11/16/2011 Agreement •
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 7, 2011
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM: Pamela G. Hancock .C.
At the November 16, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item K5 Amendment to the Contract with the Department of Administrative Hearings
(DOAH) to transfer Polycom video conference equipment from Department of Administrative
Hearings (DOAH)to Monroe County in exchange for the use of the County Media& Conference
Room located at the Marathon Government Center, 2798 Overseas Highway, Marathon, FL
33050.
✓Item Klo Inter-local Agreement (ILA) with the Village of Islamorada (Village) to design
Wayfinding signs with the Village boundaries. Fees for these services will be paid for in
advance by the Village
Item Kt I Amendment No. 1 of the Wayfinding Contract with URS Southern Corporation
(URS) to allow for the design of Wayfinding signs within the Village of Islamorada (Village) to
be paid for by the Village.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions, please do not hesitate to contact my office.
cc: County Attorney
Finance
File
fie
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND
THE ISLAMORADA,VILLAGE OF ISLANDS,FOR PARTICIPATION IN
THE MONROE COUNTY WAYFINDING PROGRAM
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THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into this
�� day of Nave*-&c , 2011,by and between the MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040
("COUNTY") and the ISLAMORADA, VILLAGE OF ISLANDS, whose address is 86800
Overseas Highway, Islamorada, Florida 33036 ("VILLAGE") in accordance with the provisions
of the Florida Interlocal Cooperation Act of 1969, Florida Statute Sec. 163.01.
WITNESSETH:
WHEREAS, in 2010, the COUNTY was awarded a Florida Department of
Transportation (FDOT) grant (Contract APW 52) to develop and install a wayfinding signage
program(Wayfinding Project)along US 1 throughout Monroe County; and
WHEREAS, URS Southern Corporation (URS) was selected by COUNTY according to
the Consultants' Competitive Negotiation Act, F.S. Sec. 287.055,to consolidate existing signage,
make recommendations for extraneous signage, and direct travelers to recognized business areas
and to public amenities along US Highway 1 in Monroe County as well as design and provide
specifications for construction of the signage; and
WHEREAS, the COUNTY conducted a public involvement campaign in Fall 2011 to
identify a preferred shape and color for the wayfinding signs; and
WHEREAS,Municipalities were invited and encouraged to participate in the wayfinding
program; and
WHEREAS, the VILLAGE asked COUNTY and VILLAGE staff to present the
concepts to the Village Council on October 13,2011; and
WHEREAS, the VILLAGE asked to participate in the Wayfinding Project and agreed to
pay Monroe County$39,860.88 to enable URS to design the wayfinding signage program within
the Village boundaries; and
WHEREAS, construction and installation costs for the wayfinding program will be paid
for through FDOT LAP Agreement APW 52 within unincorporated Monroe County and within
the boundaries of the Village of Islamorada, as already agreed to with FDOT; and
WHEREAS, Florida Statute Sec. 163.01 permits and encourages local governmental
units to make the most efficient use of their powers by enabling them to cooperate with other
fd *04
localities on a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of
local communities;
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and VILLAGE agree as follows:
I. INCORPORATION BY REFERENCE - The provisions of that certain
document entitled "LOCAL AGENCY PROGRAM DOCUMENT" for Grant
Agreement APW 52 (Grant Agreement) between the Florida Department of
Transportation (FDOT) and COUNTY and its attachments are incorporated by
reference as Exhibit A to this Agreement and made a part hereof as if fully set
forth in the body of the Agreement and all laws, rules and regulations relating
thereto are also incorporated by reference.
2. PROJECT TASKS - URS developed a Scope of Services for the VILLAGE
which is attached to this agreement as Exhibit B. Provision of services by
COUNTY to VILLAGE is contingent upon approval by URS of the additional
services to be provided in Exhibit B as an amendment to its contract with
COUNTY. No additional services shall be authorized to be provided by URS
without prior written approval by the County.
3. TERM - The term of this Agreement begins on the date of execution by both
parties and ends no later than June 30, 2013, the expiration of the FDOT Grant
Agreement, unless earlier terminated or extended under the provisions of the
Grant Agreement.
4. DOCUMENT REVIEW AND COMPLIANCE - The VILLAGE agrees to
comply with the Grant Agreement and its attachments in its entirety. For purposes
of the Agreement between the COUNTY and the VILLAGE, any obligations
called for under the Grant Agreement to be performed by the grantee related to
the VILLAGE project tasks will also apply as if fully set out between the
VILLAGE and COUNTY.
5. RESPONSIBILITY OF VILLAGE - A. The VILLAGE agrees to have URS
perform those project tasks outlined in the scope of services (Exhibit B)under the
contract between URS and COUNTY and will pay the COUNTY S39,860.88 for
these services. VILLAGE will pay COUNTY upon execution of this Agreeement.
COUNTY will not issue a notice to proceed to URS until the funds are received
J
by COUNTY. Any delay attributable to the receipt of funds shall not be the fault
of COUNTY. If any funds are remaining after URS is paid, the funds will be
returned to the Village.
