3rd Supplement 10/19/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 1, 2011
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM: Pamela G. Hanc$ck, . C.
At the October 19, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item H10 Supplemental Joint Participation Agreement
(JPA) No. 3 with the Florida Department of Transportation (FDOT) for Contract #A0U27 to
extend the Transportation Planning Consultant and Staff Assistance JPA term from December
31, 2011 to December 31, 2012 and to add $45,000 to the grant total.
Enclosed are four duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return two fully executed originals: one for the Official Record
and one for Finance. Should you have any questions, please do not hesitate to contact our
office.
cc: County Attorney
Finance
File/
i
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 3
725-030 -07
PUBLIC TRANSPORTATION
06111
Page 1 0/4
Financial Project No.: Fund: SL FLAIR Category: 088854
25222811407 Function: 215 Object Code: 790015 & 750031
m- segment-p ase- sequence
Federal No.: 8887-370 Org. Code: 55062010630
Contract No.: AOU27 DUNS No.:
80- 939 -7102 Vendor No.: F596000749
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 , 0 1 1 ,
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, MARA THON, FL 33050
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 27th day of Jun 1 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 $769,125.00
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
Funds are being added to this JPA to fund transportation planner position for two quarters (billing periods). This position
was initially billed under another JPA ANO -82, which will expire 12/31/2011.
The agreement is extended for a period of one year. Attached Exhibits A, B, C, and D supercede the previously
incorporated exhibits in JPA AOU27 Supplemental Agreement # 1 dated 6/26/2009
725 -030 -07
PUBUC TRANSPORTATION
06111
Papa 2 of 4
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $45,000.00
bringing the revised total cost of the project to $ 879,000.00
Paragraph 4.00 of said Agreement is increased by $39,375.00
bringing the Department's revised total cost of the project to $ 769,125.00
3.00 Amended Exhibits:
Exhibit(s)
4.00 Contract Time:
Paragraph 18.00 of said Agreement December
of said Agreement is amended by Attachment "A ".
31st 2012
5.00 E- Verify
Vend ors /Co ntractors:
1, shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the Vendor /Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
725 -030-07
PUBLIC TRANSPORTATION
06/11
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
Except as hereby modified, amended or changed, all other terms of said Agreement dated J une
and any subsequent supplements shall remain in full force and effect.
above written.
AGENCY
MONROE COUNTY
AGENCY NAME
Heather Carrt}4hers
SIGNATORY (PRINTED TYPED)
TITLE
Financial Project No. 25222811407
Contract No. AOU27
Agreement Date d1 & , 101
FDOT
See attache Encumbrance Form for date of Funding
ADDrovaY by /ComDtroI*
�_- DEFJARTMENTOFTRA_ NSPQAT TQ ION____ PE
[/ DMt W Director of T U�� D@VWWwt
DEPARTMENT OF TRANSPORTATION
10/19/2011
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TITLE 171 Sl I112f un
Igo RAGE CI ERk
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ftfIONROE COUNTY ATTORNEY _ a
APP VIED AS TO FORM'
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ASSI - �.� ST NT COUNTY ATTORNEY LZ �_2 � //
27th 2007
FM # 252228- 1 -14 -07
CONTRACT # AOU27
Supplemental JPA #3
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, 33050 dated June 27, 2007. Revised in accordance
with Supplemental JPA #3, dated , 2011.
PROJECT LOCATION: Monroe County, Florida
PROJECT DESCRIPTION: Monroe County Transportation Planning Program
SCOPE OF SERVICES
TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE
1. PURPOSE
The purpose of this task is to provide funding assistance for a transportation planning consultant
to support the Monroe County Planning Department staff. This support is for the purpose of
maintaining the transportation planning program of the County, and to provide assistance for
general transportation planning and analysis activities. This support will include plan updates,
planning studies, traffic operational analyses, data collection, technical support, review of
development proposals, and any other activities necessary to support the transportation planning
program of the County.
2. ACTIVITIES
The transportation planning consultant will provide assistance to Monroe County Planning
Department staff in the following areas: preparation of traffic impact reports; attendance at
public meetings and hearings; site plan reviews for internal traffic flows and access; review of
transportation elements, reports, or plans prepared by County staff in support of the
comprehensive plan. This task may also include data collection, level of service analysis, and
systems planning activities, including running the FSUTMS model, and other technical support.
