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2nd Supplement 07/15/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: August 5, 2009 TO: Andrew Trivette, Director Growth Management Division ATTN: FROM: Mayra Tezanos Executive Assista~ Pamela G. Hanc~.C. At the July 15, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Supplemental Joint Participation Agreement (JPS) No. 2 between Monroe County and the Florida Department of Transportation (FDOT) for Contract Number AN082 to fund Transportation Planner position (including BicyclelPedestrian Program Coordination), and extending the term of the IPS from September 1,2009 to December 21,2010. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original". At the same meeting the Board granted approval of a letter by the Monroe County Board of County Commissioners to be sent to Michael W. Sole . Secretary of the Florida Department of Environmental Protection (FDEP) requesting they reconsider its current criteria for the Small Community Wastewater Construction Grants Program (SCWCGP), specifically the criteria for "disadvantaged communities" to enable Monroe County to apply. Enclosed is the origina/letter for you to forward to the Secretary FDEP. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance File STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 04/07 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page I of 4 Number 2 Financial Project No: Fund: D FLAIR Category: 088854 25207711401 Function: 615 Object Code: 730015 (item-segment-phase-sequence) Federal No.: Org. Code: 55062010630 Contract No.: AN082 DUNS No.: 80-939-7102 Vendor No: 596000749054 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55.023 __ 0 44- THIS AGREEMENT, made and entered into this 2 O day of 41 U S-1— 2001, 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 _ 2798 Overseas Highway, Suite 410, Marathon, Florida 33050 _ hereinafter referred to as Agency. WITNESSETH : WHEREAS, the Department and the Agency heretofore on the 3rd day of November ,2004 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 WHEREAS,the Department desires to participate in all eligible items for this project as outlined in Attachment "A"for a total Department Share of$300,000.00 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 in accordance with revised Exhibits A, B, C, and D attached, and forming an integral part of this Supplemental JPA number two. pi Q i--: w _ ) ••-_ CC 'Q Ur=::? GCC U r� co 'J U— U.2 G.. YCr_JC7 U_1 �C) J Q < C:) Gl Li-. N 725..()30.01 PUBLIC TRANSPORTATION 04107 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is Increased/decreased by $0.00 , bringing the revised total cost of the project to $ 300,000,00 Paragraph 4.00 of said Agreement is increased/decreased by $0.00 bringing the Department's revised total cost of the project to $ 300,000.00 3.00 Amended Exhibits: Exhibit(s) At B, and C of said Agreement is amended by Attachment "A", 4.00 Contract Time: Paragraph 18.00 of said Agreement December 31st .2010 726430-07 PUBLIC TRANSPORTATION 04107 Page 301 4 Financial Project No. 25207711401 Contract No. AN 082 Agreement Date ~j :} B ~ 2t::>o t:t Except as hereby modified. amended or changed. all other terms of said Agreement dated November 3rd 2004 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT eugen~ SIGNATORY (PRINTED OR TYPED) See attached Encumbrance Form for date of Funding Approval by Comptrolle CLh LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE ft4~A- DEPARTMENT OF TRANSPORTATION July 15, 2009 TIne TITLE 12-c of 7/,vpt<Q tlev ~ :r: 725-030-07 PUBUC TRANSPORTATION 04107 Page 4 of4 Financial Project No. 25207711401 Contract No. AN082 Agreement Date Auta 1 BI4 200'1 ATTACHMENT itA" 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 2798 Overseas Highway, Suite 410. Marathon, Florida 33050 dated.Avcj .l.~ It~C;. DESCRIPTION OF SUPPLEMENT (Include justification for cost change): I. Project Cost: Total Project Cost As Approved As Amended Net $300,000.00 $300,000.00 $0.00 $300,000.00 $300,000.00 $0.00 As Approved As Amended Net $300,000.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 $300.000.00 $0.00 I. Fund Department: Agency: Total Project Cost Comments: Revised and updated Exhibits A. B. C. and 0 are attached and form an integral part of this Supplemental JPA. 125-O3().()7 PUBliC TRANSPORTATION 04107 Adddonal Page III. MULTI-YEAR OR PREQUAllFIED PROJECT FUNDING If a project is a multi-year or prequallfled 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 SO.OO 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#252077 -1-14-01 Contract # AN-082 EXHIBIT" A" PROJECT DESCRIPTION AND RESPONSIBILITIES Revised 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 COWlty Planning Department.. 