B.The design concept has been established by COUNTY. VILLAGE will provide
input in regard to placement and content. In the event of disagreement between
the parties , COUNTY and FDOT will make the final decision. The VILLAGE
recognizes that time is of the essence in completing these tasks in order to secure
construction funds by July I, 2012. Therefore, the VILLAGE will commit to
working with county staff and URS to provide comments, corrections, and
recommendations for the VILLAGE wayfinding database in a timely manner in
order to meet COUNTY and FDOT deadlines under the Grant Agreement.
6. RESPONSIBILITY OF COUNTY - The County will continue to act in its
capacity as project manager for the Wayfinding Project under the Grant
Agreement and will incorporate the VILLAGE signs into design documents for
approval by FDOT. It is anticipated that the existing green, blue, and brown guide
and informational signs on US I will be replaced and consolidated onto the
approved wayfinding signs. Existing regulatory signs (speed limit, merge, mile
markers, etc) will remain as they currently exist. Recommendations will be
submitted to FDOT to remove extraneous "No Parking" signs. The initial FDOT
submittal (50% plans) is scheduled to occur in late 2011, pending COUNTY
approval of the preferred concept. Funding to construct the new signs is
programmed in the FDOT workprogram for July 1, 2012. In order to secure the
construction funding, final construction documents (100% plans/bid documents)
must be submitted to FDOT early in 2012. COUNTY'S project manager for the
Grant Agreement shall approve payment to URS monthly as provided in Exhibit
B according to the percentage of each Task performed. There shall be no liability
to COUNTY if payment is made incorrectly. In that event, COUNTY will make
its best efforts to obtain a refund of the funds paid.
7. SIGN CONSTRUCTION - The COUNTY is authorized under the Grant
Agrement with the FDOT to seek reimbursement for $970,000 in construction
costs and $50,000 in construction oversight costs relating to the fabrication and
installation of wayfinding signs. Any costs above this amount will require
approval by the Monroe County Board of County Commissioners (BOCC). An
estimate of probable cost will be developed by URS and submitted to the
COUNTY and the VILLAGE prior to construction. The Wayfinding Project
signage, including COUNTY and VILLAGE fabrication and installation, will be
bid by Monroe County. If bids for the project exceed the authorized grant amount,
COUNTY and VILLAGE staff will meet to devise reasonable alternatives for
v V
staying within the project budget such as reduced numbers of signs, rebidding the
project, or requesting additional funds from FDOT. COUNTY will contract for
fabrication and installation of the signs including those within the VILLAGE.
8. SIGN MAINTENANCE: FDOT LAP Agreement (Contract APW 52) requires
the local government to manage and maintain this project. Wayfinding sign
replacement within the VILLAGE boundaries will be the responsibility of the
VILLAGE. Signs incorporated into the Wayfinding Project are subject to this
requirement.
9. TERMINATION — If FDOT or COUNTY terminates the Grant Agreement, this
Interlocal Agreement will automatically be terminated. COUNTY and VILLAGE
may terminate this Agreement upon seven days notice to the other. Any
unencumbered funds or funds not necessary to meet payment obligations to URS
for services described in Exhibit B will be refunded to VILLAGE.
9. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return
receipt requested, and sent to:
FOR COUNTY: FOR VILLAGE:
County Administrator Village Manager
1100 Simonton Street 86800 Overseas Highway
Key West, Florida 33040 Islamorada, FL 33036
Either of the parties may change, by written notice as provided above, the
addresses or persons for receipt of notices.
I I. UNAVAILABILITY OF FUNDS - If the COUNTY learns that funding cannot
be obtained under the Grant Agreement or cannot be continued at a level
sufficient to allow for the services specified herein, this Interlocal Agreement may
then be terminated immediately, at the option of the COUNTY, by written notice
of termination delivered in person or by mail to the VILLAGE at its address
specified above. The parties acknowledge that the COUNTY has no funding
without the funding by the BOCC under the Grant Agreement and agree that the
COUNTY has no liability for funds expended on behalf of the VILLAGE if
construction and installation cannot be provided because of lack of funding of the
Grant Agreement.
12. PERFORMANCE AND OBLIGATION —The COUNTY'S performance under
this Interlocal Agreement is contingent upon an annual appropriation by the
Board of County Commissioners and upon the COUNTY'S performance and
obligation to pay under the Grant Agreement which is contingent upon annual
appropriation by the Legislature of the State of Florida and the availability of
federal funding for the specific purpose of funding the COUNTY'S obligations
under the Grant Agreement. In the event of a State revenue shortfall, withdrawal
of State budget authorization and/or rescission of federal funding, the total
funding will be reduced accordingly. The COUNTY, in accordance with direction
from the Governor and/or the Florida Legislature, shall be the final determiner of
the availability of any funds.
13. COMPLIANCE WITH LAWS AND REGULATIONS - Irt providing all
services pursuant to this Interlocal Agreement,the VILLAGE and COUNTY shall
abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating
the provision of, such services, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules, or regulations shall
constitute a material breach of this agreement.
14. MAINTENANCE OF BOOKS AND RECORDS - VILLAGE and COUNTY
agree to maintain books, records,and documents directly pertinent to performance
under the Grant Agreement and this Interlocal Agreement. VILLAGE agrees to
provide access to the books, records and documents to the COUNTY in order for
the COUNTY to comply with the Grant Agreement.
