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I. Growth Management
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15, 2010 Division: Growth Management Bulk Item: Yes X No _ Department: Marine Resources Office Staff Contact: Richard Jones (305) 289-2517 AGENDA ITEM WORDING: Approval of an Inter -Local Agreement (ILA) between Monroe County and the City of Marathon (City) reimbursing the City in the amount of $37,442.00 from County Boating Improvement Funds for costs previously incurred for mooring inspections, maintenance, and required water quality testing in association with the City mooring field during the past fiscal year. ITEM BACKGROUND: The Marine Resources Office routinely provides funding assistance to the various municipalities for boating related projects utilizing County Boating Improvement Funds. The City is requesting funding assistance in the form of reimbursement for mooring inspections and maintenance, and required water quality testing. The improvements have already been made and are eligible expenditures of Boating Improvement Funds as described under Florida Statute Chapter 328.72. PREVIOUS RELEVANT BOCC ACTION: August 2008- ILA with the City reimbursing the City for boating related expenditures, including vessel wastewater haul -out costs and disposal of a boat and trailer in the amount of $17,243.30. September 2009- ILA with the City reimbursing the City for boating related expenditures, including construction of a boarding dock and installation of rip rap at the Quay Boat Ramp in the amount of $22,400.00. November 2009- ILA with the City reimbursing the City for boating related expenditures, including mooring inspections and maintenance in the amount of $29,832. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $37,442.00 INDIRECT COST: UDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: $37,442.00 SOURCE OF FUNDS: BIF 157-62520-530340 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Marathon. Contract # Effective Date: 12/15/2010 Expiration Date: n/a Contract Purpose/Description: Approval of an Inter -Local Agreement ILA) between Monroe County and the City of Marathon(City) reimbursing the City in the amount of $37,442.00 from Boating Im rovement Funds for costs previously incurred for mooring inspections, maintenance, and required water quality testing in association with the City mooring field during the past fiscal year. Contract Manager: Richard Jones 2805 Growth Management/1 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 12/15/2010 Agenda Deadline: 11/30/2010 CONTRACT COSTS Total Dollar Value of Contract: $ 37,442.00 Current Year Portion: $ 37,442.00 Budgeted? Yes® No ❑ Account Codes: 157-62520-530340- - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc CONTRACT REVIEW Changes Date In Needed Division Director Yes❑ No® Risk Manage ent Yes❑ NoE f O.M.B./Purc asmg 1- _ b Yes❑ No County Attorney IL- 310 Yes❑ No[" I Comments: Limb corm xevlsea 1il iN1 mcii #1 Date Out INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into as of this day of , 2010, between Monroe County, a political subdivision of the State of Florida (COUNTY) and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida (CITY). WITNESSETH: WHEREAS, the COUNTY routinely uses Boating Improvement Funds for recreational boating related projects within the various municipalities; and WHEREAS, the CITY is requesting that the COUNTY provide reimbursement in the amount of $37,442.00 from Boating Improvement Funds for costs previously incurred by the City for mooring inspections, maintenance and required water quality testing during the past fiscal year in association with the CITY mooring field; and WHEREAS, the above expenditures are qualified expenditures from the Boating Improvement Fund; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed between the COUNTY and the CITY as follows: Section 1. Payment. The COUNTY agrees to reimburse the CITY for previously incurred costs as follows: 1.1 Payment in the amount of $37,442.00 for work performed including scheduled mooring inspections and routine maintenance at a cost of $29,832.00, and required water quality testing in association with the City mooring field at a cost of $7,610.00. 1.2 To receive payment, the CITY shall submit all requests for payment and applicable invoices to the Senior Administrator of the COUNTY's Marine Resources Office. The invoices must describe the services performed, together with proof that payment has been made to the CITY'S contractor(s). All documentation shall be forwarded to the County Clerk for payment. Any other documentation requested by the Clerk shall be provided. 1.3 By submitting a request for payment CITY represents that it has complied with all of its purchasing requirements. Section 2. Term. 2.1 This Agreement shall become effective upon execution by both parties. 2.2 If such Notice of Termination as specified in Section 3 is given, this Agreement shall terminate within five (5) days thereof. Section 3. Termination and Default. 3.1 In the event of any failure of compliance by either party hereto with any of its material obligations to the other party as provided for herein such action shall constitute a default under this Agreement. 3.2 Upon any such default, the non -defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (Default Notice) shall state in reasonable detail the actions the defaulting party must take to cure the same. 3.3 The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. 3.4 Notwithstanding the provisions of this Section, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non -defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 3.5 In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in default hereunder, and the non -defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 3.6 If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. Section 4. Indemnification. 4.1 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the CITY does hereby agree to defend, indemnify and hold the COUNTY, its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the CITY in connection with this Agreement. This provision shall survive the expiration or earlier termination of this Agreement. p Section 5. Notices. 5.1 All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to Comm: Roman Gastesi, Jr. County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 With a copy to: Suzanne Hutton, Esq. Monroe County Attorneys Office P.O. Box 1026 Key West, Florida 33041-1026 If to City: Roger Hernstadt City Manager City of Marathon 9805 Overseas Highway Marathon, Fl 33050 With a copy to: John Herin, Esq. City Attorney Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service. Section 6. Regulatory Powers. 6.1 Nothing contained herein shall be construed as waiving either parry's regulatory approval or enforcement rights or obligations as it may relate to regulations of general applicability, which may govern the Agreement. 6.2 Nothing herein shall be deemed to create an affirmative duty of either party to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with ordinances, rules and regulations, federal laws and regulations and state laws and regulations. 19 Section 7. Attorneys Fees and Waiver of Jury Trial. 7.1 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 7.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jm'y. Section 8. Governing Law. 8.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation arising out of this Agreement shall be in the 16th Judicial Circuit in and for Monroe County, Florida. This Agreement is not subject to arbitration. Section 9. Entire Agreement/Modification/Amendment. 9.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 9.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. Section 10. Access to Records and Audits. 10.1 CITY shall keep such records as are necessary to document the performance of the Agreement and expenses as incurred, and give access to these records at the request of COUNTY, the State of Florida, the Federal Government, or authorized agents and representatives of said government bodies. CITY shall also provide access to the personal property reports, permits, and equipment purchased or utilized under this Agreement. It is the responsibility of CITY to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. Records shall be kept for a period of five (5) years following execution of this Agreement. CITY understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. COUNTY shall bill CITY for the amount of the audit exception and CITY shall promptly repay any audit exception. However, COUNTY warrants and represents that it has full authority to fund the Project under the terms and conditions specified herein. The COUNTY and CITY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CITY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CITY. 10.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the CITY's subcontractor, to allow access by the County Administrator or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 10.3 The term Records shall refer to any documents, books, data (electronic or hard copy), papers and financial records that result from the CITY or its subcontractors performance of the Services provided in this Agreement. 10.4 If the inspection or audit discloses that COUNTY funds paid to the CITY under this Agreement were used for a purpose not authorized by this Agreement, then the CITY must refund the funds improperly spent with interest calculated pursuant to Section 55.03, Florida Statutes, with interest running from the date the COUNTY paid the improperly spent funds to the CITY. This paragraph will survive the termination of this Agreement. Section 11. Nonassignability. 11.1 This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. Section 12. Severability. 12.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Section 13. Independent Contractor. 13.1 The CITY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the COUNTY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. W Section 14. Waiver. 14.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. Section 15. Funding. 15.1 The parties agree that the COUNTY's responsibility under this Agreement is to provide funding only. Section 16. Survival of Provisions. 16.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. Section 17. Counterparts. 17.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] �i IN WITNESS WHEREOF, the parties hereto have executed this agreement below. (SEAL) ATTEST: ATTEST: Diane Clavier City Clerk (City Seal) BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA M. DANNY L. KOLHAGE, CLERK Deputy Clerk APPROVED AS TO 1 AND RELIANCE dbF M. John City [ AND LEG CITY OF N • Mayor/Chairperson APPROVED AS TO FORM AND LEGAL SUFFICIENCY AssistaAcounty Attorney THE CITY OF MARATHON, FLORIDA �WJ RogefT. Heijrnstadt, City Manager Date: Y FOR THE USE THON, FLORIDA ONLY: 0 hi BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15, 2010 Division: Growth Management Bulk Item: Yes x No _ Department Planning and Environmental Resources Staff Contact Person/Phone #: Trish Smith (305) 304-0412 AGENDA ITEM WORDING: Approval of Supplemental Joint Participation Agreement (JPA) No.3 with the Florida Department of Transportation (FDOT) for Contract #AN082 to extend the term of the general transportation planning support assistance JPA from December 31, 2010 to December 31, 2011. ITEM BACKGROUND: Since 2004, FDOT has provided funding to Monroe County for a bicycle/pedestrian coordinator/transportation planner position. This position is housed within the Planning and Environmental Resources Department and is funded at 100% by the FDOT. IN 2007, FDOT allocated $150,000 in additional funds for a total of $300,000. The current JPA balance is $109,541.04. PREVIOUS RELEVANT BOCC ACTION: September 21, 2004 — Approval of FDOT Joint Participation Agreement (JPA) #AN082 for the Monroe County Transportation Planning Program providing funding of $150,000 for the Bicycle/Pedestrian Coordinator position. September 19, 2007 - Approval of Supplemental JPA No. 1, Contract #AN082 providing additional funding of $150,000 and extending the JPA expiration date to September 1, 2009. July 15, 2009 - Approval of Supplemental Joint Participation Agreement (JPA) No.2 with the Florida Department of Transportation (FDOT) for Contract #AN082 to fund Transportation Planner position (including Bicycle/Pedestrian Program Coordination), and extending the term of the JPA from September 1, 2009, to December 31, 2010. CONTRACT/AGREEMENT CHANGES: Public Transportation Supplemental Joint Participation Agreement #3 of Contract #ANO-82 changing the expiration date of the contract from December 31, 2010 to December 31, 2011. STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 INDIRECT COST: 0 BUDGETED: Yes No _ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: 0 SOURCE OF FUNDS: FDOT JPA #ANO-82 REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing x Risk Management _x_ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 3 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 1 of 4 Financial Project No.: Fund: D FLAIR Category: 088854 25207711401 Function: 615 Object Code: 730015 (Rem -segment -phase -sequence) Federal No.: Org. Code: 55062010630 Contract No.: ANO-82 DUNS No.: _ Vendor No.: 596000749054 Catalog of Federal Domestic Assistance Number. Catalog of State Financial Assistance Number: 55.023 THIS AGREEMENT, made and entered into this day of 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, FL 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 No changes to Exhibits A, B, C and D. This is a time extension only, to December 31, 2011. 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) 4.00 Contract Time: 72"30-07 PUBLIC TRANSPORTATION 04/07 Page 2 of 4 of said Agreement is amended by Attachment "A". Paragraph 18.00 of said Agreement December 31st 2011 72"30-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 Financial Project No. 25207711401 Contract No. ANO-82 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated November and any subsequent supplements shall remain in full force and effect. 3rd 2004 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Monroe County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE PMANAKS �• ' e' M. FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE 72"30.07 PUBLIC TRANSPORTATION 04M7 Page 4 of 4 Financial Project No. 25207711401 Contract No. ANO-82 Agreement Date 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 2798 Overseas Highway, Suite 410, Marathon, FL 33050 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): I. Project Cost: As Approved As Amended Net $300,000.00 $300,000.00 $0.00 Total Project Cost $300,000.00 $300,000.00 $0.00 I. Fund As Approved As Amended Net Department: $300,000.00 $300,000.00 $0.00 Agency; $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $300,000.00 $300,000.00 $0.00 Comments: 725-030-07 PUBLIC TRANSPORTATION 0a107 AdddbnW Page III. MULTI -YEAR OR DEFERRED REIMBURSEMENT 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. UCK,64ouP-L) Financial Project No.. Fund: DDD i-LAIR Approp.: 088854 25207711401 FLAIR Obl._ 790052 (Item -segment -phase -sequence) Function: 615 Org Code: 55062010630 Contract No.: AN082 Federal No.: Vendor No.: 596000749054 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: THIS AGREEMENT, made and entered into this A day of /VOflevn k.e r— 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 Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 334.044(21) 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 Aqreement is This contract provides 100% funding to Monroe County for the position of Bicycle/Pedestrian Coordinator. and as further described in Exhibit(s) A,B,C attached hereto and by this reference made a part hereof, hereinafter referred to as the protect, and to prove a epartmental 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. 725-030.06 PUBLIC TRANSPORTATION 06/03 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 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 of the project is $ 150,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 150,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project 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 scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is 0 is not applicable. if applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 is @ is not applicable. If applicable, 100 percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725.030-06 PUBLIC TRANSPORTATION 06/03 Page 3 of 12 6.10 The Project 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 paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred 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 available 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 "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by 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 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: 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 requirements 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 other state official. .• I IP TAFI(M 06 09 aue J " r 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in Its fiscal year, the Agency must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133. 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. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non -Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller. and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shalt be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from non -State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, F.S., and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable 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 plans. 725-030-06 PUBLIC TRANSPORTATION 06/03 Pape 5 of 12 7.70 Insurance: Execution of this Joint Participation 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 loss or damage due to any accident or casualty 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 runways the Department may waive or modify this section with an Exhibit "Cu. 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, Miami FL FL, 33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (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 shall 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; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) 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 all 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 the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: 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 litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires 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 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: 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. 725-030-06 PUBUC TRANSPORTATION 06/03 Pape 6 of 12 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. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services 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 paragraphs 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 include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the 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 the 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 Remission 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 authorized 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 paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 !'!!RLIC TRANSPORTATION 0&03 Pape 7 al 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or 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 Disadvantaged 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 the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without 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 pay or other forms. of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development 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 Title 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 federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725.030-06 PUBLIC TRANSPORTATION M03 Paqe 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shalt insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous 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 Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department 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 remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. -25-030.06 PUBLIC TRANSPORTATION 0603 Pape 9 of 12 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 Agency 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 develop 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 useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 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 disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 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 whether 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 constructing 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 paragraph 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 adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-030-06 PUBLIC TRANSPORTATION 0603 Pape 10 of 12 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. 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 or 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 12/31/2006 . 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 District Secretary, District Six . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 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 the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution 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 or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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, grant, 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 employee 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 included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 725-030.06 PUBLIC TRANSPORTATION 06103 Pape 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 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 separate 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 include 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: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "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 date 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. „ u ... PUBLIC TRANSPO I A; 1. Financial Project No. 25207711401 Contract No. AN082 Agreement Date //-3-0y IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Monroe County AGENCY NAME SIGNATORY (PRINYED OR TYPED) 4 Z)!�Zr - IGNATURE ioAYo�_ - P k 0 TLM TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller OF Gary Don, P.E=. Director of Planning TITLE a (SEAL) f CLERK The job F1913RPR: user I.D. To PL630KJ@dot.state.fi.us F1913RP<MVS4PDOT�- cc 08/10/2004 03:00 PM bcc Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AN082 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ANO82 Contract Type: AI Method of Procurement: G Vendor Name: MONROE COUNTY PLANNING DEPT Vendor ID: VF596000749054 Beginning date of this Agmt: 01/01/05 Ending date of this Agmt: 12/31/06 Description: Provide funding for the Monroe County Bike/Pedestrian Planne r ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS *+*++++++*+++++++++++++*++*++*+++++**++++++++++++*+++++++++++++++++*+++* Action: ORIGINAL Funds have been: APPROVED 55 062010630 *TP *730015 * 150000.00 *25207711401 *615 2005 *55100100 *088854/05 0001 *00 * *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 150,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/10/2004 FM#252077-1-14-01 Contract # AN-082 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhIhit IOrms an integral part of that certain Joint Participation Agreement between the State of Florida, Department cal Transportation and the Monroe County Planning Department, 2798 Overseas Highway, Suite 410 Marathon. Florida. 33050-2227, dated 1I -3 —2t7yy PROJECT I.00ATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Bicycle/Pedestrian Coordinator This contract provides 100% funding to Monroe County for the position of Bicycle/Pedestrian Coordinator. SCOPE OF SERVICES Task 1: Coordinate efforts related to the Overseas Heritage Trail. 35% Activities: • Attend Department of Environmental Protection -led Community workshops and meetings • Provide technical assistance to DEP and FDOT • Coordinate among DEP, Monroe County and FDOT • Coordinate with Monroe County Public Works • Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail Task 2: Coordinate programmatic and procedural aspects of a bicyclelpedestrian, transportation planning program with the Growth Management Division and the Florida Department of Transportation. 