2798 Overseas Highway. Suite 410. Marathon. Florida. 33050-2227, originally dated November 3, 200~and Supplemental JPA #1, dated October 24,2007, and Supplemental JPA #2, dated 1Jl1j\J \. .,. :J w-r.-, , 2009. PROJECT LOCATION: Momoe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE OF SERVICES TASK 1: TRANSPORTATION PLANNING STAFF ASSISTANCE 1. PURPOSE The purpose of this task is to provide funding assistance for transportation planning staff position 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 County's transportation 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 staff will 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 staffwill 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 analysis, and systems planning activities, including running the FSUTMS model, and other technical support. June 17, 2009 Page 1 FM#252077-1-14-01 Contract # AN-082 C) TRANSPORTATION PLANNING AND ANSL YSIS 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; coordination efforts related to the Florida Keys Overseas Heritage Trail; 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; 8IUlual US 1 travel time and delay analysis; or the re-evaluation of the level of service methodology for US 1. D) 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, Up to a total amount of: $296,000 Travel, Materials, and Equipment Expenses: $4,000 (Expenses must receive prior approval by the Department to be eligible for reimbursement.) TOTAL FUNDING AMOUNT: $300,000.00 June 17, 2009 Page 2 FM#252077 ..1..14-01 Contract # AN-082 EXHIBIT "B" ESTIMATED ANNUAL PROJECT COST AND BUDGET Supplemented 10/24/07 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. 33050-2227, originally dated November 3, 20Jj, and Supplemental JPA #1, dated October 24, 2007, and Supplemental JP A #2, dated /J.J-J c..> I f :z R , 2009. I. PROJECT BUDGET: Salary: Original AmoWlt Supplement # 1 $148,000.00 $148,000.00 Travel Expenses: Original Amount Supplement # 1 S 2,000.00 $ 2,000.00 TOT AL PROJECT COST: $300,000.00 II. FUND P ARTICIP A TION: Maximum Federal Participation (0%) or $0.00 Public Agency Participation In-Kind (0%) $0.00 Cash (0%) $0.00 Other (0%) $0.00 Maximum Department Participation, Primary (D) (100% or $300,000.00 Federal Reimbursable (DU) (FRA) (DFTA) (0%) or $0.00 Local Reimbursable (DL) (0%) or $0.00 TOTAL PROJECT COST 5300,000.00 June 17, 2009 Page 3 FM#252077 -1-14-01 Contract # AN-082 EXHIBIT "e" GENERAL Revised 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. 33050-2227, originally dated ovember 3, 2004, and Supplemental JPA #1, dated October 24, 2007, and Supplemental JPA #2, dated ,,{~ 2 , 2009. INVOICING AND PROGRESS REPORTS In order to obtain any 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 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice.. June 171 2009 Page 4 EXHIBIT D 725-030..()6 PUBLIC TRANSPORTATION 04106 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 programJ 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 RESOURCES Federal Aaencv N/A Calaloo of Federal Domestic Assistance (Number & Title) Amount ComDliance Reauirements 1. NI A 2. 3. STATE RESOURCES State Aaencv FOOT Cataloa of State Financial Assistance (Number & Titlel 55.023, State Highway Project Reimbursement Amount $300,000 ComDliance Reauirements 1. State participation is 100%. 2. In accordance with JPA #AN-082, and Supplemental Agreement #1 and 2t incfuding revised Exhibits A. B, C, and D. 3. CSFA Number: State Project Title: Agency: Program ObJectives: Program Procedures: 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. Compliance Requirement: Actlvltl.. Allowed: Project costs must be incurred subsequent to agreement FM#l25207711401 Contract AN-082 Supplemental JPA #2 Allowable Costs: Cash Management: Eligibility: Equipment I Real Property Management: Matching: Period of Availability: Reporting: Subreclplent Monitoring: EXHIBIT D 125-03().()6 PUBLIC TRANSPORTATION 04J06 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 Fiscal 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 Invoice from the county of municipality_ The county or municipality Is responsible for monitoring to work of 5ubreclplents. 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. Matchina Resources for Federal Proarams Federal Aaency N/A ComDliance Reauirements Calalea of Federal Domestic Assistance (Number & Title) Amount 1. N/A 2. 3. NOTE: Section .400(d) of OMS Circular A~133. a8 revised, and Section 215.97(5)(a). Florida Statutes, require that the Information about Federal Programs and State Projects Included In this exhibit be provided to the recipient. FM# 25207711401 Contract AN-082 Supplemental JPA #2