15. FLORIDA STATUTE SECTION 768.28 — Each party agrees that it shall be
solely responsible for the negligent or wrongful acts of its employees and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28,Florida Statutes.
16. DISPUTES - COUNTY and VILLAGE agree that they will seek to resolve any
disputes between them regarding their responsibilities as soon as possible and at
the lowest level reasonable, in order to conserve the resources of the parties. The
parties further agree to use their best efforts to assure speedy and non-
confrontational resolution of any and all disputes between them. In the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Interlocal Agreement, the
prevailing party shall be entitled to reasonable attomey's fees and court costs, as
an award against the non-prevailing party, and shall include attomey's fees and
courts costs in appellate proceedings, as an award against the non-prevailing
410
party. Mediation proceedings initiated and conducted pursuant to this Interlocal
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
Venue for any legal proceedings shall be in Monroe County, Florida.
17. AMENDMENT AND ASSIGNMENT — No agent, employee, or other
representative of either party is empowered to modify or amend the terms of this
Interlocal Agreement, unless executed with the same formality as this document
with approval of the parties. This Interlocal Agreement or duties under the Grant
Agreement shall not be assignable by either party unless such assignment is first
approved by COUNTY.
18. SEVERABILITY — If any term, covenant, condition or provision of this
Interlocal Agreement (or the application thereof to any circumstance or person)
shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. COUNTY and
VILLAGE agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken
provision.
19. INDEPENDENT CONTRACTORS,WORKERS COMPENSATION—
(a) VILLAGE and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractors and not agents or employees of the
COUNTY or the BOCC with respect to all of the acts and services performed by
and under the terms of this agreement. COUNTY and its employees, volunteers,
agents, vendors and subcontractors shall be and remain independent contractors
and not agents or employees of the VILLAGE with respect to all of the acts and
services performed by and under the terms of this Interlocal Agreement.
(b) VILLAGE will be self-insured against or will secure and maintain during the
life of this agreement, Workers Compensation for all of its employees connected
with the work of this agreement. VILLAGE shall require its subcontractors
similarly to provide Workers Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
VILLAGE. Such coverage shall comply fully with Florida's Worker's
Compensation Law. This Agreement shall not in any way be construed to create a
V r.l
partnership, association or any other kind of joint undertaking, enterprise or
venture between the parties.
20. WAIVER OF PROVISIONS - The failure of either party to this Interlocal
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.
21. AUTHORITY — Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized
by all necessary governmental action,as required by law.
22. ENTIRE AGREEMENT—
(a) It is understood and agreed that the entire agreement of the parties is contained
herein and that this Interlocal Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the parties relating to the
subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Interlocal Agreement shall be valid only when expressed in writing and duly
signed by the parties.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
it
IN WITNESS WHEREOF,the parties to this Interlocal Agreement have caused their names to
be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida.
c0fc- li".x y�
• LA a BOARD OF COUNTY
'1 COMMISSIONERS OF MONROE
COUNTY,FLORIDA
c� r Y L. KOLHAGE,Clerk
e�.puu�ty Clerk ee Mayor/Ch rm
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MONROE OUNTY ATTORNEY
APPi EO AS TO FO M
ISLAMORADA, VILLAGE OF
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Vi lage Clerk Village Manager
Appro ed as to Form and Legal Sufficiency: Date: II 16/II
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LOCAL AGENCY PROGRAM AGREEMENT M1DACtM"Ias'"w'rs"'u
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FPN:_ Salle-I Fund:_ FLAIR Approp:
Federal No: yf,6;-210 Org Code:_ S5CE 3G36 Fyf_ FLAIR ON:_ lot F9
FPN: Fund: FLAIR Approp:
Federal No: Org Cale: FLAIR Ooj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
Canty No: lahrrt Contract No: A Pt/51 _ Vendor No: 5'9600t749ryz
Data UnNersal Number System(DUNS)No: 80439-7102
Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Plannkp and Construction
THIS AGREEMENT,made and entered Into this 7'P'ttay of Aril 2Q22 by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department,and Monroe County Board of County Commissioners hereinafter celled the Agency.
W ITN ES S ET H:
WHEREAS,the Agency has the authority to enter it this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all area of appropriate jurisdiction Including
the implementation of an integrated and balanced transportation system and Is authorized under Section 939.12, Florida
Statutes,to enter into this Agreement
NOW,THEREFORE.In consideration of the mutual covenants,promises and representations herein,the parties agree as
follows:
1.00 Purpose of Agreement The purpose of this Agreement Is to provide for the Departments participation In all:
Nne as a further dscribed In Exhibit'A'attached hereto and by this reference made a part hereof,
hereinafter called the-project;conditions uponprovideDepartment Mandel assistance to the Agency and stab the terms and
which such assistance will be provided and the understandings as to the manner In which the project will
be undertaken and completed.
1.01 Attachments: ExNWt(s)Amid B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described In Exhibit AS with as practical
dispatch, h a sound, economical, and efficient manner, and In accordance with the provisions herein, and all applicable
laws. The project witl be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's legal Aancv Proora m Iafenllal, with by this reference is
made a part hereof as if fully set forth herein. This Is of the essence as to each and every obliga0n under this
Agreement.
