 years Travel, Materials, and Equipment Expenses: $10,000 annually x 2 years (Expenses must receive prior approval by the Department to be eligible for reimbursement. ) Plus supplemental agreement funding: TOTAL TASK FUNDING AMOUNT: $202,000.00 $202.000.00 $404,000.00 April 10, 2009 FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JP A #1 EXHIBIT "B" PROJECT COST AND BUDGET Revised and Supplemented This exhibit forms an integral part, and supersedes previously incorporated Exhibit B, of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County PJannin~ Department. 2798 Overseas Highway. Suite 410. Marathon. Florida. 33050-2227. dated June 27, 2007. Revised in accordance with Supplemental JPA #1, dated ~\LlY"\e 2lo . 2009. I. PROJECT BUDGET: Original JP A Amount Supplemental Agreement #1 $417,000.00 $417,000.00 TOTAL PROJECT COST: 5834,000.00 II. FUND PARTICIPATION: Maximum Federal Participation TOTAL PROJECT COST (75%) $625,500.00 (12.5%) $104,250.00 I (0%) $0.00 (0%) $0.00 (12.5%) $104,250.00 $834,000.00 Public Agency Participation In-Kind Cash Other Maximum Department Participation (DSF) April ] 0, 2009 FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JP A #1 EXHIBIT "e" (GENERAL) Revised and Supplemented This exhibit forms an integral part, and supersedes previously incorporated Exhibit C, 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. 33050-2227. dated June 27, 2007. Revised in accordance with Supplemental JPA #1, dated ~ uY"'~ 2tn . 2009. INVOICING, PROGRESS REPORTS AND MEETINGS In order to obtain payments, the Public 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. Meet quarterly with the Department to go over the progress report; and 3. 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 4. Comply with all applicable provisions of this Agreement. Pursuant to Section 4.00 of the Joint Participation Agreement, and Exhibit B, invoices will be reimbursed at a rate of 87.5% of the total cost of all eligible work activities. Pursuant to Section 22.00 of the Joint Participation Agreement, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. April 10, 2009 EXHIBIT 0 n5-030-06 PUBLIC TRANSPORTATION 04J06 FEDERAL and/or 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 applicabfe 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 'Nith 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 RESOURCES Federal Aaency FHWA Cataloa of Federal Domestic Assistance (Number & Title) 20.205, Highway Planning and Construction Amount $625,500 ComDliance Reauirements 1. Federal participation is 75%; State partidpation is 12.5%; Local partidpation is 12.5%. 2. In accordance with this JPA #AOU27, and Supplemental Agreement #1, induding revised Exhibits A, B, C, and D. 3. OBJECTIVES Federal-aid Highway Program: To assist State transportation agencies in the planning and development of an integrated, interconnected transportation system important to interstate commerce and travel by constructing and rehabilitating the National Highway System (NHS), including the Eisenhower Interstate System; and for transportation improvements to most other public roads; to provide aid for the repair of Federal-aid highways following disasters; to foster safe highway design; to replace or rehabilitate deficient or obsolete bridges; and to provide for other special purposes. This program also provides for the improvement of roads in Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and the Alaska Highway. The Federal Lands Highway Program (FLHP), as an adjunct to the Federal Aid Highway Program, provides assistance to the Federal Land Management Agencies (FLMAs) for Federally owned roads. It provides transportation engineering services for planning, design, construction, and rehabilitation of the highways and bridges providing access to federally owned lands. The Federal Lands Highway organization also provides training, technology, deployment, engineering services, and products to other customers. USES AND USE RESTRICTIONS Federal-aid highway funds are generally apportioned by statutory formulas to the States. They are generally restricted to roads open to the public and not functionally classified as rural minor collectors or local. Exceptions to this highway functional classification restriction include: planning and research activities; bridge, bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement activities; the recreational trails program (see program 20.219); safe routes to school, nonmotorized transportation, the FLHP, and public transportation improvement. The FLHP is not a grant program. For highway projects, funds may be used forenvironmental studies, engineering and design services, right-of-way FM# 25222811407 Contract AQU 27 Supplemental JPA #1 EXHIBIT D 72~ PUBLIC TRANSPORTATION 04~ AUDITS In accordance with the provisions ofOMB Circular No. A-I33 (Revised, June 27, 2003), Audits of States, Local Governments, and Nonprofit Organizations, nonfederal entities that expend financial assistance of $500,000 or more in Federal awards from all sources during their fiscal year must have a single or a program- specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-I33. STATE RESOURCES State Aaen~y FOOT ComDliance Reauirements Cataloa of State Financial Assistance (Number & Title) 55.023, State Highway Project Reimbursement Amount $104,250 1. Federal participation is 75%; State participation is 12.5%; Local participation is 12.5%. 