30% Activities: • Field review citizen complaints and resolve design issues on State facilities as requested by FDOT • Coordinate project development activities with FDOT and other agencies. • Attend and hold scoping meetings with Monroe County, other local agencies and FDOT • Coordinate review and ranking of transportation enhancement applications • Coordinate with other municipalities on their activities related to bicycle/pedestrian planning, programming, outreach and education • Assist the Growth Management Division with the monitoring of various transportation projects. • Coordinate update of the Long Range Transportation Plan • Review various community plans for inclusion into FDOT work program. • Disseminate information regarding FDOT work program and other special projects to appropriate local officials and agencies. • Provide review of FDOT work program for consistency with local comprehensive plan. • Review proposed comprehensive plan amendments for consistency with FDOT work program. • Act as primary contact to FDOT for transportation planning issues. • Write Requests for Proposals (RFPs) for consultant services for transportation planning projects • Coordinate consultant selection process -1- F Mtr252077-1-14-01 Contract # AN-082 • Provide regular updates to FDOT on transportation planning projects • Coordinate with FDOT on review of right-of-way issues • At the request of FDOT, prepare agenda item for public presentation before the Board of County Commissioners Task 3: Provide leadership related to bicycle/pedestrian planning fur the Livable CommuniKeys Program (LCP). 25 % Activities: • Develop strategies including partnerships, projects and program in concert with the LCP • Disseminate information related to bicycle/pedestrian needs and opportunities. • Manage/oversee consultant work related to bicycle/pedestrian planning and design • Prepare bicycle/pedestrian elements of community master plans, make amendments to comprehensive plan and land development regulations • Review bicycle/pedestrian/ADA project proposals on the State and or local roadway system for technical, policy, and cost feasibility and determine acceptability to local governments and citizens • Lead project development activities in Monroe County's communities. • Provide technical assistance to community groups and organizations. Task 4: Provide leadership related to the Florida Keys Scenic Highway. 10% Activities: • Supervise the Florida Keys Scenic Highway Coordinator. • Attend Florida Keys Scenic Highway Advisory Group workshops and meetings. • Assist with implementation and completion of the Florida Keys Scenic Highways Interpretive/masterPlan M FM#252077-1-14-01 Contract # AN-082 EXHIBIT "B" ESTIMATED ANNUAL PROJECT COST AND 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 Department 2798 Overseas Highway, Suite 410 Marathon, Florida, 33050-2227, dated I -' — Aco 1. ESTIMATED PROJECT BUDGET: $ 148,000.00 Salary Travel Expenses $ 2,000.00 ESTIMATED TOTAL PROJECT COST: II. FUND PARTICIPATION: Maximum Federal Participation Public Agency Participation In -Kind Cash Other $ 150,000.00 (0%) or $0.00 (0%) $0.00 (0%) $0.00 (0%) $0.00 Maximum Department Participation, Primary (D) (100% or $150,000.00 Federal Reimbursable (DU)(FRA)(DFTA) (0%) or $0.00 Local Reimbursable (DL) (0%) or $0.00 TOTAL PROJECT COST ! $150,000.00 FM#252077-1-14-01 Contract # AN-082 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. 33050-2227, dated // - 3 - . o o g/ . 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. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such otherdata 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. -4- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 1 of 4 Financial Project No.: Fund: D FLAIR Approp.: 088854 25207711401 Function: 615 FLAIR Obj.: 730015 I em-segment-p ase-sequence Federal No.: Org. Code: 55062010630 Contract No.: AN082 DUNS No.: Vendor No.: 596000749054 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: THIS AGREEMENT, made and entered into this 2.ql" day of '9' k 6Qr zdo'7 , 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 Coun 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 12004 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 This contract provides 100% funding to Monroe County for the position of the Bicycle/Pedestrian Coordinator. I H6R10Y CER7Vy that this is a "e copy of the o}}�nal riled in this office on the -'day ofber A.D.. 4C Sy: 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $150,000.00 bringing the revised total cost of the project to $ 300.000.00 Paragraph 4.00 of said Agreement is increased by $150,000.00 bringing the Department's revised total cost of the project to $ 300,000.00 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 2 of 4 of said Agreement is amended by Attachment "A". Paragraph 18.00 of said Agreement September 1st 12009 r "E"'BY tC"I 9Tui' that this is s Due COPY ofNOW fileud ' hi office on the NY of A.D. BY. Financial Project No. Contract No. AN082 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 25207711401 Agreement Date / v — Z Y---�7 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 Monroe County AGENCY NAME Mario DiGennari SIGN ORY (PRINTED OR TYPED) r SI ATURE FOOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORT ION OEPARTMEN F TRANSPORTA ON Mayor/Chairman DS-e0-"tm TITLE TITLE September 19, 2007 -13 MONROE COUNTY ATTORNEY A ROVED AS TO R YNr IA L. - ALI_ ASSISTANT COUNTY ATTORNEY Date 4i - et'3 " 0 -f cum t IIF-REBY CERTIFY the this is a true copy of the original filed i this office on thety� r A. B. Financial Project No. Contract No. AN082 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT 725430-07 PUBLIC TRANSPORTATION 04107 Page 4 of 4 25207711401 " -Z.(- U-7 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 to - L 4-4 1 . DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Contract is being supplemented by $150,000 which will be used to pay the salary for the Monroe County BikelPed coordinator through September 1, 2009. 1. Project Cost: As Approved As Amended Net $150,000.00 $300,000.00 $150,000.00 Total Project Cost $150,000.00 $300,000.00 $150,000.00 1. Fund As Approved As Amended Net Department: $150,000.00 $300,000.00 $150,000.00 Agency: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $150,000.00 $300,000.00 $150,000.00 Comments 1 HEREBY CERTIFY that this is a true copy of the original riled in this office on the o day of A.D. FU By; 725-030-07 PUBLIC TRANSPORTATION 04/07 Additional Page III. MULTI -YEAR OR PREQUALIFIED 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. ! R EMY CERTIFY that this is a nue copy of the 1 filed in is office on the Wy O k:,- A.D. By: FM#252077-1-14-01 Contract # AN082 EXHIBIT "B" ESTIMATED ANNUAL PROJECT COST AND 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 Department 2798 Overseas Highway Suite 410, Marathon, Florida, 3 3050-2227 dated j 0 — t 1—y7 I. ESTIMATED PROJECT BUDGET: Salary: Original Amount $148,000.00 Supplement #1 $148,000.00 Travel Expenses: Original Amount $ 2,000.00 Supplement #1 $ 2,000.00 ESTIMATED TOTAL PROJECT COST: $300,000.00 II. FUND PARTICIPATION: 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 $300,000.00 I HEREBY CERTIFY that this is a tn,e copy of the g�j}}g�iaal filed i this office on the ay'" lday off A.D. �0�— The job F1989HLR; user I.D. To PL630KJ@dot.state.fl.us F1989HL <MVS@DOT> cc 08/03/2007 02:39 PM bcc Subject FUNDS APPROVAL/REVIEWED FOR CONTRACT AN082 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #ANO82 Contract Type: AI Method of Procurement: G Vendor Name: MONROE COUNTY Vendor ID: VF596000749054 Beginning date of this Agmt: 10/11/04 Ending date of this Agmt: 09/01/09 Contract Total/Budgetary Ceiling: ct = $300,000.00 ************************************************************************ Description: Provide funding for the Monroe County Bike/Pedestrian Planne r ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 062010630 *TP *730015 * 150000.00 *25207711401 *615 2008 *55100100 *088854/08 5001 *00 * 1 *0002/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 150,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/03/2007 1 HEREBY CERTIFY the this is a true copy of the *nfirinal fil tr : office on thedy of A.D.. By. FM#252077.1-14-01 Contract # AN-082 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhihit 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, dated { l 3 - 7,o01 PROJECT I.00ATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Bicycle/Pedestrian Coordinator This contract provides 100% funding to Monroe County for the position of Bicycle/Pedestrian Coordinator, SCOPE OF SERVICES Task l: Coordinate efforts related to the Overseas Heritage Trail. 35% Activities: • Attend Department of Environmental Protection -led Community workshops and meetings • Provide technical assistance to DEP and FDOT • Coordinate among DEP, Monroe County and FDOT • Coordinate with Monroe County Public Works • Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail Task 2: Coordinate programmatic and procedural aspects of a bicycle/pedestrian, transportation planning program with the Growth Management Division and the Florida Department of Transportation. 30% Activities: • Field review citizen complaints and resolve design issues on State facilities as requested by FDOT • Coordinate project development activities with FDOT and other agencies. • Attend and hold scoping meetings with Monroe County, other local agencies and FDOT • Coordinate review and ranking of transportation enhancement applications • Coordinate with other municipalities on their activities related to bicycle/pedestrian planning, programming, outreach and education • Assist the Growth Management Division with the monitoring of various transportation projects. • Coordinate update of the Long Range Transportation Plan • Review various community plans for inclusion into FDOT work program. • Disseminate information regarding FDOT work program and other special projects to appropriate local officials and agencies. • Provide review of FDOT work program for consistency with local comprehensive plan. • Review proposed comprehensive plan amendments for consistency with FDOT work program. • Act as primary contact to FDOT for transportation planning issues. • Write Requests for Proposals (RFPs) for consultant services for transportation planning projects • Coordinate consultant selection process IHEREBY CERMFYthat this isa true copy of the ind filed in this 1 _ office on rhea y "day o FMP'21)2077-1-14.01 Contract a AN-082 • Provide regular updates to FDOT on transportation planning prc�jert� • Coordinate with FDOT on review of right-of-way issues • At the request of FDOT, prepare agenda item for public prescmanwi before the Board of County Commissioners Task 3: Provide leadership related to bicycle/pedestrian planning for the Livable CommuniKeys Program (LCP). 25 % Activities: • Develop strategies including partnerships, projects and program in coneei7 with the LCP • Disseminate information related to bicycle/pedestrian needs and opportunities. • Manage/oversee consultant work related to bicycle/pedestrian planning and design • Prepare bicycle/pedestrian elements of community master plans. make amendments to comprehensive plan and land development regulations • Review bicycle/pedestrian/ADA project proposals on the State and or local roadway system for technical, policy, and cost feasibility and determine acceptability to local governments and citizens • Lead project development activities in Monroe County's communities. • Provide technical assistance to community groups and organizations. Task 4: Provide leadership related to the Florida Keys Scenic Highway. 10% Activities: • Supervise the Florida Keys Scenic Highway Coordinator. • Attend Florida Keys Scenic Highway Advisory Group workshops and meetings. • Assist with implementation and completion of the Florida Keys Scenic Highways Interpretive/master Plan t HERESY CERTIFY that this is a true COPY of the Odginal filed in ttus office on dW-22OAI1Y oft A.D. - 2 - By: FM#252077-1.14-01 Contract # AN-082 EXHIBIT "B" (° c b) ESTIMATED ANNUAL PROJECT COST AND 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_ Department 2798 Overseas Highway, Suite 410 Marathon Florida, 33050-2227, dated u - 3 1ti soy L, ESTIMATED PROJECT BUDGET: Salary $ 148,000.00 Travel Expenses $ 2,000.00 ESTIMATED TOTAL PROJECT COST: $ 150,000.00 II. FUND PARTICIPATION: 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 $150,000.00 Federal Reimbursable (DU)(FRA)(DFTA) (0%) or $0.00 Local Reimbursable (DL) (0%) or $0.00 TOTAL PROJECT COST $150,000.00 I HEREBY CE+ tTWY that this is s tme copy of the otiginal filed in this office on the sy o>Iftlid(gc 3 A'D, FM#252077-1-14.01 Contract # AN-082 EXHIBIT "C" (GENERAL) This exhibit forms an integral hart of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department, 2798 Overseas Highway, Suite 410, Marathon, Florida. 33050-2227, dated 1(— 3 o oq - INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Pt►hlic Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3. Comply with all applicable provisions of this Agreement. Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. I HEREBY CERTIFY that this is a true COPY of the ofiginal filed in this office on the$'�1bay of 4 A.D. 0 By: Financial Project No.: 25207711401 rr5n-"n-1-qh--wquenoe STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 72543"? PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT P290; w; Number 2 Fund: D Function: 015 Federal No.: FLAIR Category: 088W4 Object Code: 730015 Org. Code: 550620106M Contract No.: AN082 I DUNS No.: 80-939-7102 ' Vendor No.: 59MM749054 Catalog of Federal Domestic Assistance Number. Catalog of State Financial Assistance Number. 55.023 THIS AGREEMENT, made and entered into this ��day of V Ct 0 S� ton 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 12004 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. O O C.0 W tY O U- M t&J J n C", UJ .. p% CD 93 H M: o Q u o C N 72SM"? PUBLIC TRANSPORTATION 04M Pops 2 d 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 Departments revised total cost of the project to $ 300,000.00 3.00 Amended Exhibits: Exhibit(s) A. B, and C of said Agreement Is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement December 31st ,2010 Financial Project No. Contract No. AN082 726430-07 PUBLIC TRANSPORTATION 0Y07 Page E of • 25207711401 Agreement Date AV 2 oca 9 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 loe FOOT Monroe Co See attached Encumbrance Form for date of Funding AGENCY Approval by Comptrol ugenqj<—K40!�/ a-EIL- SIGNATORYY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION July 15, 2009 r, Or 1/0t5 AC</ TITLE TITLE MONROE COUKY ATTORNEY AP&OVEV AB TO FORM 7264M7 PUBLIC TRANSPORTATION 04W Pap 4 014 Financial Project No. 25207711401 Contract No. AN082 Agreement Date .Z $ �7 I oo f 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 2798 Overseas Highway, Suite 410, Marathon, Florida 33050 dated /dvR 1 rd toaq. DESCRIPTION OF SUPPLEMENT (Include justification for cost change): 1. Project Cost: As Approved As Amended Net $300,000.00 $300,000.00 $0.00 Total Project Cost $300,000.00 $300,000.00 $0.00 1. Fund As Approved As Amended Net Department: $300,000.00 $300,000.00 $0.00 Agency: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $300,000.00 $300,000.00 $0.00 Comments: Revised and updated Exhibits A, B, C, and O are attached and form an Integral part of this Supplemental JPA. 12543 o7 PUBLIC TRANSPORTATION ow Adddend Peps III. MULTI -YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi -year or prequaiifled 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. FNW52077-1-14-01 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 County Planning Department 2798 Overseas Highway. Suite 410 Marathon Florida 330502227, originally dated November 3, 2004 and Supplemental JPA #1, dated October 24, 2007, and Supplemental JPA #2, dated r1iGu i f 2 , 2009. PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE OF SERVICES TASK 1: TRANSPORTATION PLANNING STAFF ASSISTANCE I.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 stafiwill 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 ANSLYSIS 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; annual 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 High My Suite 410, Marathon, Florida. 33050-2227 originally dated November 3, 20�2, and Supplemental JPA #1, dated October 24, 2007, and Supplemental JPA #2, dated �, 2009. 1. PROJECT BUDGET: Salary: Original Amount $148,000.00 Supplement #1 $149,000.00 Travel Expenses: Original Amount $ 2,000.00 Supplement #1 $ 2,000.00 TOTAL PROJECT COST: $300,000.00 II. FUND PARTICIPATION: Maximum Federal Participation (09/6) or $0.00 Public Agency Participation In -Kind (00/0) $0.00 Cash (01YO) $0.00 Other (00/0) $0.00 Maximum Department Participation, Primary (D) (100% or $300,000.00 Federal Reimbursable (DU) (FRA) (DFTA) (00/0) or $0.00 Local Reimbursable (DL) (0%) or $0.00 TOTAL PROJECT COST $300,000.00 June 17, 2009 Page 3 FM#252077-1-14-01 Contract # AN-082 EXHIBIT "C" 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 ,J& 28 .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 17, 2009 Page 4 EXHIBIT D 725430- B PUBLIC TRANSPORTATION ouoa 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 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. E M RF. . Federal Agency N/A Compliance Requirements 1. N/A 2. 3. STATE RESOURCES State Agency FDOT Compliance Requirements Catalog of Federal Domestic Assistance (Number & Title) 55.023, State Highway Project Reimbursement Amount A unt $300,000 1. State participation is 100%. 2. In accordance with JPA #AN-082, and Supplemental Agreement #1 and 2, including revised Exhibits A, B, C, and D. 3. CSFA Number: 55.023 State Project Title: State Highway Project Reimbursement Agency: Department of Transportation Program Objectives: To reimburse counties or municipalities for expenditures made on projects on the State Highway System. Program Procedures: 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: Activities Allowed: FM# 25207711401 Project costs must be incurred subsequent to agreement Contract AN-082 Supplemental JPA #2 EXHIBIT D 7264" PUBIC TRANSPORTATION 04= execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision). Allowable Costs: Identified in the contract document up to a lump sum or maximum limiting amount. Cash Management: Not applicable. Eligibility: Project must be on the State Highway System. Equipment / Real Not applicable. Property Management: Matching: Not applicable. Period of Availability: 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. Reporting: Project costs are reviewed and approved upon receipt of an Invoice from the county of municipality. Subrecipient The county or municipality Is responsible for monitoring to work Monitoring: 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 FDOT. Subrecipients do not Invoice FDOT directly. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number $ Title) Amoun NIA N/A 2. 3. NOTE: Section .400(d) of OMB Clmular A-133, as revised, and Section 215.87(5xa), 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 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15, 2010 Division: Growth Management Bulk Item: Yes x No _ Department: Planning and Environmental Resources Staff Contact Person/Phone #: Trish Smith 305 304 0412 AGENDA ITEM WORDING: Approval of Supplemental Joint Participation Agreement (JPA) No.2 with the Florida Department of Transportation (FDOT) for Contract #AOU27 to extend the Transportation Planning Consultant and Staff Assistance JPA term from December 31, 2010 to December 31, 2011. ITEM BACKGROUND: In 2007, the BOCC authorized JPA #AOU27 in the amount of $417,000. The JPA funds the Scenic Highway Coordinator position and the Transportation Planning Assistance Continuing Services Contract. Projects undertaken as part of the Transportation Planning Assistance Contract include the yearly Aerial Travel Time and Delay Study, review of development plans for traffic issues, and other transportation studies as necessary. As required by the JPA, FDOT funds 87.5% of the total cost, and Monroe County provides a local match of 12.5%. In 2009, an additional $417,000 was added to the contract by FDOT, bringing the total to $834,000, with $104,250 (12.5%) being funded by Monroe County and $729,750 (87.5%) being funded by FDOT. In 2009, the contract was extended to December 31, 2010. To date, $388,719.30 has been billed to FDOT, leaving a balance of $341,030.70. A total of $226,030.70 remains for the Transportation Planning Consultant and $115,000 remains for the Scenic Highway Coordinator position. PREVIOUS RELEVANT BOCC ACTION: June 20, 2007 — Approval of FDOT Joint Participation Agreement (JPA) #AOU27 for the Monroe County Transportation Planning Program. May 20, 2009 - Approval of Supplemental Joint Participation Agreement (JPA) No.l with the Florida Department of Transportation (FDOT) for Contract #AOU27 for Transportation Planning Consultant Assistance and Transportation Planning Staff Assistance (Scenic Highway Coordinator Position), extending the term of the JPA from December 31, 2009, to December 31, 2010, and providing additional funding of $417,000. CONTRACT/AGREEMENT CHANGES: Change the expiration date of Supplemental JPA No. 2, Contract #AOU27 from December 31, 2010 to December 31, 2011. STAFF RECOMMENDATIONS: Approval TOTAL COST: $834,000 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes _No COST TO COUNTY: $104, 250 (total) (12.5%) SOURCE OF FUNDS: 148-51000 REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing x Risk Management x DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 2 725-030-07 PUBLIC TRANSPORTATION 04107 Page 1 of 4 Financial Project No.: Fund: SL FLAIR Category: 088854 25222811407 Function: 215 Object Code: 790015 & 750031 Contract No.: rtNo.: AOD-27 en -p ese-sequence Federal No.: 8887-370 Org. Code: 55062010630 DUNS No.: 80-939-7102 Vendor No.: F596000749054 Catalog of Federal Domestic Assistance Number: 20.205 Catalog of State Financial Assistance Number: 55.023 THIS AGREEMENT, made and entered into this day of 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 day of June ,2007 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 $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 No changes to Exhibits A, B. C, and D. This is a time extension only, to December 31, 2011. 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 $0.00 Paragraph 4.00 of said Agreement is increased by $0.00 bringing the Department's revised total cost of the project to $ 729,750.00 3.00 Amended Exhibits: Exhibit(s) N/A 4.00 Contract Time: 725-M-07 PUBLIC TRANSPORTATION 04107 Page 2 of 4 of said Agreement is amended by Attachment "A".. Paragraph 18.00 of said Agreement December 31st 2011 725-030-07 PUBLIC TRANSPORTATION 04107 Page 3of4 Financial Project No. 25222811407 Contract No. AOU-27 Agreement Date 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 WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Monroe County Planning Department AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE • •• •X-01201:1,11 �.:�.; FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE 726-030,07 PUBLIC TRANSPORTATION 04107 Pags4of4 Financial Project No. 25222811407 Contract No. AOU-27 Agreement Date 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 Planning Department 2798 Overseas Highway, Suite 410, Marathon, FL 33050 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): 1. Project Cost: As Approved As Amended Net $834,000.00 $834,000.00 $0.00 Total Project Cost $834,000.00 $834,000.00 $0.00 1. Fund As Approved As Amended Net Department: $729,750.00 $729,750.00 $0.00 Agency: $104,250.00 $104,250.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $834,000.00 $834,000.00 $0.00 Comments: 726-030-07 PUBLIC TRANSPORTATION 04107 Additional Page III. MULTI -YEAR OR DEFERRED REIMBURSEMENT 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. • Or�ine.� Financial Project No.: 252228-1-14-07 i em-segmen -p 3se-sequence Fund: XL Function: 215 Federal No.: 88' 7- _5 70 Contract No.: d©u R:Z IDUNS No.: CFDA Number: 20.205 FLAIR Approp.: 088854 FLAIR Obj.: 790015 Org. Code: 55062010630 Vendor No.: F596000749054 CSFA Number. 