A full time employee of the Agency,qualified to ensure that the work being pursued Is complete,accurate,and consistent
with the terms,conditions,and specifications of this Agreement shall be n charge of each project.
Remover of my Unlinked Funds
If Agency falls to timely perform its obligations In subm88ng Invoices and documents necessary for the dose out of the
project,and said false results Ina Ives of the remaining untied funding Sher by Federal withdrawal of funds or loss of
Stale appropriation authority(which may include bah federal hands and stets funds,If any stab funds are on the project).
Agency will be responsible for the remaining untied funds on the project. No other funds will be provided by the
related Federal(FHWA)witnt. Agency waives hdrawal right
of funds or loss re OW of funds by the Deportment. removal it said Is directly
appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding,the De0artment will consider decertification of said Agency for future LAP
projects.
Removal of AN Funds
ISO V
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52EO10tl
LOCAL AGENCY PROGRAM AGREEMENT PROJECT IAANAOEMENT OFFCE
02
Pop 2
If all funds are removed horn the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, men the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2oes
2.02 Expot iration
of
Agreement: The Agency agrees to complete the project on or before June 30. 2013. If the Agency
p project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements,to enable the Agency to provide the necessary hinds for completion of the project.
2.05 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 and the Federal
Highway Administration (FHWA)may require.
3.00 Protect Cost:
3.01 Total Cost: The total cost of the project Is $ 1.100.000. This amount Is based upon the schedule of funding In
Exhibit The Agency agrees to bear all expenses In excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate,including contingencies, in the project cost to the
extent provided In Exhibit"B." This amount Includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
9.03 Limits on DepartmeM Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Departments appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;and
-----d)-DeparrtMent approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Departments performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department'sfunding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "S' for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement it incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of 525,000 and has a term for a period of more
than one year, the provisions of Section 339.135(5)(a), Florida Statutes,are hereby incorporated:
"(a) The department, during any fiscal year, shall not expand money, Incur any liability, or enter into any
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STATE OF FLOWN DEPARTMENT OF TRANSPORTATION 525-01 W0
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
0341
Page
contract which, by its terns, 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
and which have a term for a period of more than 1 year?
3.06 Notiw-to-Proceed: No cost may be Incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limit on Federal Participation: Federal-aid funds shall not participate in any cost which Is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved In the amount determined to be adequately supported and the Department
shall notify the Agency In writing citing the reasons why items and amounts ere not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirement exists, Federal funds may be withheld
until compliance Is obtained. Where non-compliance is not correctable, FIIWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00-Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised,a copy of the revision should be forwarded to the
Department's Comptroller and to the Departments Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Departments
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period,the records shall be retained
until all iiigatton,Claims or audit findings Involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligibt costs of the project except
costs agreed to be borne by the Agency or is contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 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.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPART/AM OF 1MNSPORTATON SasotOJ0
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department,as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (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, as revised, and/or other procedures. By
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FDOTs Office of Inspector General (GIG), and
the Chief Financial Officer(CFO)or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (I.e., state, local government or non-profit organizations as
defined in OMB Circular A-133,as revised)are to have audits done annually using the following criteria:
1. In the event that the recipient expends S500,000 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 '1' of 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.
Y.--- —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,as revised.
3. If the recipient expends less than S500,000 in federal awards In its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133,as revised, Is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources(i.e., the cost of such an audit must be paid from recipient 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: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes)are to have audits done annually using the following criteria:
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 of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicabie rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit '1" 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 stab financial assistance,including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state 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 Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
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STATE Of ruM11M DEPARTMENT Of TRANSPORTATION 525410.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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3. If the recipient expends less than $500,000 in state financial assistance In its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State 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.
Part ill - Other Audit Requirements: The recipient 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.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to pra)eci records and audit work papers shall be given to the Department, the Department of
Financial Services, 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:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted,when required by Section .320(d), OMB Circular A-
133,as revised,by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
-- - Denny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111"Avenue
Miami, FL 33172
b) The Federal Audit Clearinghouse designated In OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1)and(2), OMB Circular A-133,as revised),al the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e)and (f), OMB Circular
A-133,as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, Is not required to be submitted to the Department for reasons
pursuant to Section
.320 n OMB
2)a ys recipient
ol submit
the
otificationpu t to Section 3 (e)(2) and a copy the recipient'saudited 5hedule of Expenditures of
Federal Awards directly to each of the following:
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111th Avenue
Miami, FL 33172
In addition, pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320(c), OMB Circular A-133,as revised,and any Management
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STATE OF FLg11W DEPARTMENT OF TRANSPORTATION 525010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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Letters issued by the auditor, to the Department at each of the following addresses:
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111th Avenue
Miami, FL 33172
3. Copies of the financial reporting package required by Part II 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 address(es):
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation, District 6
1000 NW 111th Avenue
Miami, FL 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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Danny Iglesias, PE
LAP Administrator
Florida Department of Transportation,District 6
1000 NW 111th Avenue
Miami, FL 33172
5. My reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted In a timely manner in accordance with OMB Circular A-133,as revised, Florida
Statutes, and Chapters 10.550 (local governmental entitles) 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, as revised, or Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was de(Wered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 yews from the date the audit report is Issued and shall allow the Department or Its
designee, the state CFO or Auditor General access to such records upon request The recipient shell ensure brat the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor Genera
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls,and records and to
audit the books, records,and accounts pertaining to the financing and development of the project.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525a1040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFN:E
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The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement(Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B. and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1Xa), Florida
Statutes).