This task may also include the annual US 1 travel time studies which monitor the level of service
on US 1 for concurrency management purposes pursuant to the Monroe County Comprehensive
Plan. The studies will be conducted in accordance with the US l LOS Task Force methodology,
approved by the County, the Florida Department of Transportation, and the Florida Department
of Community Affairs. The study may be conducted jointly by the Monroe County staff, and the
general transportation planning consultant.
This task may also include any other studies necessary to support the transportation planning
program of the County. Such studies may include bicycle and pedestrian planning and analysis;
September 20, 2011
FM # 252228- 1 -14 -07
CONTRACT # AOU27
Supplemental JPA #3
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. COST $430,000.00
TOTAL TASK FUNDING AMOUNT: $430,000.00
TASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE
L 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 transportation planning program of the
County. This program management and oversight will include coordination activities with the
Department, and will also coordinate the transportation planning and analysis activities of the
consultant. The transportation planning program will include plan updates, planning studies,
traffic operational analyses, data collection, technical support, review of development proposals,
and all other activities necessary to maintain a coordinated, comprehensive, and continuing
transportation planning program for Monroe County.
2. ACTIVITIES
A) PROJECT ADMINISTRATION: The transportation planning 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 staff will provide
management in the following areas: preparation of traffic impact reports; attendance at
public meetings and hearings; site plan reviews for internal traffic flows and access;
review of transportation elements, reports, or plans prepared by County staff in support of
the comprehensive plan. This task may also include data collection, level of service
September 20. 201 1
FM # 252228- 1 -14 -07
CONTRACT # AOU27
Supplemental JPA #3
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.)
$404,000.00
Additional funds will be added for salary for two quarters
This salary cost was previously billed under JPA AN082
Plus supplemental agreement funding: $ 45 000.00
TOTAL TASK FUNDING AMOUNT: $449,000.00
September 20, 2011
FM # 252228- 1 -14 -07
CONTRACT # AOU27
Supplemental JPA #3
EXHIBIT "B"
PROJECT COST AND BUDGET
Revised and Supplemented
This exhibit forms an integral part, and supersedes previously incorporated Exhibit 13, of that
certain Joint Participation Agreement between the State of Florida, Department of Transportation
and the Monroe County Planning Department, 2798 Overseas Highway Suite 410 Marathon
Florida, 33050 -2227 dated June 27, 2007. Revised in accordance with Supplemental JPA #3,
dated .
I. PROJECT BUDGET:
Original JPA Amount 5417,000.00
Supplemental Agreement #1 $417,000.00
Supplemental Agreement #3 $ 45,000.00
TOTAL PROJECT COST: $879,000.00
II. FUND PARTICIPATION:
Maximum Federal Participation
September 20, 2011
(75 %)
$659,250.00
Public Agency Participation
In -Kind
(12.5 %)
$109,875.00
Cash
(0 %)
$0.00
Other
(0 %)
$0.00
Maximum Department Participation
(DSF)
(12.5 %)
$109,875.00
TOTAL PROJECT COST
$879,000.00
September 20, 2011
FM # 252228- 1 -14 -07
CONTRACT # AOU27
Supplemental JPA #3
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 Department, 2798 Overseas Highway, Suite 410, Marathon,
Florida, 33050 -2227 dated June 27, 2007. Revised in accordance with Supplemental JPA #3,
dated , 2011.
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.
September 20, 2011
EXHIBIT D 725 -030ON
PUBLIC TRANSPORTATION
04/06
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.
FEDERALRESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
FHWA 20.205, Highway Planning and Construction $659,250.00
Compliance Requirements
1. Federal participation is 75 %; State participation is 12.5°/x; Local participation is 12.5 %.
2. In accordance with this JPA #AOU27, and Supplemental Agreement #3, including revised Exhibits A, B, C, and D.
OBJECTIVES
Federal -aid Highway Program: To assist State transportation agencies in the planning and development of an
integrated, interconnected transportation system important to interstate commerce and travel by constructing
and rehabilitating the National Highway System (NHS), including the Eisenhower Interstate System; and for
transportation improvements to most other public roads; to provide aid for the repair of Federal -aid highways
following disasters; to foster safe highway design; to replace or rehabilitate deficient or obsolete bridges; and to
provide for other special purposes. This program also provides for the improvement of roads in Puerto Rico,
Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and the Alaska Highway. The
Federal Lands Highway Program (FLHP), as an adjunct to the Federal Aid Highway Program, provides
assistance to the Federal Land Management Agencies (FLMAs) for Federally owned roads. It provides
transportation engineering services for planning, design, construction, and rehabilitation of the highways and
bridges providing access to federally owned lands. The Federal Lands Highway organization also provides
training, technology, deployment, engineering services, and products to other customers.
USES AND USE RESTRICTIONS
Federal -aid highway funds are generally apportioned by statutory formulas to the States. They are generally
restricted to roads open to the public and not functionally classified as rural minor collectors or local.
Exceptions to this highway functional classification restriction include: planning and research activities; bridge,
bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement
activities; the recreational trails program (see program 20.219); safe routes to school, non - motorized
transportation, the FLHP, and public transportation improvement. The FLHP is not a grant program. For
highway projects, funds may be used for environmental studies, engineering and design services, right -of -way
FM# 25222811407 Contract AOU27 Supplemental JPA #3
EXHIBIT D
725- 030 -06
PUBLIC TRANSPORTATION
04 /06
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 Program, Equity
Bonus (BE) program, and some additional programs may be used for mass transportation improvements;
CMAQ funds are limited to projects and programs in air quality, non - attainment and maintenance areas for
ozone, carbon monoxide, and small particulate matter that reduce transportation related emissions. Eligibility
criteria for the programs differ, so program guidance should be consulted. Projects in urban areas of 50,000 or
more population must be based on a transportation planning process carried out by a Metropolitan Planning
Organization (MPO) in cooperation with the State and transit operators, and the projects must be included in
metropolitan transportation plans and improvement programs. Projects in non - metropolitan areas of a State
must be consistent with a statewide transportation plan. Projects in both metropolitan and non - metropolitan
areas must also be included in a 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 may be
increased in the case of States with large areas of Federal lands. Some projects, including territorial highway
projects, FLHP projects, certain safety improvements, and emergency relief projects require no matching of
Federal funds.
FM# 25222811407 Contract AOU27 Supplemental JPA #3
EXHIBIT D
AUDITS
725-030-06
PUBLIC TRANSPORTATION
04/06
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.
STATE RESOURCES
State Agency Catalog of State Financial Assistance (Number & Title) Amount
FDOT 55.023, State Highway Project Reimbursement $109,875.00
Compliance Requirements
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 #3, 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: 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 1 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 #3
EXHIBIT D
invoice from the county of municipality.
725 -030-06
PUBLIC TRANSPORTATION
04/06
Sub - recipient The county or municipality is responsible for monitoring to work
Monitoring: of sub - recipients. Sub - recipient invoices are reviewed, verified
and paid by the county of municipality. County or municipality
invoices are then reviewed and approved for payment by FDOT.
Sub - recipients do not invoice FDOT directly.
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
n/a n/a n/a
Compliance Requirements
2.
3.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
FM# 25222811407 Contract AOU27 Supplemental JPA #3
Thomas, Curlene P.
From: The job F1989WMR
Sent: Thursday, December 15, 2011 2:38 PM
To: Thomas, Curlene P.
Subject: FUNDS APPROVAUREVIEWED FOR CONTRACT AOU27
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AOU27 Contract Type: AK Method of Procurement: G
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749054
Beginning date of this Agmt: 06/27/07
Ending date of this Agmt: 12/31/12
Contract Total /Budgetary Ceiling: ct = $769,125.00
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Description:
JPA: Local Government Planning Support for Monroe County
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Action: SUPPLEMENTAL Funds have been: APPROVED
55 062010630 *TP *790015 * 39375.00 *25222811407 *215 *20.205
2012 *55100100 *088854/12
5002 *00 * 50003 *0004/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 39,375.00
------------------------------------------------------------------------
FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 12/15/2011
1