55.023 THIS AGREEMENT, made and entered into this day of (Tawe— I Zoo 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 December 31, 2009 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 334.044 Florda 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, B, C, and D attached hereto and by this reference made a part hereof, hereinafter 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-=4)6 PUBLIC TRANSPORTATION 0=7 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General 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 applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 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 of the project Is $ 417,000.00 This amount is based upon the estimate summarized in Exhibit "B" 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 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 364,875.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project 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 scheduled 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 Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is I) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 is @ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725-030-06 PUBLIC TRANSPORTATION 0307 Page 3 of 14 6.10 The Project 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 Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred 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 available 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 "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by 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 property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: 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 requirements 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 other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725030-M PUBLIC TRANSPORTATION 03/07 Pap 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 fully 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 comply 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 Federally 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 following annual 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 Federal awards expended in Its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources 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 shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient 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 state funds, the following annual audit criteria will apply: 1. In the event 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 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental 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 state financial assistance expended in its fiscal year, the recipient shall consider all 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 shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package 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 recipient 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 reciplent's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-030-06 PUSUC TRANSPORTATION 03107 Page 5 of 14 Part III Other Audit Requirements 1. The Agency 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 unfit 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 Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient 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 number of copies required by Sections .320 (d)(1) and (2). OMB 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 (0, OMB Circular A-133. 2. to 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 each of the following: Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package 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 72"30-06 PUSUC 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 behalf of the recipient 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 Auditor 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-133 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 Record 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 audit 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 reportable 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 plans. 7.65 Insurance: Execution of this Joint Participation 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 loss or damage due to any accident or casualty 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 runways the Department may waive or modify this section. 725-030-06 PUBUCTRANSPORTATON 03107 Page 7 of 14 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, Planning Office, Miami , FL, 33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (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 shall 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; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) 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 all 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 the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: 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 litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires 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 Conflict of Interests: There has been any violatlon of the conflict of interest provisions contained herein; or 8.25 Default: 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 "B." 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-M46 PUBLIC TRANSPORTATION OM7 Page B of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services 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 include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the 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 the 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 Remission 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 authorized 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 PUSUC TRANSPORTATION 03W Page 6 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or 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 Disadvantaged 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 the 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 recelpt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without 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 pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development 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, at. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title 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, at. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-08 PUBLIC TRANSPORTATION M7 Page 10 of 14 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 officer, 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 between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous 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 Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department 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 remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commisslon for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 726-030-M PUBUCTRANSPORTATION 03107 Page 11 of 14 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 Agency 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 develop 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 useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 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 disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 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 whether 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 constructing 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 adequate 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 0&07 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(6Xa), 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 or 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 the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution 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 or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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, grant, 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 employee 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 included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 72so30-08 PUBLIC TRANSPORTATION 03(07 Pape 13 of 14 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 separate 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 include 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 date 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. 72&030-06 PUBLIC TRANSPORTATION 03107 Pare. 1e p1 14 Financial Project No. 252228-1-14-07 Contract No. Agreement Date 01f A r— o? % IN WETNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AGENCY NAME MARIO DI GIENNARO SIGNATO RINTED OR TYPED) SPATURE MAYOR G f .1 OO % TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller TEMCIREVIEW DEPARTMENT OFTRANSPO ATION DEPARTM OFTRANSPO TATION District Six Secretary TITLE MONROE COUNTY ATTORNEY APPRO D AS TO FORM: f} ♦fe Sf ' 1�0.n„y L. 1Gol kv , e��' �e rl� SUSAN M.AAIMSLEY ASSISTJLNTqOUINTY17 ATTORNEY Date +.i! - O z ►9 13 Y : Gi.{�l•Y C: • v Cza -11 � 0 FM # 252228-1-14-07 CONTRACT # 4 p l97 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 ,Tujr a a boo -7. PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE OF SERVICES TASK 1: TRANSPORTATION PLANNING ASSISTANCE 1. 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 TASK 2: 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. 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, 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 $0.00* *The cost of this task will be included under Task 1. TASK 3: FLORIDA KEYS SCENIC HIGHWAY COORDINATOR 1.PURPOSE 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 Monroe 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 Monroe 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, Monroe County Public Works, Monroe 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 Salary, Taxes, WC and Benefits Travel Public Relations TASK 4: PROJECT ADMINISTRATION $134,900 $60,500 annually x 2 years $ 4,500 $ 9,400 1. PURPOSE The purpose 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 $0.00** "The cost of this task will be included under Tasks 1 and 3. 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 recommended 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 County 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 enhance 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 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 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 # 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 Department, Suite 410, 2798 Overseas Highway, Suite 400, Marathon, Florida, 33050, dated 1. PROJECT COST: $417,000.00 II. PARTICIPATION: Maximum Federal Participation (XL) (75%) $312,750.00 l Public Agency Participation (LFF) (12.5%) S 52,125.00 In -Kind (0%) Cash (12.5%) $52,125.00 Other (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 CONTRACTNO. 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 72"30-06 PUBLIC TRANSPORTATION 03M7 Extdbit D 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 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 Agency CataIgg of Federal Domestic Assistance (Number & Title) AmounS Compliance RegWrement 1. 9 93 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.023, State Highway Project Reimbursement $52,125.00 Compliance Requirements 1. In accordance weth the requirements detailed in Exhibit A, "Scope of Services" 2. 0 Matchina Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount FHWA 20.205, Highway Planning and Construction $312,750.00 Compliance Requirements 1. Federal participation: 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. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 218.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Financial Project No.: 25222811407 Contract No.: AOU27 YiYVwi aD ii.a=y tii.,.o'Li J C:1:+iYn. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 72503M7 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Peps IWW d0f4 Number 1 Fund: SL Function: 215 Federal No.: 8887-370 FLAIR Approp.: 088854 FLAIR Obj.: 790015 Org. Code: 55062010630 Vendor No.: F596000749054 Catalog of Federal Domestic Assistance Number. 20.205 Catalog of State Financial Assistance Number. 55.023 I DUNS No.: THIS AGREEMENT, made and entered into this 2 0' day of -\ u n , Z 009 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 day of June 12007 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 $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, B, C, and D supercede the previously incorporated exhibits in JPA AOU27 dated 6127/2007. 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. 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $417,000.00 bringing the revised total cost of the project to $ 834,000.00 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 D 4.00 Contract Time: 726.03"7 PUBLIC TRANSPORTATION 04,07 PSP2d4 of said Agreement is amended by Attachment "A". Paragraph 18.00 of said Agreement December 31st ,2010 121 030-07 PUR'.IC "I RAMS: 1-:F: I Al ION 04/07 !'.391 3 of 4 Financial Project No. 25222811407 Contract No. AOU27 Agreement Date �y►i�e Z(p 20(�1 Except as hereby modified, amended or changed, all other terms of said Agreement dated June 27th 2007 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 Monroe County AGENCY NAME George Neugent SIGNATORY INTED OR TYPED) "s 2 GNATURE Mayor, Chairman 05/20/2009 TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Com roller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION /t=s— DEPARTMENT OF TRANSPORTATION A%f.oF /ran 5 149av TITLE pA[3W L K0L E CUMK �. .. -n DEP1: ,, Y is tEFK — ! ^ ` - rri MONReE 6H0k#4-,.AT-T6RNEW _,r— 2 _ Z APPR u - i'O FORM' `� � _ /- SUf �.,. I : tSLE •rtD c,J n ASSIST ;�'!.I:• ',' ATTORNEY r- rn N � Date p� v nsmo4o7 PUBLIC TRANSPORTATION uum Pape 4 4f 4 Financial Project No. 25222811407 Contract No. AOU27 Agreement Date Jr`,thr 7 ZOaG 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 Countv dated juri Zto. W+. - 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: 725430-M PUBLIC TRANSPORTATION 04 W AdMWW Paps III. MULTI -YEAR OR PREQUALIFIED 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 # A U27 Supplemental JPA #1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Revised and Supplemented 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.- 3050 dated June 27, 2007. Revised in accordance with Supplemental JPA #1, dated _ , 11nf '7 c o , 2009. PROJECT LOCATION: PROJECT DESCRIPTION: SCOPE OF SERVICES Monroe County, Florida Monroe County Transportation Planning Program TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE 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, ping 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. —A CTIV.� The transportation planning consultant will provide assistance to Monroe County Planning Department staff in the following areas: preparation of traffat ic impact reports; attendance or internal traffic flows and access; review of public meetings and hearings; site plan reviews f 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 I 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 bicle a d April 10, 2009 y cn pedestman planning and analysis; FM # 252229-1-14-07 CONTRACT # AQW7� Supplemental JPA #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 1. 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• COSH P1$215,000.00 sunnlementa] ment funding• S215,000.00 TOTAL TASK FUNDING AMOUNT: $430,000.00 TASK 2: TRANSPORTATION PLANNING STAFF ASSMANCE 1 PURPOSE 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 planning program of the County.This program �g transportation tannin p gram 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 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. 8) 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 su service April 10, 2009 FM # 252228-1-14-07 CONTRACT # AOU27 Supplemental JPA 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.) $202,000.00 Plus supplemental agreement funding: $202 000 00 TOTAL TASK FUNDING AMOUNT: $404,000.00 April 10, 2009 FM # 252228-1-14-07 CONTRACT # Supplemental JPA #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 Planning i .wrtrns•nr 2798 Overseas HighWAL Suite 410 amthon Florida 33050-2227 dated June 27, 2007. Revised in accordance with Supplemental JPA #1, dated _\., MC 2009. L PROJECT BUDGET: Original JPA Amount $417,000.00 Supplemental Agreement #1 $417,000.00 TOTAL PROJECT COST: $934,000.00 IQ. FUND PARTICIPATION: Maximum Federal Participation Public Agency Participation (75%) $625,500.00 In -Kind (12.55,16) $104,250.00 Cash Other (00/0) $0.00 (0%) $0.00 Maximum Department Participation (DSF) (12.5%) $104,250.00 TOTAL PROJECT COST $834,000.00 April 10, 2009 FM # 252228.1-14-07 CONTRACT # AOU27 Supplemental JPA #1 EXHIBIT "C" (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 Denart_M0 7og Overseas Highway. Suite 410 Marathon Florida. 33050-2227 dated June 27, 2007. Revised in accordance with Supplemental JPA #1, dated -,% &AnC , 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 D 72543048 PUBLIC TRANSPORTATION 04M 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 some information for each Program and the total resources awarded. Compllance 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 some 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 nguage that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, use lregulations, eta The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESDURCES Federal Agency Catalog of Federal Dam c Assisi ce (Num.bK a Tide), An FHWA 20.205, Highway Planning and Construction $625,500 1. Federal participation is 75%; State participation is 12.5%; Local participation is 12.5%. 2. In accordance with this JPA MA01.127, and Supplemental Agreement #1, including 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 s 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 AOU27 Supplemental JPA #1 EXHIBIT D AUDITS 725400-M PUBLIC TRANSPORTATION "a In accordance with the provisions of OMB Circular No. A-133 (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-133. AIM— lim! State Aoencv FDOT Compliance Requirements Catalog of Swe Financial Assistance (Number a 71fl_) AmQu 55.023, State Highway Project Reimbursement $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, including revised Exhibits A, B, C, and D. 3. CSFA Number. 55.023 State Project Titis: State Highway Project Reimbursement Agency: Department of Transportation Program 0416ctives: To reimburse counties or municipalities for expenditures made on projects on the State Highway System. Program Procedures: 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: Activides Allowed: 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). Allowable Costs: Identified In the contract document up to a lump sum or maximum limiting amount. Cash Management: Not applicable. Eligibility: Project must be on the State Highway System. Equipment / Real Not applicable. Property Management: Matching: Not applicable. Period of Availability: 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. Reporting: Project costs are reviewed and approved upon receipt of an FM# 25222811407 Contract AOU27 Supplemental JPA #1 EXHIBIT D 7234 us PUBLIC TRANSPORTATION 04M acquisition and relocation assistance, and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functional, 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 Pro Bonus (BE) program, and some additional programs may be used for mass ��' Equity funds are limited to P p projects and programs transportation improvements; grams 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 transportationp Projects in both metropolitan and non -metropolitan plan. Pro' areas must also be included in a fiscally constrained Statewide Transportation Improvement Program (STIP developed as part of the required statewide transportation planning process. The FHWA and the Federal Transit Administration (FTA) 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 DOTs). 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 FHWA Office of Federal Lands Highway and its Divisions or by the various FLMAs. Under the FLHP, projects in the Indian Reservation Road (IRR) 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 FHWA. 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 be increased in the case of States with large areas of Federal lands. Some projects, including territ ''oral highway projects, FLHP projects, certain safety improvements, and emergency relief projects require no matching of Federal funds. FM# 25222811407 Contract AOU27 Supplemental JPA #1 EXHIBIT D PUBLIC TRAMPo AT 04= Invoice from the county of municipality. SubreclThe county or municipality is responsible Monlboring: ng: For monitoring to work of subreciplents. Subreciplent invoices are reviewed, verified and paid by the county of municipality. County or municipality Invoices are then reviewed and approved for payment by FDOT. Subreciplents do not Invoice FDOT directly. - •�' •1=.t:=�lil �1•_II :r71-:.=-tll!= ► . 11 i_ _ - �11 • . ll Na 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(6Na), Florida Statutes the Information about Federal Programs and State Projects Included In this exhibit be provided to the recipient . t FM# 25222811407 Contract AOU27 Supplemental JPA #1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15, 2010 Division: Growth Management Bulk Item: Yes X No _ Department: Marine Resources Office Staff Contact: Richard Jones (305) 289-2805 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance by the Board of County Commissioners amending Chapter 26 of the Monroe County Code (Waterways) to provide for renaming "Combustion Vessel Exclusion Zones" to "No Motor Zones", in order to eliminate boater confusion and provide consistency with "No Motor Zones" established by the Florida Keys National Marine Sanctuary. ITEM BACKGROUND: The Board of County Commissioners creates various types of vessel restricted areas for the primary purpose of public health and safety. Approval by the Florida Fish and Wildlife Commission (FWC) is also required in order to implement such areas. "Combustion Vessel Exclusion Zones" have been created in the past to allow entry of vessels without the engines running. Due to boater confusion regarding the language on required signage delineating the "Combustion Vessel Exclusion Zones", and inconsistency with other similar zones in the Keys created by the Florida Keys National Marine Sanctuary, staff has requested and received approval from the FWC to change the zones to "No Motor Zones". Staff is requesting approval from the Board to advertise a public hearing to consider an ordinance changing the "Combustion Vessel Exclusion Zones" to "No Motor Zones". PREVIOUS RELEVANT BOCC ACTION: Ord. 020-2003 revising the code to include "Combustion Vessel Exclusion Zones" CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # ORDINANCE NO. - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 26 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR "NO MOTOR ZONES" AND CONSISTENT SIGNAGE; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County has a variety of boating restricted areas codified under Sec.26-71 of the Monroe County Code; and WHEREAS, Monroe County has multiple Combustion Vessel Exclusion Zones intended to exclude vessels from entering such areas with internal combustion engines running; and WHEREAS, the language Combustion Vessel Exclusion may be confusing to boaters and is inconsistent with similar federally established boating restricted areas in the Keys that use the language No Motor Zone; and WHEREAS, utilizing the language No Motor Zone on buoys and signage will be clear to boaters, provide consistency between similar County and Federal zones, and increase compliance with the restrictions of such zones, and WHEREAS, the Florida Fish & Wildlife Conservation Commission permits such boating restricted areas in accordance with Chapter 68D-23 Uniform Waterway Markers in Florida Waters; and WHEREAS, the Florida Fish & Wildlife Conservation Commission has approved a request from the Marine Resources Office to rename Monroe County boating restricted areas from Combustion Vessel Exclusion Zones to No Motor Zones; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Monroe County Code Section 26-1. Definitions shall be amended as follows: (deletions are skieken thfe and additions are underlined) Sec.26-1. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Combustion vessel exclusion zone means that no person shall operate a motorized vessel (as defined in this section), by use of a combustion engine, or in some cases where specifically established an electric motor, in any area spatially defined as "Combustion Vessel Exclusion Zone" and that is so identified as a "Combustion Vessel Exclusion Zone" by appropriate signage. Commercial vessel means: (1) Any vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel licensed pursuant to F.S. § 370.06 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the consumer, retail dealer, or wholesale dealer; or (2) Any other vessel, except a recreational vessel as defined in this section. Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. Dive means to wholly or partially submerge one's body while equipped with a mask or goggles, whether or not any type of underwater breathing apparatus is used. Floating structure means as defined in F.S. § 327.02. Houseboat means as provided in F.S. § 337.02. Idle speed/no wake means that a vessel cannot proceed at a speed greater than that speed that is necessary to maintain steerage. Live -aboard vessel. (1) The term "live -aboard vessel" means as provided in F.S. § 327.02. (2) Any vessel with a person living aboard and that is anchored, moored, or docked in the same location for 72 consecutive hours is presumed to be a live -aboard vessel. Lobster mini -season means the two-day sport season authorized by the state pursuant to F.A.C. 6813-24.005. Manager means the manager and/or management staff of the land based facility authorized by separate resolution and/or agreement to operate, manage and maintain any county mooring field. Manmade water body means a water body that was created by excavation by mechanical means under human control and shall include a canal, cut basin, or channel where its edges or margins have subsequently been modified by natural forces. (1) For the purposes of this chapter, such water bodies may have natural components, for instance a channel or canal may have been dredged such that the dredge material was used to create land on one side, but not the other, thus leaving a relatively natural shoreline on the opposite side. (2) Also for the purposes of this chapter, the manmade water body must have "buildings," as defined in part II of this Code, along its shoreline to be applicable. If buildings are not present on a given shoreline on the date of adoption of the ordinance from which this section is derived, but such buildings are constructed at a later date, then the ordinance from which this section is derived becomes effective at that time. Marine sanitation device means as defined in F.S. § 327.02. Mobile pump -out vessel means any vessel capable of pumping out and receiving human body wastes and other effluent contained in marine sanitation devices installed aboard other vessels. Mooring field means areas in and adjacent to the county installed mooring systems, including designated anchoring areas. These areas may include both county and state owned submerged lands, but shall exclude privately owned submerged lands. The delineation, implementation and management of county mooring fields shall be approved by the state. Motorboat means as provided in F.S. § 327.02. This definition is synonymous with the definition of motorized vessel. Motorized vessel means any vessel that is propelled or powered by machinery and that is capable of being used as a means of transportation on water. No discharge zone means any of the areas located within state waters within the boundaries of the Florida Keys National Marine Sanctuary, as identified in Federal Register Notice 66:144, pp 38967-38969, promulgated on July 26, 2001, and as shown in attachment A of the ordinance from which this section is derived. No Motor Zone means all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and if possible to do so, tilt or raise the internal combustion motor out of the water. The use of electric motors is not prohibited. Owner means as provided in F.S. § 327.02. Person means an individual, partnership, firm, corporation, association, or other entity, but does not include an individual on board a public vessel or the owner of a public vessel. Public vessel means a vessel owned or a bareboat chartered and operated by the United States, the state, the county, or by a foreign nation, except when such vessel is in commerce. Pump -out station means a facility that pumps or receives human body wastes and other effluent out of marine sanitation device installed on board vessels. Real property owner means any part owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, with legal or beneficial title to the whole or to part of real property. Recreational vessel means any vessel: (1) Manufactured and used primarily for noncommercial purposes; or (2) Leased, rented, or chartered to a person for the person's noncommercial use. Residential area means any area designated improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the county land development regulations. Seaworthy condition means that a vessel is in good condition and capable of the use for which it was designed. Sewage means human body wastes and wastes from toilets and other receptacles, including approved marine sanitation devices (MSD) intended to receive or retain body wastes, whether treated or raw. Slow speed/minimum wake means that a vessel must be fully off plane and completely settled into the water. It must not proceed at a speed greater than that which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. A vessel is not proceeding at a slow speed/minimum wake when it is: (1) Operating on a plane; (2) In the process of coming off plane and settling into the water or coming up onto a plane; or (3) Operating at a speed that creates a wake that is unreasonable or unnecessarily endangers other vessels. Speargun means any device whether commercially manufactured or hand -made, that is designed and constructed so as to be capable of forcefully discharging at great velocity any spear or any similar projectile in a direction determined by the user thereof for a distance greater than two feet (24 inches) whether or not such spear or projectile is tethered to the firing apparatus or otherwise limited in its range. No distinction shall be made as to the mechanical construction or physical means used in such devices to create the potential energy necessary to eject or fire such spear or similar projectiles. Vessel means as provided in F.S. § 327.02. Water -borne craft or structures subject to density allocation and wastewater management requirements (water -borne craft) means and encompasses any of the following definitions, houseboat, floating structures, live aboard vessel, and vessel as defined in this chapter and F.S. § 327.02 when the object of such definitions is being occupied in a manner that would be construed as either a residential or business purpose that would normally require wastewater facilities. Such occupation, be it residential or commercial in nature, could involve either longterm or shortterm tenancies and typically would involve occupancy including habitation, eating, sleeping, bathing, and or a business functions where the occupant were aboard the water -borne craft for several hours per day. (1) Water -borne craft may as a matter of course occupy a dry slip, wet slip, or mooring as defined in this chapter and exist in a marina, marine facility, mooring field or other location within or on waters of this state as defined in this chapter. (2) Water -borne craft are subject to a density allocation commensurate with the district it occupies and is to be calculated as the equivalent of one density unit. Water -borne craft are subject to wastewater management requirements as defined in this section and part II of this Code. Section 2. Article III Sec. 26-71 shall be amended as follows: Sec. 26-71. Boat restricted zones established. (a) Idle speed/no wake zones. No person shall operate a vessel in the following areas spatially defined as "idle speed/no wake zones" at a speed in excess of idle speed/no wake as defined in this chapter: (1) Summerland Key Channel: To include an area within 300 feet of shore along the southwest shore of Summerland Key, running contiguous with the shorelines of Summerland Key Cove and Summerland Cove Isles subdivisions. (2) Ocean Reef Club: a. Bayside: To include an area between 300 feet of shore along the northwest shore of North Key Largo running contiguous with the shoreline of Snapper Point subdivision, Ocean Reef Club, within the navigation channel that parallels the shoreline. Includes all internal canals of Snapper Point subdivision. b. Oceanside: To include all residential canals in Angelfish Cay, all residential canals in Channel Cay, and the portion of Little Angelfish Creek adjacent to Angelfish Cay. (3) Riviera Canal: To include the area of Riviera Canal, Key West, running from Cow Key Channel to the west, until it turns approximately g0 degrees to the north. (4) Jolly Roger Estates, Little Torch Key: To include an area running parallel to the eastern shore of Jolly Roger subdivision approximately 300 feet offshore and within the deep navigation canal parallel to the subdivision shoreline. To include the northernmost canal (running east -west) leading into the internal subdivision canals. (5) Sombrero Beach: To include the area at the west side of Sombrero Beach extending to the west side of the navigation canal, bounded at its southern extreme by Day Beacon No. 6. (6) Safety Harbor: To include an area contiguous to and extending approximately 300 feet from the residential shorelines of Safety Harbor and Toll Gate Shores, within the existing deeper parallel navigation channel. (7) Community Harbor: To include the area within the bounds of Community Harbor, Tavernier, Key Largo and extending in an arc from either side of the mouth, just outside the bounds of the Harbor. (8) All manmade water bodies: To include all manmade water bodies, as defined in this chapter, within the waters of the county. (9) Dove Creek: From the open water of the Atlantic/Hawk's Channel, the eastern section of Dove Creek to the western end of Dove Creek subdivision and including the Dove Creek subdivision residential canal. (10) Key West: Smathers Beach: To include an area parallel to the shore along Smathers Beach running 600 feet offshore. (b) Slow speed/minimum wake zones. No person shall operate a vessel in the following areas spatially defined as "slow speed/minimum wake zones" at a speed in excess of slow speed/minimum wake as defined in this chapter: (1) Snake Creek: To include the entire width of Snake Creek, from 100 feet south of the Snake Creek Bridge at U.S. Highway 1, to 100 feet north of the residential shoreline of the Venetian Shores subdivision, Plantation Key. (2) Vaca Cut: Extending the length of Vaca Cut, Marathon from the regulatory marker located approximately 1,250 feet south of the Vaca Cut Bridge to the regulatory markers located approximately 800 feet north of the Vaca Cut Bridge. (3) Whale Harbor: To include the area just north of the Whale Harbor Bridge and extending south the length of the Whale Harbor navigation channel to ATON number 1. (4) Boot Key Harbor and Sister's Creek: To include all waters within Boot Key Harbor including contiguous creeks and manmade canals, and including approaches to the Harbor from the West beginning at Day Beacon No. 7 and from the South, Sister's Creek beginning at Day Beacon No. 4. (5) Cow Key Channel: To include Cow Key Channel north of the Cow Key Channel Bridge at U.S. Highway 1 and ending at Day Beacon No. 11, south of the Cow Key Channel Bridge. (6) Adams Waterway: To include the entire area known as Adams Waterway, Key Largo, leading from Blackwater Sound on Florida Bay to Largo Sound on the ocean side of the Island of Key Largo. (c) Combustion vessel exGWian xenes No Motor Zones. No person shall operate a motorized vessel in the following areas spatially defined as "GOmbustion vessel " no motor zones": (1) Harry Harris Park: To include an area parallel to the shoreline extending the length of Harry Harris Park, Tavernier, Key Largo extending to the west to include the five contiguous lots of Ocean Park Village and extending approximately 450 feet offshore. (2) Dove Creek and Dove Lake: To include the western end of Dove Creek from the west end of Dove Creek subdivision to the mouth of Dove Lake and the entire area of Dove Lake. (3) Whale Harbor Channel "Flats": To include the shallow areas adjacent to the northeast and southwest sides of Whale Harbor Channel on the ocean side of U.S. Highway 1. The approximate length of the zone extends from the Whale Harbor Channel Aids to Navigation Numbers 8 and 9 southeastward to Whale Harbor Channel Aids to Navigation Numbers 1 and 2. The width of the zone is defined, on either side of the channel, by the adjacent shallow areas and the small channels farther to the northeast or southwest of the Whale Harbor Channel. The zones are approximately triangular on either side of Whale Harbor Channel. The Zones will specifically exclude the areas known as the "Sand Bar," shallow, sandy areas immediately contiguous to Whale Harbor Channel on either side. (d) Motorboats prohibited zone. No motorboat as defined herein shall enter an area established by County Ordinance as "motorboat prohibited zone." The following area is a "motorboat prohibited zone": Varadero Beach: To include an area within 300 feet of shore along the cove on the bayside of Key Largo, known as Varadero Beach at approximately mm 95.6 bayside and as shown graphically in the attached map. Kayaks, canoes and similar exclusively human powered vessels are allowed in this zone. (e) Viewable map of zones. Viewable maps of each of the zones noted in this section are available at the county office for marine resources. Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 6. Effective date. This ordinance shall become effective as provided by law. (This area is intentionally left blank) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2011. Mayor Mayor pro tem Commissioner Commissioner Commissioner MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK :A Deputy Clerk LIM M OE COUNTY ATTORNEY AR ROVED AS TO FORM Date: ` ! �a November z w 11 ON Rich Jones, Senior Administrator Florida Fish Monroe County and Wildlife Growth Management Division Conservation Marine Resources Office Commission 2798 Overseas Highway Suite #420 Marathon, Florida 33050 Commissioners Rodney Barreto RE: Proposed Changes to Monroe County Code Chapter 26 Chair Miami Dear Mr. Jones, Richard A. Corbett Vice Chair Tampa The Florida Fish and Wildlife Conservation Commission (FWC) received your Kathy Barco draft ordinance on October 1, 2010. Based on our review of the information for Jacksonville compliance with Chapter 68D-21, Florida Administrative Code (F.A.C.), and Ronald M. Bergeron Fort Lauderdale Section 327.46, Florida Statutes (F.S.), the request for approval of revisions to Dwight Stephenson Chapter 26 of the Monroe County Code has been approved. The revision request Delray Beach is to rename three boating restricted areas from "Combustion Vessel Exclusion" Kenneth W. Wright to "No Motor Zones" within Monroe County. The revision to the Code does not Winter Park expand or adopt any new boating restricted areas. Also, please ensure all Brian S. Yabionskl regulatory markers affected by this Code reflect the current reference number. Tallahassee Be advised that this approval only applies if the draft ordinance is passed exactly Executive Staff Nick Wiley as submitted. If the Monroe County Board of County Commissioners chooses to Executive Director revise the ordinance, it would need to be resubmitted for approval. Please submit Greg Holder the final approved ordinance upon passage by the Board of County Assistant Executive Director Commissioners. Karen Ventimiglia Deputy Chief of Staff If you have any questions, please contact me at (850) 488-5600 or by e-mail at Shaun.Davis@MyFWC.com. Division of Law Enforcement Sincerely, Colonel Jim Brown Director (\ (850) 488-6251 (850) 921-6453 FAX Shaun Davis, Planner Division of Law Enforcement Boating and Waterways Section Managing fish and wildlife resources for their long-term well-being and the benefit /sd of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech impaired: (800) 955-8771(T) (800) 955-8770 M MyFWC.com Marine Resources ORDINANCE NO.020-2003 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMISSIONERS AMENDING ARTICLE II, SECTION 5.5-17, BOATS, DOCKS, AND WATERWAYS, ELIMINATING THE TERM AND DEFINITION "NAVIGABLE CANAL" AND REPLACING IT INSTEAD WITH THE TERM AND THE DEFINITION "MAN MADE WATER BODY" AS CURRENTLY ESTABLISHED IN ARTICLE I OF THE CHAPTER, FURTHER AMENDING THIN CHAPTER TO MODIFY CERTAIN ARTICLES AND SECTIONS THROUGHOUT THE CHAPTER TO MOVE ALL DEFINITIONS TO ARTICLE I OF THE CHAPTER, PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF SECTIONS FOUND INCONSISTENT WITH THIS REVISION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the term "navigable canal' as defined in Chapter 5.5, 17 is overbroad and exceeds the intent of the Board of County Commissioners when adopting the Section; and WHEREAS, the term "man-made water body" as also defined in the Chapter better defines the intent of the Board in adopting an Ordinance requiring that man-made canals be maintained for unobstructed navigation; and WHEREAS, it is the intent of the Board to consolidate the Code, such as definition sections, for simplicity of use, now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA THAT REVISIONS TO CHAPTER 5.5 OCCUR AS FOLLOWS: Section 1. Revise Chapter 5.5, Article I to add definitions as follows: Commercial vessel means: (1) any vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel licensed pursuant to [F.S.] § 370.06 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the consumer, retail dealer, or wholesale dealer; (2) any other vessel, except a recreational vessel as defined in this section. Manager means the manager and/or management staff of the land based facility authorized by separate resolution and/or agreement to operate, manage and maintain any county mooring field(s). Mooring field(s) means areas in and adjacent to Monroe County installed mooring systems, including designated anchoring areas. These areas may include both county and state owned submerged lands, but shall exclude privately owned submerged lands. The delineation, implementation and management of county mooring fields will be approved by the state. C:\TEMP\OrdMangroveTrimRev.070903.doc Marine Resources Real Property Owner means any part owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, with legal or beneficial title to the whole or to part of real property. Recreational vessel means any vessel: (a) Manufactured and used primarily for noncommercial purposes; or (b) Leased, rented, or chartered to a person for the persoWs noncommercial use. Residential area means any area designated improved subdivision, suburban residential or suburban residential limited, sparsely settled, urban residential, and urban residential mobile home under the Monroe County land development regulations. Seaworthy condition means that a vessel is in good condition and capable of the use for which it was designed. Section 2. Include definitions, existing or to be included in Article I, as referenced in Ordinance 006- 2003, but revised herein: Motorized Vessel means any vessel, which is propelled or powered by machinery and which is capable of being used as a means of transportation on water. Combustion Vessel Exclusion Zone means that no person shall operate a motorized vessel (as defined in Article I of this Chapter), by use of a combustion engine, or in some cases where specifically established - an electric motor, in any area spatially defined as "Combustion Vessel Exclusion Zone" and which is so identified as a "Combustion Vessel Exclusion Zone" by appropriate signage. Section 3. Replace 5.5-16 (a) Definitions with the following text: (a) Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 4. Replace 5.5-17 (a) Definitions with the following text: (a) Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 5. Revise Section 5.5-17 (b) to read as follows: (b) Prohibition on causing or permitting trees to interfere with vessels upon any man-made waterbody. No real property owner may cause, suffer, or permit a tree, trees or other vegetation, to grow, or otherwise extend, from his or her real property into or over a man-made water body in such a way or manner as to constitute a navigational hazard to, or to interfere with, vessels engaged in a journey or ride upon the man-made water body. Section 6. Replace 5.5-46. Definitions, with the following text: Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 7. Replace 5.5-77. Definitions, with the following text: C.\TEMP\OrCM goveTdmRev.070903.doc Marine Resources Definitions shall apply as provided in Article I of this chapter or as referenced from other chapters as appropriate. Section 8. Revise Chapter 5.5-108 (c) as follows: Combustion Engine Exclusion Zones: No person shall operate a motorized vessel in the following areas spatially defined as "combustion engine exclusion zones." Chapter 5.5,108 (c) (1) through (4) are retained intact. Section 9. Severability. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 10. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 11. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 12. Effective date. This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and will take effect upon receipt by that agency. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 18 s' day of June . A.D., 2003. Mayor Dixie Spehar YES Mayor Pro Tem Murray Nelson YES Commissioner George Neugent not present Commissioner Charles "Sonny" McCoy YES Commissioner David Rice YES L.KOLHAGE, Clerk A 7-jDe2yty5lerk CC CC d �• O w� J �Jp �Of Li- N c:\TEmp\ordMangroveTrimRev.0 70903.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. Z14,0�; >,72 441;,Oe�-o Mayor/Chairperson ApPROGA AS TO Ci"r.rn A R ERT �� DATE BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15, 2010 Division: Growth Management Bulk Item: Yes X No _ Department: Growth Management Division Staff Contact Person: Christine Hurley, AICP, (305) 289-2517 AGENDA ITEM WORDING: Approval of a resolution by the Monroe County Board of County Commissioners approving the Annual Public Facilities Capacity Assessment Report 2010. ITEM BACKGROUND: This report is the annual assessment of public facilities capacity mandated by Chapter 114 of the Monroe County Land Development Regulations (Code). Section 114-2, Adequate Facilities and Development Review Procedures, contains two major sets of requirements: the minimum service standards for the four primary public facilities (roads, solid waste, potable water, schools), and an annual assessment process to determine the available capacity of these public facilities. Section 114-2 includes an equitable procedure for issuing permits when the rate of growth is likely to outpace the current capacity of these public facilities. Section 114-2(b)3 requires the Director of Planning to prepare an annual report to the Monroe County Board of County Commissioners on the capacity of available public facilities. Section 114-2(b)(4) requires the Monroe County Board of County Commission to consider this report and approve its findings either with or without modifications. The County Commission cannot act to increase development capacity beyond that demonstrated in this report without making specific findings of fact as to the reasons for the increase, and identifying the source of funds to be used to pay for the additional capacity. Once approved by the Monroe County Board of County Commission, the Public Facilities Capacity Assessment Report becomes the official assessment of public facilities upon which development approvals will be based for the next year. PREVIOUS RELEVANT BOCC ACTION: The BOCC has considered and approved annual assessments of public facilities capacity each year since 1987. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval TOTAL COST: N/A INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. - 2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE ANNUAL ASSESSMENT OF MONROE COUNTY PUBLIC FACILITIES CAPACITY 2010 AS SUBMITTED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES WHEREAS, the annual assessment of public facilities capacity is mandated by Chapter 114 of the Monroe County Land Development Regulations: 1. Section 114-2, Adequate Facilities and Development Review Procedures, contains two major sets of requirements: the minimum service standards for the four primary public facilities (roads, solid waste, potable water, schools), and an annual assessment process to determine the available capacity of these public facilities. Section 114-2 includes an equitable procedure for issuing permits when the rate of growth is likely to outpace the current capacity of these public facilities; and 2. Section 114-2(b)3 requires the Director of Planning to prepare an annual report to the Monroe County Board of County Commissioners on the capacity of available public facilities; and 3. Section 114-2(b)(4) requires the Monroe County Board of County Commission to consider this report and approve its findings either with or without modifications. The County Commission cannot act to increase development capacity beyond that demonstrated in this report without making specific findings of fact as to the reasons for the increase, and identifying the source of funds to be used to pay for the additional capacity; and WHEREAS, once approved by the Monroe County Board of County Commission, the Public Facilities Capacity Assessment Report becomes the official assessment of public facilities upon which development approvals will be based for the next year; and WHEREAS, the Monroe County Land Development Regulations requires the Board of County Commissioners to adopt an annual assessment of public facilities capacity for unincorporated Monroe County. WHEREAS, the Board of County Commissioners makes the following findings of facts: 1. The 2009 annual assessment is used to evaluate the existing level of services for roads, solid waste, potable water, and educational facilities; and Page 1 of 3 2. The 2010 Public Facilities Capacity Report becomes the official assessment of public facilities upon which development approvals will be reviewed and approved for the upcoming year; and 3. Section 114-2 of the Land Development Regulations provides the minimum standards for level of service for roads, solid waste, potable water and educational facilities; and 4. Section 114-2 of the Land Development Regulations requires the annual assessment of public facilities capacity to clearly state those portions of unincorporated Monroe County with inadequate or marginally adequate public facilities; and 5. The 2009 annual assessment finds that sufficient capacity exists for solid waste, potable water, and educational facilities to meet anticipated growth through 2011; and 6. The capacity assessment of transportation facilities is based on the 2009 US-1 Travel Time and Delay Study prepared by URS, the County's transportation consultant; and 7. U. S. 1 segments with reserve speeds of less than or equal to 3 mph ("marginally adequate") should be given particular attention when approving development applications; and 8. Compared to the 2008 study results, there is level of service changes to eight segments — three (3) resulted in positive level of service changes while five (5) resulted in negative level of service changes; The Boca Chica segment experienced an increase in LOS from B to A. Big Coppitt segment experienced a decrease from C to D. Cudjoe segment experienced a decrease in LOS from A to B. Big Pine segment experienced an increase in LOS from D to C. The Duck and Long segments experienced a decrease in LOS from B to C. Plantation segrnent experienced a decrease from B to C. The Cross Key segment experienced an increase from LOS E to A. Construction of the high level fixed bridge has been completed; and 9. Last year, Sugarloaf, Big Pine, Tea Table and Cross Key segments were below the LOS threshold. This year Big Coppitt, Sugarloaf and Tea Table Segments are below the LOS threshold. These segments do not have any planned improvements to curtail the travel speed reductions. All of these segments have reserve volume or reserve capacities within the 5% allocation, except for Big Coppitt. However, there is on going construction along this segment and travel speeds are expected to improve after construction is complete; and 10. In March 2009, South Florida Water Management District approved the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Florida Aquifers; and Page 2 of 3 11. The water use permit (WUP) provides an annual allocation of 8,751 million gallons or 23.98 MGD. The average daily water demand is expected to increase to 16.28 MGD due to water shortages and droughts; and 12. The planned construction of the new water supply wells and Reverse Osmosis (RO) water treatment facility will provide an additional capacity of 6.0 MGD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: The annual Assessment of Public Facilities Capacity for 2010 is approved. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15th day of December, 2010. Mayor Heather Carruthers Mayor pro tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM Mayor Heather Carruthers AT'TEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK MONROE COUNT .A�ORNEY APPRQyED A TO ORM Date: z... _ Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional and fair To: Christine Hurley, AICP, Growth Management Director Through: Townley Schwab, Director of Planning And Environmental Resources From: Kathy Grasser, Comprehensive Planner Date: November 22, 2010 RE: Annual Assessment of Public Facilities Capacity 2010 Planning staff has completed the 2010 assessment of public facilities capacity and prepared a report for consideration by the Board of County Commissioners. The public facilities assessed included Transportation, Solid Waste, Potable Water, Schools, and Parks and Recreation. The assessment was based on standard analytical methodologies and included a projection of the amount of residential and non-residential growth that can be accommodated in each of the service areas (Upper, Middle, and Lower Keys) during the ensuing year without exceeding safe and efficient provision of essential public services. The assessment did not identify any areas of inadequate facility capacity operating below the County's adopted level of service standards for County Roads, Solid Waste, Potable Water, Schools, or Parks and Recreation. However, three segments of U. S. 1 were found to have marginally capacity. Although localized deficiencies exist in certain segments of US 1, sufficient reserve capacity exists in the overall roadway system to accommodate the anticipated number of residential allocations for 2011. This year Big Coppitt, Sugarloaf and Tea Table Segments are below the LOS threshold. These segments do not have any planned improvements to curtail the travel speed reduction. All of these segments have reserve volume or reserve capacities within the 5% allocation, except for Big Coppitt. However, there is on going construction along this segment and travel speeds are expected to improve after construction is complete Future population growth in the three (3) service areas is not expected to match forecasted trends and projection because of the constraints imposed by the building permit allocation system, which regulates the amount, rate and location of growth. The number of market rate residential allocation for 2009 is not expected to exceed 197 residential units for all 3 Service Areas and the amount of non-residential development is not expected to exceed 239 square feet for each residential unit allocated. Based on the facts contained in the report, there is sufficient capacity in all public facilities to serve anticipated allocation awards for residential and non-residential development over the next twelve month period. December 15, 2010 Page 1 of 1 ExecutiveSummary ..................................................................................................... 3 I. Growth Management....................................................................................................10 II. Transportation..............................................................................................................17 III. Potable Water............................................................................................................... 28 IV. Education......................................................................................................................34 V. Solid Waste...................................................................................................................36 VI. Parks and Recreation....................................................................................................39 Monroe County Public Facilities Assessment Report 2010 Page 2 of 41 EXECUTIVE SUMMARY The Monroe County Land Development LDC (LDC) Section 114-2 mandates an annual assessment of the roads, solid waste, potable water, and school facilities serving the unincorporated portion of Monroe County. In the event that these public facilities have fallen or are projected to fall below the level of service (LOS) required by the LDC, development activities must conform to special procedures to ensure that public facilities are not further burdened. The LDC clearly states that building permits shall not be issued unless the proposed use is or will be served by adequate public or private facilities. As required by LDC Section 114-2 the BOCC shall consider and approve the annual report, with or without modifications. Any modifications that result in an increase of development capacity must be accompanied by findings of fact, including the reasons for the increase and the funding source to pay for the additional capacity required to serve the additional development. Once approved, this document becomes the official report on public facilities upon which development approvals will be based for the next year. This report distinguishes between areas of adequate, inadequate and marginally adequate facility capacity. Inadequate facility capacity is defined as those areas with capacity below the adopted LOS standard. Marginally adequate capacity is defined as those areas at the adopted LOS standard or that are projected to reach inadequate capacity within the next twelve months. FACILITIES2009 ASSESSMENT OF PUBLIC Solid waste, potable water and schools have sufficient capacity to serve the growth anticipated in 2009 at the adopted level of service. The transportation facility (roads) demonstrates marginally adequate capacity. However, in isolated situations it fails to meet the County's level of service standard. The status of each facility is summarized below. Potable Water In March 2009, South Florida Water Management District approved the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Florida Aquifers. This water use permit (WUP) provides an annual allocation of 8,751 million gallons or 23.98 MGD. The average daily water demand is expected to increase to 16.28 MGD due to water shortages and droughts. The planned construction of the new water supply wells and Reverse Osmosis (RO) water treatment facility will provide an additional capacity of 6.0 MGD. Schools Enrollment figures for the 2009-2010 through 2013-2014 school years show that none of the schools are expected to exceed their recommended capacity. Solidse Monroe County has a contract with Waste Management (WMI). The contract authorizes the use of in -state facilities through September 30, 2016, thereby providing the County with approximately eight (8) years of guaranteed capacity. Ongoing modifications at the Central Sanitary Landfill are creating additional air space and years of life. Roads: Based on the findings of the 2009 U.S. 1 Arterial Travel Time and Delay Study for Monroe County, as prepared by URS Corporation Southern Consultants, U.S. 1 has an overall level of service (LOS) C. County roads are subject to a lower standard than U.S. 1. Based on the Monroe County Public Facilities Assessment Report 2010 Page 3 of 41 analysis found in the Technical Document of the Monroe County Year 2010 Comprehensive Plan, all County roads are operating at or above LOS D. The overall travel speed on U.S. 1 for 2009 is 0.7 mph higher than the 2009 overall travel speed. The reserve speed is 1.4 mph. Traffic volumes recorded at Big Pine, Marathon and Upper Matecumbe segments have decreased when compared to last year. The second largest delay event was construction and the third largest delay event was congestion. One segment has exceeded the maximum reserve volume (trips). The Big Coppitt Segment #3 (MM 9.0 — 10.5) has exceeded the 5% allocation of trips. Sugarloaf Segment #5 (MM 16.5 — 20.5) and Tea Table Segment # Segment #18 (MM 77.5 — 79.5) has exceeded the number of trips, but are still in 5% allocation. No segment is a Level of Service E. SUMMARY Overall, most public facilities continue to be adequate. However, demands on these facilities continue to grow. The Growth Management Division is committed to monitoring changes in public facility demand and responding to changes in consumption patterns. The ability to coordinate with public facilities providers and other municipalities in the Keys will become more and more critical as we strive to maintain the quality of life we all enjoy. Monroe County Public Facilities Assessment Report 2010 Page 4 of 41 INTRODUCTION The 2009 Annual Assessment of Public Facilities Capacity is mandated by the Monroe County Land Development Code (LDC) Section 114-2, titled Adequate Facilities and Development Review Procedures. The State of Florida requires all local jurisdictions to adopt regulations ensuring "concurrency". Concurrency means "the necessary public facilities and services to maintain the adopted Level of Service (LOS) standards available when impacts of development occur" (Florida Administrative Code, Chapter 9J-5). In other words, local governments must establish regulations to ensure that public facilities and services that are needed to support development are available simultaneously with development impacts. Section 114-2 contains two main sets of requirements: the minimum service standards for the four primary public facilities (roads, solid waste, potable water, schools), and an annual assessment process to determine the available capacity of these public facilities. Section 114-2(3) requires the Director of Planning to prepare an annual report to the BOCC on the capacity of available public facilities. This report must determine the potential amount of residential and nonresidential growth expected in the upcoming year and make an assessment of how well the roads, solid waste, water supply facilities, and schools will accommodate that growth. The report considers potential growth and public facility capacity for only the next twelve months. In addition, the report must identify areas of unincorporated Monroe County with only marginal and/or inadequate capacity for public facilities. In the event public facilities have fallen or are projected to fall below the LOS standards required by the LDC, development activities must conform to special procedures to ensure that public facilities are not further burdened. The LDC clearly states that building permits shall not be issued unless the proposed use is or will be served by adequate public or private facilities. Section 114-2(b)(4) requires the Monroe County Board of County Commissioners (BOCC) to consider this report and approve its findings either with or without modifications. The BOCC cannot act to increase development capacity beyond that demonstrated in this report without making specific findings of fact as to the reasons for the increase and identifying the source of funds to be used to pay for the additional capacity. Once approved by the BOCC, this document becomes the official assessment of public facilities upon which development approvals will be based for the next year. PUBLIC FACILITIES STANDARDS There are four (4) primary public facilities that must be monitored for adequate capacity according to the LDC. They are roads, solid waste, potable water and schools. The available capacity for each of these facilities may be either sufficient to accommodate projected growth over the next year, marginally adequate, or inadequate. In situations where public facilities serving an area are projected to be only marginally adequate or inadequate over the next year, the LDC sets out a review procedure to be followed when issuing development permits in that area. Section 114-2(b)(5)b of the LDC states: "The county shall not approve applications for development in areas of the county which are served by inadequate facilities identified in the annual adequate facilities (Public Facility Capacity Assessment) report, except the county may approve development that will have no reduction in the capacity of the facility or where the Monroe County Public Facilities Assessment Report 2010 Page 5 of 41 developer agrees to increase the level of service of the facility to the adopted level of service standard." The LDC goes on to state that "in areas of marginal facility capacity as identified in the current annual adequate facilities report, the county shall either deny the application or condition the approval so that the level of service standard is not violated." The determination of an additional development's impact on existing public facilities in areas with marginal or inadequate capacity is determined by a "facilities impact report" which must be submitted with a development application. Section 114-2(a) of the LDC pertains to the minimum standards for public facilities. All development or land shall be served by adequate public facilities in accordance with the following standards: 1. Roads: a. U.S. 1 shall have sufficient available capacity to operate at a Level of Service (LOS) C on an overall basis as measured by the U.S. 1 Level of Service Task Force Methodology. In addition, the segment(s) of U.S. 1, as identified in the U.S. 1 Level of Service Task Force Methodology, which would be directly impacted by a proposed development's access to U.S. 1, shall have sufficient available capacity to operate at LOS C as measured by the U.S. 1 Level of Service Task Force Methodology. b. County Road 905 within three (3) miles of a parcel proposed for development shall have sufficient available capacity to operate at LOS D as measured on an annual average daily traffic (AADT) basis at all intersection and/or roadway segments. All secondary roads where traffic is entering or leaving a development or have direct access shall have sufficient available capacity to operate at LOS D as measured on an annual average daily traffic (AADT) basis. C. In areas which are served by inadequate transportation facilities on U.S. 1, development may be approved provided that the development in combination with all other development will not decrease travel speeds by more than five percent (5%) below LOS C. Solid Waste: Sufficient capacity shall be available at a solid waste disposal site to accommodate all existing and approved development for a period of at least three (3) years from the projected date of completion of the proposed development or use. The Monroe County Solid Waste and Resource Recovery Authority may enter into agreements, including agreements under section 163.01, Florida Statutes, to dispose of solid waste outside Monroe County. Potable Water: Sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs of a proposed development, or use. Approved and permitted sources shall include cisterns, wells, FKAA distribution systems, individual water condensation systems, and any other system which complies with the Florida standards for potable water. Monroe County Public Facilities Assessment Report 2010 Page 6 of 41 Schools: An annual assessment of parks and recreational facilities is not mandated by Monroe County Code, Section 114-2, though it is required for by the Florida Statutes. Level of Service standards for parks and recreational facilities are not mentioned in the LDC, but are listed in Policy 1201.1.1 of the Monroe County Year 2010 Comprehensive Plan. Monroe County Public Facilities Assessment Report 2010 Page 7 of 41 PERMITTING AND PUBLIC FACILITIESSERVICE LDC Section 114-2(b)(2) Adequate Facilities and Development Review Procedures divides unincorporated Monroe County into three (3) service areas for the purpose of assessing potential growth and how public facilities can accommodate that growth. The boundaries mentioned in the Monroe County Land Development Code (LDC) have been revised to account for incorporations of the Village of Islamorada and the City of Marathon. Section 114-2(b)(2) defines the county's unincorporated public facilities service areas: • Upper Keys Service Area: north of the Whale Harbor Bridge; • Middle Keys Service Area: between the Seven Mile Bridge and Whale Harbor Bridge; and • Lower Keys Service Area: south (west) of the Seven Mile Bridge. The map shows the three (3) service areas of the Keys as they are currently recognized. The Upper Keys service area includes all unincorporated Monroe County north of the Tavernier Creek Bridge. The Middle Keys includes the area of unincorporated Monroe County between the Seven -Mile Bridge and the Tavernier Creek Bridge. The Lower Keys includes unincorporated Monroe County south of the Seven Mile Bridge. Monroe County Public Facilities Assessment Report 2010 Page 8 of 41 PAEDs are the basic unit of geographical analysis used by the Planning and Environmental Resources Department. The PAEDs are a combination of "planning areas" utilized by the Planning Department in the early 1980s and the U.S. Census Bureau's "enumeration districts". These two (2) levels of analysis were combined in 1987 for ease of use. Since most PAEDs follow island boundaries, they can be aggregated to match most service districts for public facilities. There are a total of twenty-two (22) PAEDs in unincorporated Monroe County. The City of Key West (including northern Stock Island) is not contained within any PAED boundaries. The City of Key Colony Beach is contained within the geographic area of PAED 8. The City of Marathon encompasses PAEDs 7, 8, & 9. The City of Layton falls within PAED 11. The Village of Islamorada occupies PAEDs 12A, 12B, 13, & 14. PAEDs 19 and 20 are the last PAEDs before the "bend" in U.S. 1, and have been grouped together in this report because of data constraints. Monroe County Public Facilities Assessment Report 2010 Page 9 of 41 GROWTH ANALYSIS This section of the report examines the growth of Monroe County's permanent, seasonal and functional population, occupied and vacant housing data, Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) allocations and Building Department permit data. Sources of these reports come from the Monroe County Planning and Building Departments and the U.S. Census. Except where specified, all data is for the unincorporated areas of Monroe County. POPULATION COMPOSITION There are three (3) different measurements of population in Monroe County: permanent, seasonal, and functional. The capacity of most public facilities is designed based on potential peak demand. To help assess peak demand, the permanent and seasonal populations are often combined to give a "functional" population or the maximum population demanding services. Monroe County is currently updating the population projections which will be used in the 2010 Public Facilities Capacity Assessment Report. Until then, the Planning and Environmental Resources Department is using data from U. S. Census for permanent population estimates and the "Monroe County Population Estimates and Forecasts 1990-2015" to estimate seasonal population. POPULATION BREAKDOWN PERMANENT Permanent residents are people who spend all or most of the year living in Monroe County, and as such, exert a relatively constant demand on all public facilities. The permanent population estimate data was derived from the U.S. Census database. Except for the Year 2000 Decennial Census, the U. S. Census estimated the population for years 2001 through 2009 (www.census.gov). FIGURE 1.1 FUNCTIONAL POPULATION 2000-2009 2000 Census 2005 Estimate 2009 Estimate TOTAL PERMANENT 79,589 75,750 73,165 Unincorporated Seasonal 34,696 35,518 36,040 Incorporated Seasonal 38,798 38,219 37,778 TOTAL SEASONAL 73,494 73,737 73,818 TOTAL FUNCTIONAL 153,083 1 149,487 146,983 TOTAL PERMANENT from US Census TOTAL SEASONAL from MC Population Est. & Forecasts Seasonal population figures are the number of seasonal residents and visitors in the Keys on any given evening. They are composed of the tourist population and residents spending less than six months in the Keys. The seasonal population has a higher cyclical demand on public facilities like roads and solid waste. Seasonal population can be derived from hotels, motels, campsites, recreational vehicles, live aboard vessels, those staying with friends and relatives, and vacation rentals. The vacation rentals are accounted for within the census data under housing units, designated as "vacant" and "seasonal, recreational, or occasional use". The Tourist Development Council indicates that Monroe County hosts around three million visitors a year, however not all of these people are in the Keys on the same evening. Monroe County Public Facilities Assessment Report 2010 Page 10 of 41 Peak seasonal population figures represent the number of people who could stay on any given evening based upon peak occupancy rates and therefore represent the peak demand which could be placed on public facilities from seasonal visitors on any given evening. When the peak seasonal population figures are combined with the permanent resident population, the result is the total functional population. The adjacent table is the functional population data for Monroe County for the years 2000, 2005 and 2009. In 2000, the census was taken for the county. The functional population is the sum of the number of permanent residents and the peak seasonal population. This chart shows the total permanent population for all of Monroe County, the unincorporated and incorporated seasonal population data for the three years. The total permanent population for year 2000 was the actual census and is used as a baseline. Years 2005 and 2009 are estimate of the population. The total permanent TREND IN FUNCTIONAL POPULATION CHANGES population has shown a 153,500 decrease from 79,589 in 153,000 ,-_ _ _ 2000 to 73,165 in 2009. 