1st Supplement 04/17/2013CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
TO: Christine Hurley, Director
Growth Management Division
ATTN. • Mayra Tezanos
Executive Assistant
FROM. Pamela G. Hanc ck, . C.
At the April 17, 2013, Board of County Commissioner's meeting, the Board granted approval
and authorized execution of Item G3 Supplemental No. 1 to Joint Participation Agreement (JPA) AQN-
53 with the Florida Department of Transportation to increase the JPA funding from $150,000 to
$380,000 for the County's Transportation Planning Program. The FDOT share is 87.5% ($332,500),
Monroe County is required to provide in -kind match of 12.5% ($47,500).
Enclosed are three duplicate originals of the above - mentioned, executed on behalf of Monroe
County, for your handling. Please be sure to return one fully executed duplicate original as soon as
possible. Should you have any questions, please feel free to contact our office.
cc: County Attorney w/o document
Finance
File ✓
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 - 852 -7146
DATE: May 2, 2013
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
a6/11
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page of
Number 1
Financial Project No.:
Fund: SL I FLAIR Category: 088854
25222811407 Function: 215 Object Code: 790015 & 750031
(Item- segment - phase - sequence) Federal No.: Org. Code: 55062010630
Contract No.: AQN -53 DUNS No.: 80- 939 -7102 Vendor No.: F596000749054
Catalog of Federal Domestic Assistance Number: 20.205 Catalog of State Financial Assistance Number: 55.023
THIS AGREEMENT, made and entered into this S day of JlMe- , aol 3 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
referred to as the Department, and Monroe County
2798 Overseas Highway Suite 400, Marathon, FL 33050
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21 day of June _ 2012
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 $332,500.00
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 per Exhibits B and D for planning services.
The agreement is extended for a period of one year. Attached Exhibits B and D supersede the previously incorporated
exhibits in JPA AQN -53, dated June 21, 2012.
725 -030-07
PUBLIC TRANSPORTATION
06111
Page 2 of 5
2.00 Project Cost:
Paragraph 3.00 of said Agreement is ® increased / ❑ decreased by $230,000.00
bringing the revised total cost of the project to $380,000.00
Paragraph 4.00 of said Agreement is ® increased / ❑ decreased by $201,250.00
bringing the Department's revised total cost of the project to $332,500.00
3.00 Amended Exhibits:
Exhibit(s)
4.00 Contract Time:
of said Agreement is amended by Attachment "A ".
Paragraph 18.00 of said Agreement is extended until June 30 2014.
5.00 E- Verify:
Vendors /Contractors:
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
06111
Page 3 of 5
Financial Project No. 25222811407
Contract No. AQN -53
Agreement Date 71-4 A2 J
Except as hereby modified, amended or changed, all other terms of said Agreement dated
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
Monroe County
AGENCY NAME
George R. Neugent
SIGNATO (PRINTED OR TYPED)
2-
IGNATURE
Mayor /Chairman 04/17/2013
TITLE
MON COUNjY ATTORNEY
P OVED AS TO F ,9flM
Date: o
+-.
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
TITLE
(SEAL)
ATT ZEMP HEAVI IN, CLERK
8 ,
U CLERK
N —n
C= _
W r—
L
C C3
'tl
Z r
.. Q
Harold A. Desdunes, P.E.
District Director of Transportation Develop) nei it
725 -030.07
PUBLIC TRANSPORTATION
06/11
Page 4 of 5
Financial Project No. 25222811407
Contract No. AQN -53
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the
State of Florida, Department of Transportation and Monroe County
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
I. Project Cost: As Approved
$150,000.00
Total Project Cost $150,000.00
As Amended
$380,000.00
$380,000.00
Net Change
$230,000.00
$230,000.00
II. Fund Participation: As Approved
Department: $131,250.00
Agency: 318, 750.00
Other:
Total Project Cost 5150,000.00
As Amended
$332,500.00
$47,500.00
$380,000.00
Net Change
$201.250.00
$28,750.00
5230,000.00
Comments:
725 -030.07
PUBLIC TRANSPORTATION
06/11
Page 5 of 5
III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING
If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are
programmed in the Department's Work program in the following fiscal year(s):
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Project years may be advanced or deferred subject to Legislative appropriation or availability of funds.
FM # 2522281 -14 -07
CONTRACT #
EXHIBIT `°A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation, and the Monroe County Growth Management
Division, Planning & Environmental Resources, 2798 Overseas Hivhway, Suite 400, Marathon,
Florida, 33050 dated June _, 2012, referenced by the above Financial Project Number.
PROJECT LOCATION: Monroe County, Florida
PROJECT DESCRIPTION: Monroe County Transportation Planning Program
SCOPE OF SERVICES:
TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE
The purpose of this task is to provide funding assistance for the transportation planning
consultant to support the Monroe County Transportation Planning program. This support will
provide assistance for general transportation planning and analysis activities. The activities will
include short and long range transportation planning, plan updates, planning studies, traffic
operational analyses, data collection, technical support, and review of development proposals.
The activities may also include bicycle and pedestrian planning and analysis, scenic highway
planning, coordination, and designation activities, and other activities necessary to support the
transportation planning program of Monroe County.
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.
TASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE
The purpose of this task is to provide funding assistance for the transportation planning staff
positions to support the Monroe County Transportation Planning program. The transportation
planning program will include short and long range transportation planning, plan updates,
planning studies, traffic operational analyses, data collection, technical support, and review of
development proposals. The activities may also include bicycle and pedestrian planning and
analysis, sce.iic highway planning, coordination, and designation activities, and other activities
necessary to support the transportation planning program of Monroe County. The transportation
planning staff responsibilities will include all activities necessary to carry out the Transportation
Planning program of the County, such as coordination and meeting with the Department on a
quarterly basis, and managing the work activities of the consultant.
March 23. 2012 FDOT District 6
Intermodal Svstems Planning Office
FM # 2522281 -14 -07
CONTRACT#
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.
PROJECT COST
The project cost is identified in Exhibit B. The public agency may distribute funds between
Tasks l 8c 2 as needed to effectively complete the project. All transportation planning activities
will be documented in the quarterly progress reports to the Department. The costs of travel and
equipment are to be borne by the public agency as part of the local match.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project Number
and the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
March 23. - 1 012 MOT District 6
Intermodal Systems Planning Office
FM # 2522281- 1.1 -07
CONTRACT # AON -53
Sunnlemental JPA #1
EXHIBIT "B"
PROJECT COST AND BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
Florida Department of Transportation and the Monroe County , 2798 Overseas Highway, Suite
400, Marathon, Florida, 33050, dated June 21, 2012, referenced by the above Financial Project
Number.
I. PROJECT BUDGET:
Original J PA Amount
Supplemental Agreement
150.000.00
$230.000.00
TOTAL PROJECT COST: 5380,000.00
H. FUND PARTICIPATION:
Maximum Federal Participation
(75 %) .x,285.000.00
Public Agency Participation
In -Kind ( 12.5 %) `547.500.00
Cash (0 %) $0.00
Other (0 %) `$0.00
Maximum Department Participation
(DSF) ( 12.5 %) 5 ,47.500.00
TOTAL PROJECT COST 5380,000.00
FDOT District 6
Intermodal Systems Development Office
FM # 2522281 -14 -07
CONTRACT #
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between the
Florida Department of Transportation and the Monroe County Growth Management Division,
Planning & Environmental Resources, 2798 Overseas Highway, Suite 400, Marathon, Florida,
33050 dated June _, 2012, referenced by the above Financial Project Number.
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.
`larch 23, 2012 FDOT District 6
Intennodal Systems Planning Office
E 725 -030-06
EXHIBIT D
PUBLIC TRANSPORTATION
04106
FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
• (Etc... )
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
FHWA 20.205, Highway Planning and Construction $285,000.00
Compliance Requirements
1. Federal participation is 75 %; State participation is 12.5 %; Local participation is 12.5 %.
2. In accordance with this JPA # AQN -53 and Supplemental Agreement #1 including 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 (NNS), 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 sate highway
design; to replace or rehabilitate deficient or obsolete bridges: and to provide for other special purposes. fhis 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 ofthe 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
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
RIO# 2522281- 14 -07 FDOT District 6
Intermodal Systems Development Office
EXHIBIT D
725 -030-06
PUBLIC TRANSPORTATION
04/06
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.
AUDITS
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 $00,000 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 $00,000 a year in Federal awards are exempt from Federal audit
requirements for that ,year, except as noted in Circular No. A -133.
Fit# 2522281 -14 -07 FDOT District 6
Intermodal Systems Development Office
EXHIBIT D
STATE RESOURCES
State Agency
FDOT
Catalog of State Financial Assistance (Number & Title)
55.023, State Highway Project Reimbursement
725 -030-06
PUBLIC TRANSPORTATION
04/06
Amount
$47,500.00
Compliance Requirements
1. Federal participation is 75 %; State participation is 12.5 %; Local participation is 12.5 %.
2. In accordance with this JPA #AQN -53 and including 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/ Real
Not applicable.
Property
Management:
",Matching:
Not applicable.
Period of Availability:
State Fiscal Year: July 1 to June 30. The contract must be
executed during the fiscal year for which state funds are
programmed. Once committed, the funds certify forward across
fiscal years for the life of the contract.
Reporting: Project costs are reviewed and approved upon receipt of an
invoice from the county of municipality.
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
FM# 2522281 -14 -07 FDOT District 6
Intermodal Systems Development Office
E 725- 030-06
EXHIBIT D
PUBLIC TRANSPORTATION
04!06
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.
FAA# 2522281 -14 -07 FDOT District 6
Intermodal Systems Development Office
TO: PL630CT @dot.state.fl.us 14233863
SUBJECT: FUNDS APPROVAL /REVIEWED FOR CONTRACT AQN53
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AQN53 Contract Type: Method of Procurement:
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749054
Beginning date of this Agmt: 06/21/12
Ending date of this Agmt: 06/30/14
***************************************** * * * * * * * * * * * * * * * * * * ** * * * * * * * * * **
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 * 172500.00 *25222811407 *215 *20.205
2013 *55100100 *088854/13
5001 *00 * SA 1 *0002/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 172,500.00 *
------------------------------------------------------------------------
FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/22/2013
TO: PL630CT@dot.state.fl.us 10294347
SUBJECT: FUNDS APPROVAL /REVIEWED FOR CONTRACT AQN53
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AQN53 Contract Type: Method of Procurement:
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749054
Beginning date of this Agmt: 06/21/12
Ending date of this Agmt: 06/30/14
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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 *790052 * 28750.00 *25222811407 *215 *20.205
2013 *55100100 *088854/13
S002 *00 * SAl *0003/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 28,750.00 *
------------------------------------------------------------------------
FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/30/2013