2. In accordance with this JPA #AOU27, and Supplemental Agreement #1, induding revised Exhibits A, B, C, and D. 3. CSFA Number: State Project Title: Agency: Program ObJectives: Program Procedures: Compliance Requirement: Activities Allowed: Allowable Costs: Cash Management: Eligibility: Equipment I Real Property Management: Matching: Period of Availability: Reporting: FM# 25222811407 55.023 State Highway Project Reimbursement Department of Transportation To reimburse counties or municipalities for expenditures made on projects on the State Highway System. The Department enters into an agreement with the county or municipality identifying the project scope of services, eligible project costs and the project schedule. Project costs must be incurred subsequent to agreement execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision). Identified in the contract document up to a lump sum or maximum limiting amount. Not applicable. Project must be on the State Highway System. Not applicable. Not applicable. State Ascal Year: July 1 to June 30. The contract must be executed during the fiscal year for which state funds are programmed. Once committed, the funds certify forward across fiscal years for the life of the contract. Project costs are reviewed and approved upon receipt of an Contract AOU27 Supplemental JPA #1 EXHIBIT D 725-030-08 PUBLIC TRANSPORTATION 00W8 acquisition and relocation assistance, and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functiona~ geometric, or safety reasons. Funds may also be used for planning; research, development, and technology transfer; intelligent transportation systems projects; roadside beautification; wetland and natural habitat mitigation, traffic management and control improvements; improvements necessary to accommodate other transportation modes, development and establishment of transportation management systems; billboard removal; construction of bicycle facilities and pedestrian walkways; fringe and corridor parking; car pool and van pool projects; transportation enhancements such as scenic and historic highway improvements; and recreational trails. Funds generally cannot be used for routine highway operational activities, such as police patrols, mowing, snow plowing, or maintenance, unless it is preventative maintenance. Also, funds authorized for the NHS, Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Equity Bonus (BE) program, and some additional programs may be used for mass transportation improvements; CMAQ funds are limited to projects and programs in air quality, non-attainment and maintenance areas for ozone, carbon monoxide, and small particulate matter that reduce transportation related emissions. Eligibility criteria for the programs differ, so program guidance should be consulted. Projects in urban areas of 50,000 or more population must be based on a transportation planning process carried out by a Metropolitan Planning Organization (MPO) in cooperation with the State and transit operators, and the projects must be included in metropolitan transportation plans and improvement programs. Projects in non-metropolitan areas of a State must be consistent with a statewide transportation plan. Projects in both metropolitan and non-metropolitan areas must also be included in a fiscaJly constrained Statewide Transportation Improvement Program (STIP) developed as part of the required statewide transportation planning process. The FHW A and the Federal Transit Administration (FT A) must approve the STIP jointly. APPLICANT ELIGIBILITY By law, the Federal-aid highway program is a federally assisted State program that requires each State to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State transportation departments (State OOTs). Projects to be funded under the Federal-aid highway program are generally selected by State DOTs or MPOs, in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other Federal aid highway projects, with the territorial transportation agency functioning in a manner similar to a State transportation department. Most FLHP projects are administered by the FHW A Office of Federal Lands Highway and its Divisions or by the various FLMAs. Under the FLHP, projects in the Indian Reservation Road (lRR) Program are selected by Tribal governments and are approved by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration. Due to recent legislation, Tribal governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHW A. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the Federal Highway Administration jointly select projects. FORMULA AND MATCHING REQUIREMENTS Most Federal-aid highway funds are distributed by statutory formula. Eligibility requirements for most programs are also determined by legislative criteria. Some categories, including part of the bridge and Interstate Maintenance funds, are distributed on a discretionary basis. The normal maximum Federal share is 90 percent for the EIS projects, and 80 percent for most other projects. The Federal share for some programs may be increased in the case of States with large areas of Federal lands. Some projects, including territorial highway projects, FUIP projects, certain safety improvements, and emergency relief projects require no matching of Federal funds. FM# 25222811407 Contract AOU27 Supplemental JPA #1 EXHIBIT 0 725-030-08 PUBUC TRANSPORTATION 04Q3 Subreclplent Monitoring: invoice from the county of municipality. The county or municipality is responsible for monitoring to work of subrecipients. Subrecipient invoices are reviewed, verified and paid by the county of municipality. County or municipality invoices are then reviewed and approved for payment by FOOT. Subrecipients do not invoice FOOT directly. Matchino Resources for Federal Proarams Federal Aaen~y n/a Cataloa of Federal Domestic Assistance (Number & TiU~) nla Amount ComDiiance Reauirements n/a 1. 2. 3. NOTE: Sec:tlon .4OO(d) of OMB Circular A-133, as nwlsed, and Section 215.97(5)(a), Florida statutes, require that the InfonnatJon about Federal Programs and State ProJectlIlncluded In this exhibit be provided to the recipient FM# 25222811407 Contract AOU27 Supplemental JPA #1