All recipients of funds from this Agreement, Including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-?raver of the Departments Disbursement Operations Manuel, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount 6, upon demand, payment of the amount Is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to Me Agertcyirramounts and at limes 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 it
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
LOS Default:
ef ult: The Agency has been determined by the Department to be in default under any of the provisions of the
Agree7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA,or the Department acting in lieu of FHWA,may designate as Ineligible for federal-aid.
7.07 Disallows Coate: 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 or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit 3"for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines,and costs attributable to goods or services received under a contract or other
arrangements which have not been approved In writing by the Department.
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STATE OF FLORIDA DEPARTMENT Of TMNIPdnATION siNi W0
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAOEIENTOFnOE
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7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement In whole or In part at any time the Interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of(a)immediately terminating this Agreement or(b)suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance Is completed, the Agency shall be paid for the work satisfactoril
performed. Payment is to be on the basis of substantiated costs. y
8.02 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: (a)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 a minimum the costs upon the basis of which
the financing is to be computed; (b)furnish a statement of the project activities and contracts and other undertakings the
coet ufwhich are otherwise includable as project costs. The termination or suspension shall be carried out In conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The dosing 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.
9.00 Contracts of Agency:
9.01 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 funds,including consultant
or construction 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 reuse for nonpayment by the Department.
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.
9.02 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project Involves a consultant contract for
engineering, architecture or surveying services, Is contingent on the Agency's complying in full with provisions of Section
287055, Florida Statutes, Consultants'Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. 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.
10.00 Disadvantaged Business Enterprise(DBE)Policy and Obligation: It Is the policy of the Department that DBEs,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement.The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement,
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the Agreement. In this regard, all recipients end contractors shall take all necessaryand reasonable s performancen of this
applicable federal and slate laws and steps to a accordance or and
regulations and subcontractorso that the DBE's noth discriminate the opportunity the bis compete race, c and
perform contracts. The Agency and its contractors shall on the basis of color,
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STATE OF rtONeA DEPARTMENT OF TMNSPORTATON 625010.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT Of if
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national origin or sex in the award and performance of contracts,entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency Is in compliance with, and will
require Its contractors and subcontractors to comply with, all requirements Imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
—Lower Tier Covered Transactions,"in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions,Prohibitions,Controls,and Labor Provisions:
12.01 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, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project,except
contracts for the 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.
12.02 Title VI•CMI Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R.Part 21,and related statutes and regulations.
12.09 Americans with Disabilities Act of 1990(ADA): The Agency will comply with all the requirements as imposed by
the ADA,the regulations of the Federal government Issued thereunder,and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 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 or the locality during tenure or for 2 years thereafter
0
STATE OF FLO "CEPMIMEMT OF TMNIPoRTATION
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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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 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 paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract,subcontract or arrangement.
The Agency shall 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 or of the locality during his tenure or for 2 years
thereafter shall have any interest,direct or Indirect, in this contract or the proceeds thereof."
The provisions of this paragraph 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.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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 breath 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
osr a exist, shall in no way Impair or prejudice any right or remedy available to the Department with respect to such breach
13.04 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.
13.05 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
er.
13.08 State Law: Nothing In the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. 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.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
tte Hi thew yrS�temThe D, the apper y Department will shall submit
bmre to the w all Department for approval all appropriate plans and specifications
covering with ro approved plans and specifications and will Issue to the Agency a written
approvalproject deemed y portions of the project and comments or recommendations covering any remainder of the
appropriate. After resolution of these comments and recommendations to the Departments satisfaction,
the Department wilt issue to the Agency a written approval with said remainder of the project. FaNure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
j
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52A01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MMAGEMENT OFFICE
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solicitation of bids for construction of the project,Including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify In writing,prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name,and the project is accepted by the Agency as suitable for the intended purpose.
13.11 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.
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-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 federally-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 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 paragraph 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
subreciplenls shall certify and disclose accordingly.
Stab: No funds received pursuant to this contract may be expended for lobbying the Legislature the judicial branch or a
state agency.
19.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any Improvement on Department right-of-way, the Agency ® will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document Identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 waking 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 the receipt, inspection, and approval of goods
and services, a separate Interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the Invoice amount to the Agency. Interest penalties of less than one$1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The Invoice payment requirements do not start unfit 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 State Comptroller's Hotline. 1-
800-548-3792.
STATE OF FIORIW DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT 'M01FC T µW ACEIEN2 OFFICE
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY MONROE COUNTY
BOARD OF COUNTY C SSIONE S STATE OF FLORIDA DgPARTMENT OF TRANSPORTATION
By: By: L -I:2 /12
Tam:Sr/ a J, 04,47 / Name: Atr: ,
lifer Tide: d. .-. �;
Attest.