0 152.500 }_ _ This is a decrease of 8% or o ,5z,000 _ _ 6,424 persons. The _ _ a seasonal population data 151.500... comes from the Monroe 151.000 County Planning a 150,500. _ -- Department's "Monroe 150,000 _ ____ County Population ulation N th to n m OJ O � N th < YI s g$ 8 g S$ Estimates and Forecasts N N N N N N N N N N N N N N N N 1990-2015." This data determined the amount of seasonal population into unincorporated and incorporated segments. According to this data, seasonal population in the unincorporated areas increased by 1,344 persons between 2000 and 2009. This is a 4% increase in seasonal population. Contrary to the seasonal incorporated areas which decreased in population from the 9 year period, 1,020 persons or 3% reduction of seasonal population occurred in the incorporated areas. Overall, the functional population decreased from 153,083 to 146,983. This was a reduction of the population by 6,100 or 4%. Monroe County is in the process of updating the population projections. This data will be available in the next Public Facilities Capacity Report. 011fimm According to the U.S. Census, housing units are broken down into occupied and vacant units. The Census defines housing units as "a house, apartment, group of rooms, or single room occupied or intended for occupancy as separate living quarters." Occupied housing units are occupied if there is "at least one person who lives in the unit as a usual resident at the time of the interview, or if the occupants are only temporarily absent, for example, on vacation. However, if the unit is occupied entirely by people with a usual residence elsewhere, the unit is classified as vacant, such as seasonal units. Monroe County Public Facilities Assessment Report 2010 Page 11 of 41 The following data was taken from the U.S. Census, American Communities Survey 2006-2008 data. During this time in Monroe County, there were a total of 53,646 housing units, of which the occupied housing units accounted for 55.9% or 29,964 units and the vacant units accounted for 44.1 % or 23,682 units. Vacancy rates for homeowners accounted for 6.9% and rentals were a bit higher at 13.5%. HOUSING OCCUPANCY Estimate Percent Occupied housing units 29,964 55.9% Vacant housing units 23,682 44.1 % Total housing units 53,646 53,646 Homeowner vacancy rate 6.9 (X Rental vacancy rate 13.5 According to the U.S. Census, out of the 29,964 housing units in Monroe County, 20,655 or 68.9% are owner -occupied and 9,309 units or 31.1% are renter -occupied. The average size of a household unit during this time was 2.39 persons. The average size of a renter -occupied unit was 2.45 persons. Occupied housing units 29,964 29,964 Owner -occupied 20,655 68.9% Renter -occupied 9,309 31.1 % Average household size of owner -occupied unit 2.39 (X Average household size of renter -occupied unit 2.45 N (htto://fastfacts.census.gov/servIeVADPTable? bm=y&-geo id=05000US12087&-or name=ACS 2008 3YR G00 DP3YR4&- context=adr)&-ds name=& -tree id=3308&- lang=en&-redoLoa=false&-format=) ! 1 ' ! ' !gi The number of dwelling units which can be permitted in Monroe County has been controlled by a Residential Dwelling Unit Allocation System (Rate of Growth Ordinance or ROGO) since July of 1992 (Ordinance 016-92). ROGO was developed as a response to the inability of the road network to accommodate a large-scale hurricane evacuation in a timely fashion. It is used as a tool to equitably distribute the remaining number of permits available both geographically and over time. Nonresidential permits include everything that is not residential, such as industrial, commercial, nonprofit and public buildings, and replacement or remodeling of existing nonresidential structures and is regulated by the Nonresidential Rate of Growth Ordinance (NROGO). Vested and ROGO exempt hotels, motels, campgrounds, marinas and other commercial facilities are also included. The nonresidential square footage allocation is 239 square feet for each issued new residential dwelling unit permit. On average, the BOCC approves an annual availability of 35,000ft2 of NROGO floor area allocations. Monroe County Public Facilities Assessment Report 2010 Page 12 of 41 Monroe County Comprehensive Plan Policy 101.3.1 limits the County's availability of nonresidential square footage that may be permitted. This policy assures that the balance of residential to nonresidential development is maintained. Policy 101.3.1 states: "Monroe County shall maintain a balance between residential and non-residential growth by limiting the square footage of non-residential development to maintain a ratio of approximately 239 square feet of new non-residential development for each new residential unit permitted through the Residential Permit Allocation System." HISTORY e Tier S ste On September 22, 2005, the BOCC adopted Ordinance 025-2005 which revised ROGO and NROGO to utilize the Tier overlay as the basis for the competitive point system. On March 15, 2006, the BOCC adopted Ordinance 009-2006 to implement the Tier System, a Rate of Growth Ordinance. The Tier System changed the service areas (subareas boundaries) mentioned in the Introduction. It is the basis for the scoring of NROGO and ROGO applications and administrative relief. The new ROGO and NROGO subareas are the Lower Keys (Middle Keys are not included in the Lower Keys), Upper Keys, and Big Pine / No Name Keys. Tier Ordinance 009-2006 provides vesting provisions and allows for allocation of an annual cap of 197 residential dwelling units. Big Pine and No Name Keys The Livable CommuniKeys Plan Master Plan for Future Development of Big Pine Key and No Name Key was adopted on August 18, 2004 under Ordinance 029-2004. The LCP envisioned 47,800ft2 of nonresidential floor area over a twenty year period (from the date of the adopted ordinance) to be used for infill and expansion of existing businesses. On August 18, 2004 under Ordinance 029-2004, The Livable CommuniKeys Program (LCP), Master Plan for Future Development of Big Pine Key and No Name Key was adopted. Based on the revised 2010 Comprehensive Plan and the LCP adopted maps; these two keys are now evaluated as their own subarea. The LCP envisioned the issuance of 200 residential dwelling units over 20 year horizon or 10 dwelling units per year to be issued on the two Keys. Twenty percent (20%) or two (2) residential dwelling units per year are to be set aside for affordable housing development. Efforts to address the development impacts on the habitat of the Key Deer, Lower Keys Marsh Rabbit and the Eastern Indigo Snake on Big Pine Key and No Name Key started in the mid- 1980s. In 1998, Monroe County, the Florida Department of Transportation (FDOT) and the Florida Department of Community Affairs (DCA), signed a Memorandum of Agreement in which they committed to develop a Habitat Conservation Plan (HCP) for these two Keys. On June 9, 2006, a Federal Incidental Take Permit (#TE08341 1 -0, ITP) from the U.S. Federal Fish and Wildlife Commission was issued to three (3) permittees: Monroe County, Florida Department of Transportation, and the Florida Department of Community Affairs. The ITP ensures that development bears its fair share of required mitigation and that the take of the covered species is minimized and mitigated. Monroe County Public Facilities Assessment Report 2010 Page 13 of 41 RATE OF GROWTH 0RD1NANLLjRQgQjANALjM There is a time lapse which occurs between the ROGO allocation date and the permit issuance date. The allocation of ROGO is always issued prior to the building permit. The data presented in the table does not include allocations issued in Key West, Key Colony Beach, Layton, Islamorada or Marathon. ROGO ALLOCATIONS YEAR 14 ALLOCATIONS MARKET RATE 126 AFFORDABLE HOUSING 47 TOTAL ALLOCATIONS 173 YEAR 15 ALLOCATIONS MARKET RATE 26 AFFORDABLE HOUSING 17 TOTAL 43 YEAR 16 ALLOCATIONS MARKET RATE 126 AFFORDABLE HOUSING 159 TOTAL 285 YEAR 17 ALLOCATIONS MARKET RATE 227 AFFORDABLE HOUSING 0 TOTAL 227 YEAR 18 ALLOCATIONS MARKET RATE 126 AFFORDABLE HOUSING 0 TOTAL 126 ROGOALLOCATIONS ROGO Year 13, Period 2, (January 13, 2005 — July 14, 2005) Thirty-seven (37) residential dwelling unit allocations were issued throughout the lower, middle and upper keys. ROGO Year 1 (July 13, 2005 - July 1, 206) One -hundred and twenty-six (126) market rate and forty-seven (47) affordable housing allocations were approved. On July 19, 2006, the BOCC approved the reservation of forty (40) affordable housing allocations (Ordinance 273-2006). ROGO Year 15 (July 15, 2006 July 13, 2007) One -hundred and twenty-six (126) market rate ROGO allocations were awarded. There were seventeen (17) affordable housing allocations awarded of which five (5) allocations were reserved by County Resolution 273-2006. ROGO Year 16 (July 1, 2007 - July 1, 20) One -hundred and twenty-six (126) market rate ROGO allocations and twenty-six (26) affordable housing allocations were awarded. On July 19, 2006, the BOCC approved Resolution 273-2006 reserving one -hundred and thirty-three (133) affordable housing allocations. Eighty-four (84) allocations were reserved for Islander Village and forty-nine (49) to Flagler prior to the end of ROGO Year 16. ROGO Year 17 (July 15, 2008 — July 1, 200) Two -hundred and twenty-six (226) market rate ROGO allocations, ninety-one (101) administrative relief allocations and thirty-one (31) affordable housing allocations were awarded. The BOCC Resolution 077-2008 reserved sixteen (16) Affordable Housing allocations. A total of eighty (80) market rate exemption transfers and eight transient exemption transfers were received from several Development Agreements. An allocation award expires when its corresponding building permit is not picked up after sixty (60) days of notification by certified mail of the award or, after issuance of the building permit, Monroe County Public Facilities Assessment Report 2010 Page 14 of 41 or upon expiration of the permit. There were twenty-two (22) expired allocations and permits in Year 17. Ten (10) expired allocations were in the lower subarea and three were located in the upper subarea. Six (6) expired permits were in the lower subarea and three (3) were located in the upper subarea. Based on the allotted allocations per year, expired allocation awards/permits, and development agreements a total of 229 market rate allocations were available in Year 17. ROGO Year 1 (July 14. 2009 — July 12. 010) One -hundred and twenty-six (126) market rate ROGO allocations and zero affordable housing allocations were awarded. However, thirty-one (31) affordable housing rollover from ROGO Year 17 and sixty-nine (69) new allocations were made available. Therefore, a total of one hundred (100) affordable housing allocations are available this year. NONRATE OF GROWTH ORDINANCE (NROGO) ANALYSIS The Building Department tracks the amount of square footage allocated and permits issued in unincorporated Monroe County. The last six (6) NROGO years are examined below. Year 13 data is for Period 2 only. Year 18 data is for Period 1 only NROGO Years are from July to July of the next year. YEAR 14 (JULY 2005 — JULY 2006) The BOCC approved the availability of 16,000ft2 of NROGO floor area. Eight (8) building permits were issued in the upper and lower keys with a total allocation of 12,594ft2 of nonresidential floor area. YEAR 15 (JULY 2006 — JULY 200D With the adoption of the Tier System ordinance in 2004, Big Pine Key / No Name Key became its own subarea. The BOCC approved the availability of 18,000ft of NROGO floor area. Five (5) building permits were issued in the upper and lower Keys and Big Pine Key / No Name Key with a total allocation of 12,500ft2 of nonresidential floor area. YEAR 16 (JULY 207 JULY 200} The BOCC approved the availability of 17,500ft2 of NROGO floor area. Ten (10) building permits were issued in the upper and lower Keys and Big Pine Key / No Name Key with a total allocation of 17,938ft2 of nonresidential floor area. YEAR 17 (JULY 28 - JULY 20091 The BOCC approved the availability of 35,00ft2 of NROGO floor area for Year 17. For the first period of Year 17, six (6) building permits were issued in the lower Keys and Big Pine Key / No Name Key with a total allocation of 13,056ft of nonresidential floor area. YEAR 18 Period1 (JULY 2009 - JANUARY 12, 010) The BOCC approved the availability of 35,000ft2 of NROGO floor area for Year 18. For the first period of Year 17, three (3) building permits were issued in the lower Keys and Big Pine Key / No Name Key with a total allocation of 4,008ft2 of nonresidential floor area. Monroe County Public Facilities Assessment Report 2010 Page 15 of 41 In the past 9 years, 325 mobile homes were replaced with other mobile homes. Compared to 2008 which had 18 replaces, less than half were replaced in 2009 (7). Replacements of single family residences were the same in 2008 and 2009 at 24 units per year. During 2009, only 30 mobile homes were replaced with single family residences compared to 54 residences in the 2008. Mobile Home - REPLACEMENT CO ISSUED YEAR 2000 Count 89 2001 Count 41 2002 Count 47 2003 Count 34 2004 Count 27 2005 Count 28 2006 Count 22 2007 Count 12 2008 Count 18 2009 Count 7 Grand Count 325 Single Family Residents - REPLACEMENT CO DATE YEAR 2000 Count 30 2001 Count 14 2002 Count 18 2003 Count 26 2004 Count 19 2005 Count 19 2006 Count 18 2007 Count 30 2008 Count 24 2009 Count 24 Grand Count 222 Mobile Home with Single Residents - REPLACEMENT Family CO DATE YEAR 2000 Count 32 2001 Count 11 2002 Count 14 2003 Count 27 2004 Count 85 2005 Count 90 2006 Count 136 2007 Count 143 2008 Count 54 2009 Count 30 Grand Count 622 Ocean Reef is not subject to the Rate of Growth Ordinance (ROGO) regulations. Permits are counted separately. After a permit search, permit data was found on 77 single family residences built since 2000. Only four had certificate of occupancies in 2009 compared to six in 2008. SINGLE FAMILY RESIDENTIAL - OCEAN REEF CO DATE YEAR 2000 21 2001 22 2002 11 2003 4 2004 1 2005 5 2006 1 2007 2 2008 6 2009 4 Grand Total 77 Monroe County Public Facilities Assessment Report 2010 Page 16 of 41 Roads are one (1) of the four (4) critical public facilities identified for annual assessment in the Monroe County Land Development LDC (LDC). Regulations require all segments of U.S. 1 to remain at a LOS C or higher and all county roads to remain at a LOS D or higher. Monroe County has conducted travel time and delay studies of U.S. 1 annually since 1992. The primary objective of the U.S. 1 Arterial Travel Time and Delay Study is to monitor the level of service on U.S. 1 for concurrency management purposes pursuant to Chapter 163, Florida Statutes and Section 114-2(a) of the Land Development Code. The study utilizes an empirical relationship between the volume -based capacities and the speed -based level of service methodology developed by the U.S. 1 Level of Service Task Force. The U.S. 1 Level of Service Task Force is a multi -agency group with members from Monroe County, the Florida Department of Transportation and the Florida Department of Community Affairs. The 1997 adopted methodology considers both the overall level of service from Key West to the mainland and the level of service on 24 selected segments. The methodology was developed from basic criteria and principles contained in Chapter 7 (Rural Multilane Highways), Chapter 8 (Rural Two -Lane Highways) and Chapter 11 (Urban and Suburban Arterials) of the 1985 Highway Capacity Manual. This section of the report investigates the current capacity of the transportation network in Monroe County. The analysis includes changes in traffic volumes, the U.S. 1 level of service (LOS), the reserve capacity of the highway and county roads, and the Florida Department of Transportation Five -Year Work Program for Monroe County. All data and analysis was obtained from the `2009 U. S. 1 Arterial Travel Time and Delay Study' prepared by URS Corporation Southern, 3343 W. Commercial Blvd., Suite 100, Fort Lauderdale, Florida 33309. EXISTING ROADWAY FACILITIES There are over 100 miles of islands in Monroe County connected by 42 bridges on one single highway. This single highway, the Overseas Highway (U.S. 1), functions as a collector, an arterial, and the "Main Street" for the Keys. U.S. 1 is a lifeline for the Keys from both public safety and economic perspectives. Each day it carries food, supplies and tourists from the mainland. In the event of a hurricane, it is the only viable evacuation route to the mainland for most of Monroe County. U.S. 1 in Monroe County is predominantly a two-lane road. Of its 112 total miles, approximately 80 miles (74%) are two-lane segments that are undivided. The four - lane sections are located on Key Largo, Tavernier (MM 90 to 106), Marathon (MM 48 to 54), Bahia Honda (MM 35 to 37), and from Key West to Boca Chica (MM 2 to 9). In addition to U.S. 1, there are 450 miles of county (secondary) roads with 38 bridges. Combined, U.S. 1 and county (secondary) roads have approximately 340 intersections in the Keys. The Monroe County Division of Public Works is charged with maintaining and improving secondary roads within the boundaries of unincorporated Monroe County. The Florida Department of Transportation (FDOT) is responsible for maintaining U.S. 1. Monroe County Public Facilities Assessment Report 2010 Page 17 of 41 VOLUMESTRAFFIC Traffic counts can be very useful in assessing the capacity of the road network and help determine when capacity improvements need to be made. The ADT information is used in a formula called a "weekly factor" to estimate the annual average daily traffic. This is an estimated average amount of traffic at a particular location on any given day of the year. In Monroe County, traffic counts have been conducted in the same locations since 1993. These counts occur at Mile Marker 84 on Upper Matecumbe, Mile Marker 50 in Marathon, and Mile Marker 30 on Big Pine Key. The counts are usually performed during the six -week peak tourist season which begins in the second week of February. This year's counts were completed between February 26 and March 11, 2009. U.S. 1 is a predominately a four -lane facility in Marathon and a two-lane facility in Upper Matecumbe and Big Pine Key. Seven-day continuous traffic counts recorded at three locations along U.S. 1 yielded the following average daily traffic (ADT) and annual average daily traffic (AADT) volumes for 2009. These volumes for 5-day and 7-day are averages of the raw volumes counted. The volumes have been adjusted using 2006 seasonal and axle factors to estimate the 2009 AADT's. Location Year 2009 5-Day ADT 7-Day ADT AADT B Big Pine Key (MM 30) 21,242 20,656 16,680 Marathon (MM50) 34,193 32,298 26,081 Upper Matecumbe MM 84 23,071 23,016 18,585 FIGURE 2.2 _ The average weekday (5-Day ADT) TRAFFIC COUNTS FOR 2008 AND 2009 MmM show a decrease at the three 2008 2009 % Change locations. The 7-Day ADT increased between 2008 and 2009 in _Ak Pine Re (MM 30 Big Pine Key and Marathon and Day ADT 21,495 21,242 -1.18% _ decreased in Upper Matecumbe. 7-Day ADT 20,612 _ 20,656 0.21 % _r_s Overall, the AADT increased both in AADT 16,308 _16,680 2.28% ' Big Pine Key and Marathon while Marathon (MM SP) decreasing in Upper Matecumbe. 5-Day 34,414 34,193 _ -0.64% 7-Day ADT 31,731 32,298 1.79% The two primary measurements for _.._ AADT 25,106 26 081 3.88% determining traffic volumes are the � __.., er Matecumbe (MM 84) average daily traffic (ADT) or Upp � _ ° weekday count, and the annual 5-Da ADT 23,416 23,071 -1.47 /o ®, average daily traffic (AADT) which 7-Day ADT 23 024 23,016 -0.03% includes the weekend. ADT counts AADT 19,008 18,585 -2.230/. are collected from both directions over seven twenty-four hour periods which usually include a weekend. The amount of traffic counted over the week is then divided by five or seven to yield the average daily traffic for a particular location. Monroe County Public Facilities Assessment Report 2010 Page 18 of 41 A detailed historical comparison of the AADT traffic counts at all three (3) locations for the 2000 to 2009 period is shown in Figure 2.3. Overall, traffic volumes have decreased over the past nine (9) years. CHART 2.3 HISTORICAL COMPARISON OF AADTs 1998-2009 33,000 31,000 v 29,000 LL 27,000 J a 25,000 G w 0 23,000 a21,000 J 19,000 z z a 17,000 15,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 YEAR LEVEL OF SERVICE ) LEVELOVERALL . For the purposes of this study, overall speeds are those speeds recorded over the 108-mile length of U.S. 1 in the Keys between Key West and Dade County. Overall speeds reflect the conditions experienced during long distance or through trips. Given that U.S. 1 is the only principal arterial in Monroe County, the movement of through traffic is an important consideration. The overall level of service or capacity of the entire length of U.S. 1 is measured in the average speed of a vehicle traveling from one end to the other of U.S. 1. Both Monroe County and the Florida Department of Transportation have adopted a LOS C standard for the overall length of U.S. 1. In other words, a vehicle traveling from Mile Marker 4 to Mile Marker 112 (or vice versa) must maintain an average speed of at least 45 mph to achieve the LOS C standard. The median overall speed during the 2009 study was 46.6 mph, which is 0.2 mph higher than the 2008 median speed of 46.2 mph. The mean operating speed was 46.3 mph with a 95% confidence interval of plus or minus 0.7 mph. The mean and median speeds correspond to LOS C conditions. The highest overall speed recorded in the study was 48.4 mph (similar to the 2008 highest overall speed of 48.2 mph), which occurred on Thursday, March 5, 2009 between 3:15 p.m. and 5:45 p.m. in the southbound direction. The lowest overall speed recorded was 42.6 mph (4.1 mph higher than the 2008 lowest overall speed of 38.5 mph) which occurred on Monday, March 2, 2009 between 9:45 a.m. and 12:40 p.m. in the southbound direction. Monroe County Public Facilities Assessment Report 2010 Page 19 of 41 TABLE 2.6 DESCRIPTION OF US 1 ROADWAY SEGMENTS nt E Mile Marker Ran aControl Points Keys) Approx. B in Entl eg n n er PAED . 