7dSe:D Attest:
ANN7S'L. EOL Tide' cx� -c /' >. ,
GAGE, Clark :. t
As to'RAf1M•°' As to form:2.1
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7
Attorney �> � District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
MONROE COUNTY ATTORNEY
APP O ED AS TO FORM:
N M. ORIMS
ASSISTANT COUNTY ATTORNEY
Date_d �7.Y .
V
STATE OF FLORIDA DEPARTMENT OF IM4SPORTATION 5254T440
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT"A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN:428298-1
This exhibit forms an Integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County Board of County Commissioner§
Dated
PROJECT LOCATION:
The project_is d Is not on the National Highway System.
The project xis is not on the State Highway System.
PROJECT DESCRIPTION:
The Florida Keys Scenic Highway corridor was recently designated as an NI-American Road. Monroe County is
developing a standardized "wayfindIng" signage system that will provide consistency and remove existing sign clutter
Oonrsehg e rridor. This project will be designed in concert with the scenic highway program and the Florida Keys
Heritage Trail to promote economic benefits for Monroe County businesses and citizenry.
SPECIAL CONSIDERATIONS BY AGENCY:
None
SPECIAL CONSIDERATIONS BY DEPARTMENT:
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STATE OF FLORIDA DEPARTMENT OF TRNaPORTATE)N 51g4I0y0
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT"B"
SCHEDULE OF FUNDING
IAGENCY NAME&BILLING ADDRESS FPN: I
Monroe County Board of County Commissioners 1428298-1
PROJECT DESCRIPTION
Name All-Amaricen Road amen
Terming US 1 Corridor-MM 0-MM 110
FUNDING
(U RI
TYPE OF WORK By Fiscal Wier PROJEECCTT FEN
NDS FOUNDS FEDERAL
Planning 2007-2008
2006-2009
Total Planning Cost
Project Development$Environment(POSE)
2006-2007
2007-2008
2008-2009
Total POSE Cost
Design 2006-2007
2007-2008
20082008
2009-2010 D0 000 9 Dp.900
Total Design Cost
RIgMof-Wsy 2006-2007
2007-2006
2008-2009
Total RIgSoi-Way Cost
Construction
2008.2009
2009-2010
2010-2011 R70.000 9 970000
Total Construction Cost
Construction Engineering and Inspection(CEI)
2008-2009
2009-2010
2010-2311 "WOO 9 tin 000
Total CEI Cost
Total Contautllori and CEI Costs
TOTAL COST OF THE PROJECT 1,100,000 0 1,100.000
The Departmenrs fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1st of July of
each fiscal year.The Deparbnem will notify the Agency,in writing,when funds am available.
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US
EXHIBIT B
SCOPE OF SERVICES FOR
VILLAGE OF ISLAMORADA - MONROE COUNTY WAYFINDING SIGN DESIGN
PURPOSE
The purpose of this document is to describe the scope of work and the responsibilities of the
CONSULTANT and the County (and Village of Islamorada) in connection with the planning,
design, and preparation of a complete set of signage plans to install 'Wayfinding' signs
along US I Florida Keys Scenic Highway Corridor in the Village of Islamorada - Monroe
County. The signage plan, which include the concept plan and the design plan will be
incorporated to the signage plans that being prepared by the CONSULTANT for the
unincorporated portions of the US 1 Florida Keys Scenic Highway Corridor in Monroe County.
The CONSULTANT will perform those planning and engineering services required to identify
appropriate locations, develop a concept plan, and prepare a set of contract plans to
include Wayfinding signs in the Village of Islamorada - Monroe County. It will be the
CONSULTANT'S responsibility to utilize the standard engineering judgment, practices and
principles possible during the prosecution of the work commissioned under this contract.The
CONSULTANT will demonstrate good project management practices while working on this
project.These include communication with the Village of Islamorada-Monroe County and
others as necessary: management of time and resources, and documentation. The
CONSULTANT should make every effort to make use of all past studies and information
gathered,and not repeat tasks that have been completed through the CommuniyKeys or
other programs.
The Village of Islamorada - Monroe County will provide contract administration,
management services,and technical reviews of all work associated with the development
of concept plans and preparation of the contract plans. The Village of Islamorada -
Monroe County will provide job specific information and/or functions as outlined in this
agreement.
STUDY OBJECTIVE
The goals of this study/task include reducing signage clutter along US 1 by developing a
wayfinding approach that recognizes the uniqueness of the corridor,provides identification
for the communities, supports local businesses, and conveys important information to
motorists and public at large,visual continuity between all elements:the portal signs for the
north and the south ends of the scenic highway,gateway elements announcing arrival at
the constituent communities, and directional signage for public amenities (boat launches,
parks,shopping areas,etc.) and historical features.These do not all need to be identical but
they do all need to be compatible and coordinated, communicating well to the visiting
public, as well as reflecting well on the constituent communities.
The general objective is for the CONSULTANT to prepare a set of plans to be used by the
contractor to install Wayfinding Signs and for the Village of Islamorada-Monroe County so
that the project is built as designed to applicable FDOT standards.