1 4 5 Cow Key Bridge (N) Key Haven Stock Island, Key Haven 1 Boulevard 2 5 g Key Haven Boulevard Rockland Drive Boca Chica, Rockland 2 3 9 10.5 Rockland Drive Boca Chica Road Big Coppitt 2 4 10.5 16.5 Boca Chica Road Harris Channel Shark, Saddlebunch 3 Bride N 5 16.5 20.5 Hams Channel Bow Channel Bridge Lower & Upper 3 Bridge N N Sugarloaf 6 20.5 23 Bow Channel Spanish Main Drive Cudjoe 4A Bride N 7 23 25 Spanish Main Drive East Shore Drive Summerland 4A 8 25 27.5 East Shore Drive Torch -Ramrod Ramrod 4A grid e S 9 27.5 29.5 Torch -Ramrod N. Pine Channel Little Torch 4A Brid e S Bridge(N) 10 29.5 33 N. Pine Channel Long Beach Drive Big Pine 5 Bridge(N) 11 33 40 Long Beach Drive 7- Mile Bridge (S) W. Summerand, Bahia 6 Honda, Ohio 12 40 47 7- Mile Bridge S 7- Mile Bridge N 7-Mile Bride 6 13 47 54 7- Mile Bridge (N) Cocoa Plum Drive Vaca, Key Colony 7 Beach 14 54 60.5 Cocoa Plum Drive Toms Harbor Chgrid Fat Deer Crawl, Grassy 8 e S 15 60.5 63 Toms Harbor Ch Long Key Bridge (S) Duck, Conch 10 Bridge(S) 16 63 73 Lsong Key Bridge Channel #2 Bridge Long, Fiesta, Craig 11 17 73 77.5 Channel #2 Bridge Li numvitae Bridge Lower Matecumbe 12A 18 77.5 79.5 Lignumvitae Bridge Tea Table Relief 12A S Bridge(N)Fill 19 79.5 84 Tea Table Relief Whale Harbor Bridge Upper Matecumbe 13 Bridge(N) (S 20 84 86 Whale Harbor Snake Creek Bridge Windley 12B Brid e S N 21 86 91.5 Snake Creek Ocean Boulevard Plantation 14 22 91.5 99.5 Ocean Boulevard Atlantic Boulevard Tavernier 15 & 16 23 99.5 106 Atlantic Boulevard C-905 Key Largo 17 - 20 24 106 112.5 C-905 County Line Sin Key Largo, Cross Key 22 NOTE: N and S refer to the north and south side of the bridges respectively Source: 2008 Arterial and Travel Time/ Delay Study, URS Inc. LEVEL OF SE VICE ON U.S. 1 SEGMENTS There are twenty four (24) segments of U.S. 1 from Mile Marker 4 to Mile Marker 112. The segments were defined by the U.S. 1 Level of Service Task Force to reflect roadway cross sections, speed limits, and geographical boundaries (Figure 2.6). Segment speeds reflect the conditions experienced during local trips. Given that U.S. 1 serves as the "main street" of the Keys, the movement of local traffic is Page 20 of 41 also an important consideration on this multipurpose highway. However, the determination of the median speed on a segment is a more involved process than determining the overall level of service since different segments have different conditions. Segment conditions depend on the flow characteristics and the posted speed limits within the given segment. The Land Development Code requires each segment of the highway maintain a LOS of C or better. The LOS criteria for segment speeds on U.S. 1 in Monroe County depend on the flow characteristics and the posted speed limits within the given segment. Flow characteristics relate to the ability of a vehicle to travel through a particular segment without being slowed or stopped by traffic signals or other devices. Segments with a series of permanent traffic signals or other similar traffic control devices in close proximity to each other are considered to be "Interrupted Flow Segments" and are expected to have longer travel times due to the delays caused by these signals or control devices. Roadway segments without a series of signals or control devices are considered to be "Uninterrupted Flow Segments". Uninterrupted segments may have one or more traffic signals, but they are not in close proximity to one another as in the interrupted segment case. The methodology used to determine median speed and level of service on a particular segment is based upon that segment's status as an interrupted or uninterrupted flow segment. IntemQted Flow Uninterrupted Flow LOS A> 35 mph LOS A 1.5 mph above speed limit LOS B> 28 mph LOS B 1.5 mph below speed limit LOS C> 22 mph LOS C 45 mph below speed limit LOS D> 17 mph LOS D 7.5 mph below speed limit LOS F> 13 mph LOS E 13.5 mph below speed limit LOS F< 13 mph LOS F more than 13.5 mph below speed limit For all "uninterrupted" segments containing isolated traffic signals, the travel times were reduced by 25 seconds per signal to account for lost time due to signals. The Marathon and the Stock Island segments are considered "interrupted" flow facilities. Therefore, no adjustments were made to travel times on these segments. Monroe County Public Facilities Assessment Report 2010 Page21 of41 Compared last year's (2008) study results, there is level of service changes to eight segments — three (3) resulted in positive level of service changes while five (5) resulted in negative level of service changes. The Boca Chica segment (Segment 2) increased from LOS `B' to LOS `A' The Big Pine (Segment 10) increased from LOS `D" to LOS `C' The Cross segment (Segment 24) increased from LOS `E' to LOS `A' The Big Coppitt (Segment 3) decreased from LOS `C' to LOS `D' The Cudjoe segment (Segment 6) decreased from LOS `A" to LOS `B" The Duck segment (Segment 15) decreased from LOS `B' to LOS `C' The Long Key segment (Segment 16) decreased from LOS `B' to LOS `C' The Plantation segment (Segment 21) decreased from LOS `B' to LOS `C' Compared to 2008, the median segment speeds increased in ten (10) of the 24 segments ranging between 0.4 mph to 13.8 mph. Fourteen segments experienced a decrease in median speeds, ranging from 0.1 mph to 3.4 mph, compared to last year's data. The biggest difference in speed change was observed for Segment 24, the level of service changed from LOS `E' to LOS `A' because most of the construction work has been completed and the bascule bridge was replaced with a fixed —span bridge. FLAY EVENTS A delay event occurs whenever the speed of the test vehicle fell below 5 mph. The delay event continues until the test vehicle's speed rose to 15 mph. During the study, the observers encountered a total of 123 separate delay events (a 10% increase compared to the 2008 study). Six of these delay events totally 20 minutes and 50 seconds were excluded from the overall travel times. The excluded delay events were caused by non -recurring congestion events such as accidents, school bus, roadside construction. In addition to these six delay events, the 6 drawbridge delay events were also excluded from the segment travel times (41 minutes and 51 seconds). The mean delay per trip is the total delay recorded for a given sources divided by the study's 28 one-way trips. The mean delay per trip is found to be 5 minutes and 19 seconds (a 1 minute and 51 second increase in delay compared to the 2008 data). SIGNAL DELAYS The largest single delay source along U.S. 1 in Monroe County is the traffic signal. During the 2009 study, 99 (80%) out of 123 delay events were caused by signals which is 5% higher than the 2008 study. The signal delays accounted for 1 hour 19 minutes and 43 seconds (53% of total delays). The mean delay per event for signals in segments 5, 10, 13, 14, 21 and 22 are higher than the LOS C threshold value of 25 seconds, which is the signal impact discount in the methodology. The signal on Big Pine Key segment (Segment 10) caused 18 (18%) signals delay events accounting for 31 minutes and 22 seconds. Key Deer Boulevard signal was the most significant delay causing 18 signal delay events accounting for 31 minutes and 22 seconds (39% of the total signal delays). The mean delay per event at Key Deer Boulevard signal was higher than the threshold of 25 seconds at 1 minute and 45 seconds. The mean delay per trip was also higher than the threshold of 25 seconds at 1 minute and 7 seconds. Monroe County Public Facilities Assessment Report 2010 Page 22 of 41 The signals on the Marathon segment (Segment 13) were the second most significant causing 36 signal delay events account for 20 minutes and 2 seconds (25% for the total signal delays). The mean delay per event at the Marathon signals was higher than the 25 seconds threshold at 22 seconds. The mean delay per trip was higher than the 25 seconds threshold at 43 seconds. The accident delays were the third largest delay events during the 2009 study. There were three (3) accident delays recorded during the 2009 study accounting for 16 minutes and 47 seconds. The accident delays account for 11 % of the total delays. No accident delays were recorded during the 2008 study. The drawbridge delays were excluded from the overall travel time. TURNING VEHICLE LAY There were 7 left -turn delays amounting to 2 minutes and 35 seconds during this year's study. The total delay time related to turns increased compared to last year's turn delays of 58 seconds. BRIDGEDRAW There is one drawbridge along the length of U.S. 1 in Monroe County, across Snake Creek. This year drawbridge delays were the second largest delay events. The Snake Creek Draw Bridge (between Segments 20 and 21) created six (6) drawbridge related delay during this year's travel time runs, totally 41 minutes and 51 seconds. The drawbridge delay events and total time were significantly higher in the 2009 study compared to the 2008 study accounting for only 4 minutes and 21 seconds. The drawbridge delays were excluded from the segment travel time but are included in the overall travel time. CONGESTION DELAY The delays caused by congestion were not that significant during 2009. In previous years, congestion delays were caused by events such as the Kid's Carnival (MM 34) and the Islamorada Flea Market. In 2009, the largest congestion delay occurred at Segment 20 at Snake Creek Bridge. The congestion delay events contributed an average of 8 seconds per trip, a significant decrease compared to last year's average delay per trip of 57 seconds. Four congestion delay events amounted to 3 minutes and 37 seconds during the 2009 study. ��Z�Ft�i�+�Fi • i► � W The construction delay was the fourth largest delay. During the 2009 study there was on -going construction at the following segments: 1. Stock Island (Segment 1) 2. Big Coppitt (Segment 3) 3. Duck (Segment 15) 4. Snake Creek Bridge (Segment 21) 5. Cross (Segment 24) The construction delay events accounted for 4 minutes and 3 seconds in 2009. This is a significant decrease from 2008 construction delays accounting for 12 minutes and 1 second. During years 2007 and 2008 construction delays occurred mostly along Cross segment (Segment 24). The construction of a high level fixed bridge has been completed along Cross segment and speeds along the approach sections of the segment that are still under construction were observed to be above the posted speed limit. Monroe County Public Facilities Assessment Report 2010 Page 23 of 41 The posted speed limit affects both the segment and the overall LOS. For instance, a lower speed limit could benefit a segment's LOS by reducing the difference between the travel speed and the posted speed limit. The reduction in the speed limit negatively impacts the overall LOS because motorists tend to travel at reduced speeds to comply with the speed limits, whereas the overall LOS C threshold is set at 45 mph regardless of the speed limits changes. For these reasons, the posted speed limit is an important component in this study. In Big Pine Key, due to the Key Deer habitat, the speed limit is strictly enforced with additional signs and frequent police presence. The travel speeds in this segment were observed to be near the posted speed limit, unless impeded by delays created by the signal. FIGURE 2.7 US 1 SEGMENTS STATUS MEDIAN SPEEDS AND CHANGE 2008-2009 2009 2008 2009 2008 Median Median Numeric Se merit LOS LOS Seed SeedChange - 11_.. 2 4-5 _, Stock Islandm 5-9 Boca Chica B A B 34.2 31.7 B 56.7 1 55.5 2.5 1.2 _p _-_.._.__. .wW _�.. 3 9-10.5 Bi Co itt 4 Saddlebunch ...� _... D� C $ 42.3 45.7 -3.4 -. . C C 52.4 51.6 0.8 _10.5-16.5 5 16520.5 Sugarloaf D D 46.8 47.2 -0.4 6 .. 203 Cud'oe B A 47.0 47.7 -0.7 7 ,m, 23-25 Summerland B �� B U.7 46.4 . -1.7 8� 25-275 Ramrod A A 47.6 47.7 -0.1 9 27.5-29.5 Torch .. -_. A A 47.9 46.6 46.6 _.3 1.3 _ 10 11 12 �. 29.5-33 Bi Pine 33-40 Bahia Honda 40-47 �7--Mile Bride C B � B D 37.9 35.7 B 51.7 6-2 B 55.4 561 �37.30.9 2.2 0.6 0 7 13 47-54 Marathon _ 14 3 54-60.5-� Grass 15 Duck_ A C C A 38.2 C 50.3 50.7 B 51.3 54.4 -0.4 -3.1 __60.5-63 16 63-73 Low C B 51.3�52.3 -1.0 17 18 _ 73-77.5 1L. Matecumbe - 77 5 79.5 Tea Table C _ D C 51.4 51.00 D 48.5 50.0 . . 4 1 5 19 79.5-84 U. Matecumbe C C 3 40.8 42.1 -1.3 20 84-86 Windle A A 42.2 43.8 -1.6 21 22 .. 86 915 Plantation 91 5-99.5 Tavernier C A B 39.6 41.9 A 48.2 47.6 2.3 0 6 23 99.5-106 Lar o A A 46.0 44.4 .n_,.__.® 1.6 ......m m 24 106-112.5 Crossn� A E52.1 38.3 13.8 Overall C C 46.6 46.4 0.2 Monroe County Public Facilities Assessment Report 2010 Page 24 of 41 Due to construction in 2009 the posted speed limit was changed from 45 mph to 35 mph in some sections of the following segments: 1. Stock Island (Segment 1) 2. Bog Coppitt (Segment 3) 3. Duck (Segment 15) 4. Snake Creek Bridge (Segment 21) 5. Cross (Segment 24) This caused these segments' medium speed to decrease since year 2008. In Segment 15 and Segment 21, this action caused the LOS to decrease. A large part of the traffic in Monroe County consists of tourist travelers, who generally tend to have a leisurely driving style. The traffic also tends to include a large number of recreational vehicles. Combined with some slow moving heavy vehicles, the travel speeds tend to go below the speed limits when there are no opportunities for faster moving vehicles to pass. Such impacts are evident on 16 of the 24 segments operating below the posted speed limits. RESERVE CAPACITIES The difference between the median speed and the LOS C standard gives the reserve speed, which in turn can be converted into an estimated reserve capacity of additional traffic volume and corresponding additional development using mathematical formulas. The median overall speed of 46.6 mph compared to the LOS C standard of 45 mph leaves an overall reserve speed of 1.6 mph. The reserve speed is then converted into an estimated number of reserve trips. The estimated reserve capacity is then converted into an estimated capacity for additional residential development, assuming balanced growth of other land uses. Applying the formula for reserve volume to each of the 24 segments of U.S. 1 individually gives maximum reserves volumes for all segments totally 86,707 trips. These individual reserve volumes may be unobtainable, due to constraint imposed by the overall reserve volume. County regulations and FDOT policy allow segments that fail to meet LOS C standards to receive an allocation not to exceed five percent (5%) below the LOS C standard. The flexibility allows a limited amount of additional land development to continue until traffic speeds are measured again next year or until remedial actions are implemented. These segments are candidates for being designated either `backlogged' or `constrained' by FDOT. Based on this year's results, Big Coppitt (Segment 3), Sugarloaf (Segment 5) and Tea Table (Segment 18) are below the LOS C threshold. However, Sugarloaf and Tea Table have reserve capacity within the 5% allocation and Big Coppitt segment is under construction. Segments that have used -up the 5% reserve trips are restricted from new development or redevelopment, except where redevelopment has no net increase in trips. The following is a summary of the 2009 Travel Time and Delay Study results: a) The traffic volumes recorded at Big Pine, Marathon and Upper Matecumbe segments have increased as compared to the traffic volumes during the 2008 study. Monroe County Public Facilities Assessment Report 2010 Page 25 of 41 b) The overall travel speed on U.S. 1 for 2009 is 0.2 higher as compared to the 2008 overall travel speed. c) Compared to 2008 data, the travel speeds on 14 of the 24 segments decreased. They are: Big Coppitt -3.4 mph) Grass 44 mph) Sugarloaf -0.4 mph) Duck -3.1 mph) Cud'oe -0.7 mph) Lon (1.0 mph) Summerland -1.7 mph) Tea Table -1.5 mph) Ramrod 0.1 mph) U Matecumbe -1.3 mph) Bahia Honda 46 m h Windle -1.6 mph) 7 Mile Bride -0.7 mph) Plantation 2.3 mph) Travel speeds in 10 segments have increased. They are: Stock Island +2.5 Mph) Marathon +0.9 m h Boca Chica +1.2 mph) L Matecumbe +0.4 mph) Saddlebunch +0.8 mph) Tavernier +0.6 mph) Torch +1.3 mph) Key Largo U.6 mph) Big Pine +2.2 mph) Cross (13.8 mph) d) Compared to last year's (2008) study results, there are changes in LOS in eight of the segments studied. The Boca Chica segment experienced an increase in LOS from B to A. Big Coppitt segment experienced a decrease from C to D. Cudjoe segment experienced a decrease in LOS from A to B. Big Pine segment experienced an increase in LOS from D to C. The Duck and Long segments experienced a decrease in LOS from B to C. Plantation segment experienced a decrease from B to C. The Cross Key segment experienced an increase from LOS E to A. Construction of the high level fixed bridge has been completed. e) The largest speed increase of 13.8 mph was recorded in the Cross segment, while the largest speed decrease of 3.4 mph was recorded in the Big Coppitt segment. The Cross segment has been under construction during the past two years. During the 2009 study, it was observed that the construction of a high level fixed -span bridge was completed along this segment. Therefore, the travel speed has significantly improved. The Big Coppitt segment was observed to under construction during the 2009 study. The travel speed along this segment is expected to improve after a roadway widening construction project is completed. f) There were a total of 123 delay events, 7 of which were excluded due to their non- recurring nature. The delay due to traffic signals proved to be the largest delay - causing event this year. The traffic signals caused on average a 2 minutes and 51 second delay per trip, a 70% increase compared to 2008. Monroe County Public Facilities Assessment Report 2010 Page 26 of 41 g) There were six (6) drawbridge opening delays accounted for the second largest delay amounting to 41 minutes and 51 seconds. The drawbridge delays occurred along the Snake Creek Bridge segment (Segment 21). The drawbridge opening contributes to an average of 1 minute and 30 seconds per trip, a significant increase compared to the delays recorded in 2008. h) The accident delay was the third largest delay accounting for 16 minutes and 47 seconds. The accident delay caused on average a 36 seconds delay per trip. There were no accident delays in 2008. i) The construction delay was the forth largest delay event in 2009. There were 3 construction delay events resulting in 4 minutes 3 seconds of delay. This is a significant decrease when compared to the 2008 construction delay of 12 minutes and 1 second. The recorded construction delay does not truly represent the delays caused by construction along U.S. 1. There were four (4) locations that had construction barricades that did not cause delay events but slowed the traffic this year. They were: Big Coppitt, Boca Chica, Snake Creek Bridge, and Cross Key Segments. j) The congestion delay was the fifth largest delay event recorded in 2009. The congestion delay events contributed to a total of 2 minutes and 35 seconds. The congestion contributed to an average of 8 seconds per trip, an 86% decrease compared to the delays recorded in 2008. The number of congestion events was the same as last year, but the duration of the congestion events was significantly lower. k) U.S. 1 segments with reserve speeds of less than or equal to 3 mph should be given particular attention when approving development applications. This year, there are eleven (11) segments of U.S. 1 in this category. This is two (2) more than last year. Big Coppitt (MM 9.0 — MM 10.5) Lon 63.0 — MM 73.0 Saddlebunch MM 10.5 — MM16.5 L. Matecumbe MM 73.0 — MM 77.5 Sugarloaf (MM16.5 — MM 20.5) Tea Table MM 77.5 — MM 79.5 Big Pine MM 29.5 — MM33.0 U. Matecumbe MM79.5 — MM 84.0 Grass MM 54.0 —MM 60.5) Plantation (MM 86.0 — MM 91.5 Duck MM 60.5 — MM 63.0 1) Last year, Sugarloaf, Big Pine, Tea Table and Cross Key segments were below the LOS threshold. This year Big Coppitt, Sugarloaf and Tea Table Segments are below the LOS threshold. These segments do not have any planned improvements to curtail the travel speed reductions. All of these segments have reserve volume or reserve capacities within the 5% allocation, except for Big Coppitt. However, there is on going construction along this segment and travel speeds are expected to improve after construction is complete. m) The signal at the Key Deer Boulevard intersection in Big Pine (Segment 10) continues to influence the travel speeds on this segment, and has experienced 18 delay events compared to the 13 from the 2008 study. Careful consideration has been given to this segment as it has been observed to have fallen below the LOS threshold in the past. In the years 2004 and 2005, the median speed at this segment has declined. In year 2009 the median travel speed for this segment as 37.9 mph and the LOS C threshold has been maintained. Monroe County Public Facilities Assessment Report 2010 Page 27 of 41 111. POTABLE WATER The Florida Keys Aqueduct Authority (FKAA) is the sole provider of potable water in the Florida Keys. The Biscayne Aquifer is a shallow groundwater source and FKAA's primary water supply. The FKAA's wellfield is located in a pineland preserve west of Florida City in south Miami -Dade County. The FKAA's wellfield contains some of the highest quality groundwater in the State, meeting all regulatory standards prior to treatment. Laws protect the wellfield from potential contamination from adjacent land uses. Beyond the County's requirements, FKAA is committed to comply with and surpass all federal and state water quality standards and requirements. FLORIDA KEYS AO`IDJCT AUTHORITY The groundwater from the TRANSMISSION R DISTRIBUT104 SYSTEM OVERVIEW 45.2 MG STORAGE CAPACITY wellfield is treated at the I eP,D. FKAA's Water Treatment I) Facility in Florida City, which currently has a 1. NPY YTT I v"w"Prt�tt'ws maximum water treatment design capacity of 29.8 VCA. �jI �5�..8��VCF"1fN i c 9. ROLK'w fW R Kr 4�p million gallons per day "P WG PvP YfY 0 'AWL r CY(�4''] 0. SUM4CRlA4D NCY- IICC CC JJ ti MGD . e primary --- water treatment process is —a N F"m Kn moo" "` ` �"N,! a conventional lime y softening/filtration water 4Y P'k � Y PAMOx� { "•�. G 6PN Si 4APnTxO treatment plant and is capable of treating up to urOEK 6uxD TRANMISSION BACKPJMPING CARAMUTES 23.8 MGD from the p. srDEe: �suxD tDcsid) MARATHON (1)-5 MG TANK --' rr...,., STOCK ISLAND (3)-5 MG TANKS Biscayne Aquifer. The STOCK I"ND DfSAI (4)—S MG TANK secondary water treatment process is the newly constructed Reverse Osmosis water treatment plant and is capable of producing 6 MGD from the brackish Floridian Aquifer. The product water from these treatment processes is then disinfected and fluoridated. The FKAA treated water is pumped 130 miles from Florida City to Key West supplying water to the entire Florida Keys. Including overlapping coverage, the FKAA maintains 187 miles of transmission main at a maximum pressure of 250 pounds per square inch. The transmission pipeline varies in diameter from 36 inches to 12 inches. The FKAA distributes the treated water through 690 miles of distribution piping ranging in size from %-inch to 12 inches in diameter. The FKAA maintains storage tank facilities which provide an overall storage capacity of 45.2 million gallons system wide. The sizes of tanks vary from 0.2 to 5.0 millions gallons. These tanks are utilized during periods of peak water demand and serve as an emergency water supply. Since the existing transmission line serves the entire Florida Keys (including Key West), and storage capacity is an integral part of the system, the capacity of the entire system must be considered together, rather than in separate service districts. Also, the two (2) saltwater Reserve Osmosis (RO) plants, located on Stock Island and Marathon, are available to produce potable water under emergency conditions. The RO desalination plants have design capacities of 2.0 and 1.0 MGD of water, respectively. At present, Key West and Ocean Reef are the only areas of the County served by a flow of potable water sufficient to fight fires. Outside of Key West, firefighters rely on a variety of water sources, including tankers, Monroe County Public Facilities Assessment Report 2010 Page 28 of 41 swimming pools, and salt water either from drafting sites on the open water or from specially constructed fire wells. Although sufficient flow to fight fires is not guaranteed in the County, new hydrants are being installed as water lines are replaced to make water available for fire- fighting purposes and pump station/tank facilities are being upgraded to provide additional fire flow and pressure. 151171 11 1 Annual Water Withdrawals 1980 to 2009 Year 1980 Annual Ii Withdrawal G) F2,855 "�o Change - WUP Limit (MG) N/A WUP Annual +/- Allocation MP) N/A 1981 3,101 8.60% N/A N/A 1982 3,497 12.80% N/A N/A 1983 3,390 -3.10% N/A N/A 1984 3,468 2.30% 4,450 983 1985 4,139 19.40% 4,450 311 1986 4,642 12.10% 5,110 469 1987 4,795 3.30% 5,110 315 1988 4,820 0.50% 5,110 290 1989 4,936 2.40% 5,110 174 1990 4,404 -10.80% 5,560 1156 1991 14,286 -2.70% 5,560 1274 1992 14,461 4.10% 5,560 1099 1993 5,024 12.60% 5,560 536 1994 5,080 1.10% 5,560 480 1995 5,140 1.20% 5,778 638 1996 5,272 2.60% 5,778 506 1997 5,356 1.60% 5,778 422 1998 5,630 5.10% 5,778 148 1999 5,935 5.40% 5,778 -157 2000 6,228 10.60% 5,778 450 2001 5,627 -9.70% 5,778 151 2002 6,191 10.03% 7,274 1083 2003 6,288 1.57% 7,274 986 2004 6,461 2.74% 7,274 813 2005 6,471 0.16% 7,274 803 2006 16,310 -2.49% 7,274 964 2007 5,846 -7.35% 7,274 1428 2008 5,960 1.95% 8,751 12791 2009 5,966 0.09% 8,751 12785 Source: Florida Keys Aqueduct Authority, 2009 The chart and two tables below provide a historical overview of the water demands in the FKAA service area, Water Use Permit (WUP) allocation limits, yearly percent change, and water allocation remaining. In March 2008, South Florida Water Management District (SFWMD) approved the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Floridian Aquifers. The WUP provides an annual allocation of 8,751 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG with a limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79 MGD and an average dry season (December 1"-April 30th) of 17.0 MGD. In order to meet the requirements of this limitation, the FKAA constructed a new Floridian Aquifer Reverse Osmosis (RO) water treatment system. This RO water treatment system is designed to withdraw brackish water from the Floridian Aquifer, an alternative water source, which is approximately 1,000 feet below the ground surface, and treated to drinking water standards. The new RO water treatment plant provides added capability to limit Biscayne aquifer withdrawals and is designed to meet Monroe County Public Facilities Assessment Report 2010 Page 29 of 41 current and future water demands. The RO water treatment system provides an additional 6.0 MGD of potable water. Along with the new RO water treatment plant, compliance with withdrawal limits can also be accomplished by using other alternative water sources (blending of the Floridian Aquifer, reclaimed water and operation of the RO desalination plants), pressure reduction, public outreach, and assistance from municipal agencies in enforcing water conservation ordinances (i.e. irrigation ordinance). FKM ANNUAL WATER WITHDMWL 0,DOO 9,000 0 8,000 S 7,000 ® 6,000 0 5,000 4,000 3,000 2,000 1,000 0 q qp q q ? O+ q O O O O O O Q �s q q q `o, a a 1 N +fib Amual Withdrawal (MG) WUP Gmlt (MG) Demand for potable water is influenced by many factors, including the number of permanent residents, seasonal populations and day visitors, the demand for commercial water use, landscaping practices, conservation measures, and the weather. In 2009, the FKAA distributed an annual average day of 16.35 MGD and a dry season average day of 17.34 MGD as shown in Figure 3.5. WUP RE KING LATION 3.000 2.500 2.000 1.500 e 1.000 a 0 500 ti 0 Monroe County Public Facilities Assessment Report 2010 Page 30 of 41 The maximum monthly water demand of 562 MG shown in Figure 3.5 occurred in March of 2009. Preliminary figures and projections for 2010 indicate a slight increase to an annual average daily demand to 16.58 MGD and an increase in maximum monthly demand to 564.78 MG as compared to 2009 figures. Also, Figure 3.5 provides the water treatment capacities of the RO plants. The RO plants do not require a WUP because the water source is seawater. However, the RO plants are available for emergency water supply. THIS SPACE LEFT BLANK INTENTIONALLY Monroe County Public Facilities Assessment Report 2010 Page 31 of 41 The chart below indicates the amount of water available on a per capita basis. Based on Functional Population and permitted water withdrawal from Biscayne Aquifer, the average water available is above 100 gallons per capita (person). The 100 gallons per person per day standard is commonly accepted as appropriate, and reflected in Policy 701.1.1 of the Year 2010 Comprehensive Plan. FKAA has a 20-year Water System Capital Improvement Master Plan for water supply, water treatment, transmission mains and booster pump stations, distribution mains, facilities and structures, information technology, reclaimed water systems, and Navy water systems. The master plan was revised in 2009 to include the critical projects as summarized in Figure 3.7. Figure 3.7 shows the schedule and costs projected for the capital improvements to the potable/alternative water systems planned by the FKAA. The total cost of the scheduled improvements is approximately $49 million over the next 5 years. These projects are to be funded by the water rate structure, long-term bank loans, and grants. Monroe County Public Facilities Assessment Report 2010 Page 32 of 41 In 1989 FKAA embarked on the Distribution System Upgrade Program to replace approximately 190 miles of galvanized lines throughout the Keys. FKAA continues to replace and upgrade its distribution system throughout the Florida Keys and the schedule for these upgrades is reflected in their long-range capital improvement plan. The FKAA's Water Distribution System Upgrade Plan calls for the upgrade or replacement of approximately 20,000 feet of water main during fiscal year 2010. Additionally, significant improvements have been completed at the water treatment plant and ongoing improvements continue on the transmission and distribution water mains and pump stations. Most notably in 2009 was the completion of the new state of the art reverse osmosis (RO) facility at the Florida City Water Treatment Plant. SUMMARY In summary, with the construction of the new water supply wells and RO water treatment facility that will provide an additional capacity of 6.0 MGD, the new reclaimed systems, and the ability to operate the 3.0 MGD RO desalination plants during emergency situations, there is an adequate supply of water to meet current and future demand. Also, the continued implementation of conservation measures and the continued system distribution and transmission upgrades will help to minimize the projected increase in water demand. A 1.4% increase in demand is projected in 2010. Monroe County Public Facilities Assessment Report 2010 Page 33 of 41 V. EDUCATION FACILITIES The 2005 Florida Legislature mandated a comprehensive focus on school planning by requiring local governments and school boards to adopt a school concurrency system. School concurrency ensures coordination between local governments and school boards in planning and permitting residential developments that affect school capacity utilization rates. The law emphasizes the benefits of coordinated planning including enrollment projection, strategies for providing facilities and infrastructure, and planning and funding future public school facilities. The school system is divided into three (3) Sub -districts that are similar, but not identical to the service areas outlined in Section 114-2(a)(4) of the Land Development Code (LDC). One difference is that the School Board includes Fiesta Key and the islands that make up Islamorada in the Upper Keys (Sub -district 1), while the LDC places them in the Middle Keys (Sub -district 2). Also, the School Board includes Key West in the Lower Keys (Sub -district 3), while the LDC does not consider Key West. The data presented in this section are based on the School Board's Sub -districts. Sub -district 1 covers the Upper Keys from Key Largo to Lower Matecumbe Key and includes one high school and two elementary/middle schools, as shown in Figure 4.1. Sub -district 2 covers the Middle Keys from Long Key to the Seven Mile Bridge and includes one high/middle school and one elementary school. Sub -district 3 covers the Lower Keys, from Bahia Honda to Key West and includes one high school, one middle school, one elementary/middle school, and five elementary schools. Florida Statutes, Section 163.3177(12), authorizes the Department of Community Affairs to provide a waiver to a county and to the municipalities within the county if the capacity rate for the all schools within the school district is no greater than 100 percent, and the projected 5-year capital outlay full-time equivalent student growth rate is less than 10 percent. The Florida Inventory of School Houses (FISH) capacity rate is 11,229 students and the Capital Outlay of Monroe County Public Facilities Assessment Report 2010 Page 34 of 41 Full -Time Equivalent (COFTE) is 7,732. The actual utilization during 2009 — 2010 was 67.19%. Overall, the projected growth utilization rate is 0.12% for the years 2009-2010 through 2013- 2014. Florida Statutes, Section 163.3177(12), authorizes the Department of Community Affairs to provide a waiver to a county and to the municipalities within the county if (A) the capacity rate for all the schools within the school district is no greater than 100 percent, and (B) the projected 5-year capital outlay full- time equivalent student growth rate is less than 10 percent. In April of 2010, the Monroe County Board of County Commissioners and the cities of Key West, Marathon, Key Colony Beach, Layton, and Islamorada and the District School Board of Monroe County approved a waiver from the school concurrency planning requirements of Florida's growth management laws. The Charter Schools enrolled 417 students this past school year. The projected student population for the years 2013-2014 is 484 students. This is a projected 16% increase in student population over the next 5 years. The school board, however, in planning for the future, is in negotiations for a charter school conversion of Sigsbee School. The Board has approved the plan to close the elementary school in the most recent Plant Survey. Annually, prior to the adoption of the district school budget, each school board must prepare a tentative district facilities work program that includes a major repair and renovation projects necessary to maintain the educational and ancillary facilities of the district. Some of the items listed in the 2009-2010 Monroe County School District Work Plan include HVAC, flooring, roofing, safety to life, fencing for various schools. Other items include physical education field renovations, concrete repairs, ADA projects and site drainage maintenance. The 2009-2010 Monroe County School District expenditures for maintenance, repair and renovation from 1.50 Mills and PECO is budgeted at $7,966,260 and projected in 2013-2014 at $7,264,166. Monroe County Public Facilities Assessment Report 2010 Page 35 of 41 V. SOLID WASTE FACILITIES Monroe County's solid waste facilities are managed by the Solid Waste Management Department, which oversees a comprehensive system of collection, recycling, and disposal of solid waste. Prior to 1990 the County's disposal methods consisted of incineration and land filling at sites on Key Largo, Long Key, and Cudjoe Key. Combustible materials were burned either in an incinerator or in an air curtain destructor. The resulting ash was used as cover on the landfills. Non-combustible materials were denosited directly in the landfills_ MONROE COUNTY'S LANDFILL AND INCINERATORS Site Incinerators Landfills Reserve Capacity cubicyards) Key Largo Closed 12/31/90 No Longer Active 0 Long Key Closed 1/7/91 No Longer Active 0 Cudjoe Old Site Closed 2/25/91 1 No Longer Active 0 Unused Site None Currently Inactive 45,000 In accordance with County -approved franchise agreements, private contractors perform collection of solid waste. Residential collection takes place three times a week (2 garbage/trash, 1 recycling); nonresidential collection varies by contract. The four (4) contractors currently serving the Keys are: SOLID WASTE CONTRACTORS Upper Keys Middle Keys* Lower Keys Keys Sanitary Service & Ocean Reef Club, Inc. Marathon Garbage Service, Inc. Waste Management of Florida, Inc. Source: Monroe County Solid Waste Management Department, 2009 *Veolia ES On currently serves the Village of Islamorada. The County's landfills and incinerators are no longer in operation. The landfill sites are now used as transfer stations for wet garbage, yard waste, and construction debris collected throughout the Keys by the four curbside contractors and prepared by WMI for shipment out of the Keys. However, it is important to note that a second, unused site on Cudjoe Key may be opened if necessary. Household hazardous waste is collected at the Long Key and Cudjoe Key Transfer Stations and the Key Largo Recycling Yard. Hazardous waste from small quantity generators is collected once a year as part of an Amnesty Days program. An electronics recycling program is conducted in cooperation with the Household Hazardous Waste collections. Recycling transfer centers have been established in the Lower, Middle, and Upper Keys. There are three (3) drop off locations: • Cudjoe Key Transfer Station, MM 21.5 • Long Key Transfer Station, MM 68 • Waste Management Recycling Center MM 100.2 Monroe County Public Facilities Assessment Report 2010 Page 36 of 41 DEMAND FOR SOLID WASTE FACILITIES For solid waste accounting purposes, the County is divided into three districts which are similar, but not identical to the service areas outlined in Section 114-2(b)(2) of the LDC. The main difference is Windley Key is located in the upper keys, but for solid waste accounting, is in the middle keys district. Layton and Key Colony Beach are incorporated, but included in the middle keys accounting. Demand for solid waste facilities is influenced by many factors, including the size and income levels of resident and seasonal populations, the extent of recycling efforts, household consumptive practices, landscaping practices, land development activities, and natural events such as hurricanes and tropical storms. The Department of Agriculture has suspended the County's mulching program indefinitely due to the presence of Citrus Canker in the Florida Keys. This is a highly contagious bacterial disease for citrus trees. The following chart summarizes the past 8 years of solid waste generated by each district. The totals for each district are a combination of four categories of solid waste: garbage, yard waste, bulk yard waste and other (includes construction and demolition debris). SOLID WASTE GENERATION BY DISTRICT Year Key Largo Long Key Cudjoe Key Total % Change 2000 32,635 30,079 33,420 96,134 -1.65% 2001 29,663 29,367 31,166 90,196 -6.18% 2002 31,018 31,217 30,700 92,935 3.04% 2003 31,529 31,889 30,385 93,803 0.93% 2004 32,193 31,583 33,762 97,538 3.98% 2005 36,035 32,257 35,290 103,582 6.20% 2006 35,211 33,704 36,168 105,083 1.45% 2007 37,423 30,759 30,999 99,001 -6.14% 2008 33,996 28,402 29,190 91,589 -7.00% A decline shown in 2000 and 2001 is due to a reduction in construction and demolition debris being brought to the County transfer stations following the implementation of the Specialty Hauler ordinances. Solid Waste Generation continues to rise again from 2002 through 2005 with a 6.2% increase between 2004 and 2005. "A" very active hurricane season in 2005 could have caused increased generation. Yearly fluctuations are expected to continue due to increasing storm activity and seasonal population changes. The dramatic decrease in solid waste generation could be explained by the downturn of the economy forcing residents to move out of the county and the decrease in tourism. Monroe County Public Facilities Assessment Report 2010 Page 37 of 41 LEVELV Section 114-2(a)(2) of the Land Development Code requires that the County maintain sufficient capacity to accommodate all existing and approved development for at least three (3) years. The regulations specifically recognize the concept of using disposal sites outside Monroe County. As of 2009, Waste Management Inc., reports a reserve capacity of approximately 26.91 million cubic yards at their Central Sanitary Landfill in Broward County, a volume sufficient to serve their clients for another seventeen (17) years. REMAINING 2002 2003 2004 2005 2006 2007 2008 2009 Remaining Capacity (volume in millions of cubic yards, d3) 34.2 32.3 30.5 31.2 26 22.62 26.91 26.91 Remaining Capacity ears 14 14 14 12 7 1 6 1 17 1 17 Monroe County has a contract with WMI authorizing use of in -state facilities through September 30, 2016, thereby providing the County with approximately eight years of guaranteed capacity. Ongoing modifications at the Central Sanitary Landfill are creating additional air space and years of life. Monroe County Public Facilities Assessment Report 2010 Page 38 of 41 VI. PARKS AND RECREATION An annual assessment of parks and recreational facilities is not mandated by Monroe County Code, though it is required for by the Florida Statutes. The following section has been included for informational purposes only. The Level of Service standards for parks and recreational facilities are listed in Policy 1201.1.1 of the Monroe County Year 2010 Comprehensive Plan. However, they are not mentioned in the LDC PARKS AND RECREATIONAL FACILITIES LEVEL OF SERVICE STANDARD The level of service (LOS) standard for neighborhood and community parks in unincorporated Monroe County is 1.64 acres per 1,000 functional population. To ensure a balance between the provisions of resource- and activity -based recreation areas the LOS standard has been divided equally between these two types of recreation areas. Therefore, the LOS standards are: 0.82 acres of resource -based recreation area per 1,000 functional population; and 0.82 acres of activity -based recreation area per 1,000 functional population Resource -based recreation areas are established around existing natural or cultural resources of significance, such as beach areas or historic sites. Activity -based recreation areas can be established anywhere there is sufficient space for ball fields, tennis or basketball courts, or other athletic events. It is important to note that the subareas used for park and recreational facilities differ from those subareas used in the population projections. For the purpose of park and recreational facilities, the Upper Keys are considered to be the area north of Tavernier (PAEDs 15 through 22). The Middle Keys are considered to be the area between Pigeon Key and Long Key (PAEDs 6 through 11). The Lower Keys are the area south of the Seven Mile Bridge (PAEDs 1 through 6). Although the Middle and Lower Keys subareas both contain portions of PAED 6, the population of PAED 6 is located in the Lower Keys subarea. An inventory of Monroe County's parks and recreational facilities are listed on Figure 6.1. The facilities are grouped by subarea and are classified according to the principal use (resource or activity). There are currently 97.96 acres of resource -based recreation areas either owned or leased by Monroe County. ANALYSISLEVEL OF SERVICE ACTIVITY -BASED The Year 2010 Comprehensive Plan allows activity -based recreational land found at educational facilities to be counted towards the park and recreational concurrency. There is currently a total 98.98 acres of developed resourced-based and 118.25 acres of activity -based recreation areas either owned or leased by Monroe County and the Monroe County School Board. Monroe County Public Facilities Assessment Report 2010 Page 39 of 41 PARKS AND RECREATION FACILITIES SERVING UNINCORPORATED MONROE COUNTY Site Name Facilities Classification and Size (acres)' Resource Activity Upper Ke s Subarea Coral Shores High School Monroe County School District; baseball field, football field, softball field, five (5) tennis courts, and indoor 10 1 Friendship Park Two (2) basketball courts, playground, ball field, picnic shelters, public restrooms, and parking. 1.92 Garden Cove Undeveloped. 1.5 Harry Hams Two (2) ball fields, playground, restrooms, picnic shelters, beach, parking (89), and boat ramp. 16.4 Hibiscus Park Undeveloped. 0.46 Key Largo Community Park Soccer field, two (2) ball fields, six (6) tennis courts, jogging trail, three (3) basketball courts, roller hockey, volleyball, skate park, playground, picnic shelters, public restrooms, aquatic center, and parking. 14 Key Largo Elementary Monroe County School District; playground, ball field, running track, and indoor gym. 3.4 Plantation Key Elementary Monroe County School District; playground, tennis court, basketball court, and ball field. 1.7 Settler's Park Playground. park benches, trails, and a historic platform. 3 Sunny Haven Undeveloped. 0.09 Sunset Point Waterfront ark with a boat ramp. 1.2 Subarea Total 5.79 47.98 MlddleXe sSubarea Marathon High School Monroe County School District; football field, baseball field, softball field, three (3) tennis courts, three (3) basketball courts, and indoor 7.8 Pigeon Key Historic structures, research/educational facilities and a railroad museum. 5 Switlik Elementary Monroe County School District; playground, two (2) baseball fields, and shared soccer/football field. 2.5 Subarea Total 5.00 10.3 LowerKe sSubarea Baypoint Park Playground, volleyball, bocchi ball two 2 tennis courts, and picnic area. 1.58 Bernstein Park Ball field, soccer, basketball court, track, tennis courts, playground, restrooms, and volleyball. 11 Big Coppitt Fire Department Playground Playground and benches. 0.75 Big Coppitt Skate Park One full court skating rink, a single racquetball / handball court, picnic area 0.57 Big Pine Key Community Park 1 baseball/softball field, one large mufti -purpose field, one basketball/roller-hockey (combination) court, two tennis courts, one skate park, two mufti -purpose (handball) courts, four shuffleboard courts, one la round area, six station fitness trail, 10 Big Pine Leisure Club Undeveloped. 1.75 Blue Heron Park Playground, basketball court, youth center, and picnic shelters. 5.5 Boca Chica Beach Beach area. g Delmar Avenue Boat ramp. 0.2 East Martello Historic structures, teen center, and picnic area. 14.58 Heron Avenue Undeveloped. 0.69 Higgs Beach/Astro City Five (5) tennis courts, playground, volleyball, picnic shatters, beach area, pier, and public restrooms. 15.5 Lighthouse Museum Historic structure and museum. 0.77 Little Duck Key Picnic shelters, restrooms, boat ramp,and beach area. 25.5 Little Torch Boat Ramp Boat ramp. 0.1 Missouri Key Undeveloped. 3.5 Palm Drive cul-de sac Undeveloped. 0.1 Palm Villa Playground and benches. 0.57 Ramrod Key Swim Hole Swimming area with no facilities. 0.5 Rockland Hammock Undeveloped. 2.5 Sugarloaf Elementary Monroe County School District; baseball field and playground. 3.1 Su arloaf School Monroe County School District; undeveloped. 6.6 Summerland Estates Undeveloped. 0.13 Watson Field Two 2 tennis courts, ball field playground, and volleyball. 2.4 West Martello Historic structure. 0.8 West Summerland Boat Ramp. 31.8 Wilhelmina Harvey Childran's Park Two 2 playground areas, a walking trail, and green space. 0.65 Subarea Total In acres 87.17 59.97 UNINCORPORATED MONROE COUNTY TOTAL in acres 97.96 118.25 FUTURE PARKS AND RECREATION PLANNING Identifying parks and recreation needs is a part of the on -going Livable CommuniKeys Program. This community based planning initiative looks at all aspects of an area and, among other planning concerns, identifies the parks and recreation desires of the local population. The Livable CommuniKeys Program has been completed on Big Pine Key/No Name Key, Stock Island and Tavernier and partially completed on Key Largo. The LCP from Sugarloaf to Little Torch Key is in process. The Big Pine Key Community Park has been completed. Monroe County Public Facilities Assessment Report 2010 Page 40 of 41 ACQUISITION OF ADDITIONAL RECREATION AREAS The Monroe County Year 2010 Comprehensive Plan states in Objective 1201.2 that "Monroe County shall secure additional acreage for use and/or development of resource -based and activity -based neighborhood and community parks consistent with the adopted level of service standards." The elimination of deficiencies in LOS standards for recreation areas can be accomplished in a number of ways. Policy 1201.2.1 of the Comprehensive Plan provides six (6) mechanisms that are acceptable for solving deficits in park level of service standards, as well as for providing adequate land to satisfy the demand for parks and recreation facilities that result from additional residential development. The six (6) mechanisms are: 1. Development of park and recreational facilities on land that is already owned by the county but that is not being used for park and recreation purposes; 2. Acquisition of new park sites; 3. Interlocal agreements with the Monroe County School Board that would allow for the use of existing school -park facilities by county residents; 4. Interlocal agreements with incorporated cities within Monroe County that would allow for the use of existing city -owned park facilities by county residents; 5. Intergovernmental agreements with agencies of state and federal governments that would allow for the use of existing publicly -owned lands or facilities by county residents; and 6. Long-term lease arrangements or joint use agreements with private entities that would allow for the use of private park facilities by county residents. To date, the county has employed two of these six mechanisms — acquisition of new park sites and interlocal agreements with the School Board. Monroe County Public Facilities Assessment Report 2010 Page 41 of 41