URS Corpora0on Southern
3S43 Meat Commercial Blvd.
Suns 100
Fad Lau0erdak,FL 33309
Tel:954.739.1181
Fax:959.139.1999
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Y_YYI E%HIBR B Scope of Services:US ll Overseas Highway:Village of lslamorada-Wayfinding Sign Design
September 22,2011
Page 2 of 4
Elements of work will include:
1. Collecting and reviewing past studies applicable to the Village of Islamorada -
Monroe County.
2. Identifying appropriate locations for Wayfinding Signs and unwanted signs along the
US 1 corridor in the Village of Islamorada-Monroe County.
3. Developing concept plan sketches consistent with the rest of the Monroe County
Wayfinding Program.
4. Attending and presenting the plan to stakeholders.
5. Preparing design plans and establishing quantity computation booklets, and
reasonably necessary incidental items for a complete project to be bid or let by the
County.
1. BACKGROUND REVIEW
The CONSULTANT will review past studies that are relevant to the wayfinding program in the
Village of Islamorada-Monroe County.The Village of Islamorada-Monroe County will be
responsible for providing the CONSULTANT with all existing relevant documents in a timely
manner to execute this task.
2. IDENTIFYING APPROPRIATE LOCATIONS
The CONSULTANT will utilize existing data, including the recently completed US 1 Sign
Inventory Data Base,GIS Maps,and perform a field review to identify appropriate locations
for Wayfinding Signs.
The locations will be in compliance with the requirements of FS 14-51 - Florida's Highway
Guide Signs, Part V- Wayfinding Signs. Coordination with all permitting agencies and the
Village of Islamorada- Monroe County will be required from the outset.All meetings and
decisions are to be documented for the records.
3. DEVELOPING CONCEPT SKETCHES
The CONSULTANT will utilize the wayfinding sign theme developed for Monroe County.The
concept plan should identify engineering standards, such as wind loading requirements,
break-away standards, and clearance requirements. The same theme will be applied
regardless of the geographical location of the signs.The CONSULTANT will prepare concept
plan sheets to locate the proposed signs.
4. ATTENDING AND PRESENTING THE PLAN TO STAKEHOLDERS
The Village of Islamorada-Monroe COUNTY will schedule and conduct one stakeholders
meeting.The CONSULTANT will prepare presentation materials and make presentations to
solicit input from the stakeholders.This meeting is intended to exchange information, and
build consensus to develop the Wayfinding Sign plan for the Village of Islamorada.
5. SIGN DESIGN PLANS PACKAGE
This work effort includes analysis and design and to prepare a complete set of plans,permit
sketches, and other necessary documents. All design work will be in compliance with the
requirements of the regulatory agencies.Full coordination with all permitting agencies and
the County Engineering Department will be required from the outset. All meetings and
decisions are to be documented for the records. The CONSULTANT will design the project
using the design standards that are most appropriate for the scope of work.
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Y�rlr EXHIBIT B Scope of Services:US 11 Overseas Highway:Village of Islamorotla-Wayfinding Sign Design
September 22,2011
Page 3 of 4
The CONSULTANT will submit to the County design notes and computations to document the
design conclusions reached during the development of the plans.The complete package
should also include National Environmental Policy Act (NEPA) checklist to satisfy the
'Categorical Exclusion' of this project from requiring environmental permits. The
CONSULTANT will provide specifications for the project.
The CONSULTANT will utilize the Concept Plans developed in Task 3 as the foundation for
developing the design plans.Survey and geotechnical data are not anticipated (and not
budgeted) for this project. Field measurements should be collected to locate all proposed
signs to assist with the development of design plans. The CONSULTANT will prepare and
submit plan sheets at I"=100' scale, notes, and details to include the following: Key Sheet,
Project Layout Map, Typical Sections sheet with General Notes, Summary of Quantities
sheets,miscellaneous construction details,and any other detail sheets necessary to convey
the intent and scope of the project for the purposes of construction. Specific cost estimates
will supplement the design plans. The scope of this project does not include collecting
supplemental survey and/or geotechnical data.
The CONSULTANT will prepare and submit structural calculations and details of Wayfinding
Sign poles, if necessary.
Deliverables:
Three (3) deliverables are anticipated to accomplish this project.They are:
1. Concept Sketches and Statement of Design Approach.
----- ---- 2. Preliminary Design plans-50%.
3. Final Design plans - 100%, including the removal of unwanted signs
supplemented with cost estimates, permits, and other application materials.
Each submittal will include ten (10)sets of 11"x17" plans and/or8'/2'xl 1"written documents
for review and circulation. The final submittal will include six signed and sealed sets of plans,
along with six copies of calculations report, if any, signed and sealed.
Utilities:
Utility information gathered from the FDOT as built plans will be used in deciding appropriate
locations for the wayfinding signs. The utility information will not be presented in the plans;
instead,specific notes will be added to the design plans directing the contractor to confirm
utility locations near all proposed wayfinding signs.
Permits:
The CONSULTANT will perform a preliminary field review and will be responsible for early
identification of permits required and coordination with the County to see that design efforts
are properly directed toward permit requirements.The CONSULTANT will be responsible for
securing FDOT and other required permits for construction approval of these plans.
Project Schedule:
Within seven (7)days after the Notice-To-Proceed,the CONSULTANT will provide a schedule
of calendar deadlines.The schedule will be prepared in a format prescribed by the County.
The schedule will be based on the dates of the community meetings,50%and 100%plans
submittals.
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CsJ
EXHIBIT B Scope of Services:US 1J Overseas Highway:Village of Islamorada-Way/hiding Sign Design
September 22,2011
Page 4 of 4
Meetings and Presentations:
Apart from the community meeting,the CONSULTANT will attend one (1) Kick-Off meeting,
and one meeting each (total of 4) in person client meetings to review and discuss and/or
coordinate project issues. The Village of Islamorada-Monroe County will make sure that
FDOT staff that is ultimately responsible for approving the design plans will be present at
these review meetings. Additional meeting time has been scheduled for Permits and Utility
Coordination.
Quality Control:
The CONSULTANT will be responsible for the professional quality, technical accuracy and
coordination of all drawings,specifications and other services furnished by the CONSULTANT
under this contract.
Compensation for Services
The Consultant shall be paid a lump-sum amount of$39,860.88 for satisfactory completion of
the work and delivery of the end products. The staff-hour estimates and the fee are
presented in Attachment A.Invoices wilt be submitted monthly,reflecting the compensation
for proportional completion of the contract.
Aftachment A
Staff Hours and Cost Estimate
US 1 /Overseas Highway-Village of Islamorada
Wayfinding Sign Plan
TASK payed Mn9e r seder we. I we Tech. madcap Tete Hours
TASK-1:BACKGROUND REVIEW
1. Collect and Review Data. 2 i 4 0 10
SUBTOTAL 2 , 4 4 , 0 , 0 10
TASK-2:IDENTIFY APPROPRIATE LOCATIONS FOR WAYFNDING SIGNS
1. Review Slyn Inventory and coup them lntepolble 0 4
2. Identify e19n requirements 4 16 20
SUBTOTAL 0 I 8 i 16 I 0 r 0 24
TASK-3:DEVELOP CONCEPT SKETCHES
1. Davewpconceptplans and Desgn Approach I 16 24 40
2. Meeting to review concept drawlrigs 4 r 4 r r 8
SUBTOTAL • I 20 i 0 i 24 i 0 48
TASK-4:COMMUNT'MEETNGS
1. Prepereyresentation materials 2 2 4 8 1
2. Attend Meeting(1)and present 4 4 8
SUBTOTAL 6 8 0 4 0 16
TASK-5:DEVELOP SIGN DESIGN PACKAGE
1. Develop 50%PMns 0 32 40 76 1
2. Submittal and Review Meeting 1 1 2
3. DavaLg100%PMns 4 20 40 88
4. Submittal and Review Meeting 1 1 2
5. permit applications/assistance and Miscellaneous 1 1 4 4 10
SUBTOTAL 11 59 4 84 0 150
MEETINGS
1. Meetings(4) 4 4 8
SUBTOTAL 4 4 0 0 0 8
TASK ADMINISTRATION
1. Task Management a 2 10
2. Sidings 1 3 4
3. Job Close-Outs Records Transferring. 1 3 4
SUBTOTAL 20 i 0 0 1 0 8 I 28
TOTAL STAFF HOURS 47 1 101 24 r 112 8 li 292
Uu CoMracbyRates $20641 $17289 $96.76 $89.18 $5122
TOTAL BUDGET $9,70127 :417,441.89: $2.32224 : 49,98542 $409.76 $39860.88
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ATTACHMENT B
November 10, 2011
Existing guide and information signs on US1 in IVOI are as follows:
Lower Matecumbe Key.north bound
1. Lower Matecumbe Key
2. Anne's Beach
3. State Park Tour Boat Landing
Lower Matecumbe Key.south bound
1. Lower Matecumbe Key
2. State Park Tour Boat Landing
The Fill Area.north bound
1. Indian Key Fill
2. Picnic Information Sign: 1 Mile
3. Tea Table
The Fill Area.south bound
1. Tea Table
2. Indian Key Fill
3. State Park Tour Boat Landing
Upper Matecumbe Key.north bound
1. Upper Matecumbe Key
2. Picnic Information Sign with Arrow
3. Hurricane Monument/Florida Heritage
4. Visitors Center 1 Mile
5. Islamorada Chamber of Commerce/Visitors Center
Upper Matecumbe Key.south bound
1. Upper Matecumbe Key
- - -----2. Visitors Center
3. Post Office
4. Picnic Information Sign 2 Miles
5. Hurricane Monument/Florida Heritage
6. Public Library
7. Picnic Information Sign
0 V
Windley Key.north bound
1. Windley Key
2. Theater of the Sea
Windlev Key.south bound
1. Windley Key
2. Windley Key Geological State Park
3. Theater of the Sea
Plantation Key.north bound
1. Plantation Key
2. US Coast Guard
3. Plantation Key Government Center/Monroe DOH
4. Florida Keys Community College
Plantation Key.south bound
1. Plantation Key
2. Florida Keys Community College
3. Plantation Key Government Center/ Monroe DOH
4. US Coast Guard
Page 2 of 2
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