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2nd Supplement 05/21/2014' BOARD OF COUNTY COMMISSIONERS Coupof Monroe �' 1 Mayor Sylvia J. Murphy, District 5 �j] �- � � \ Mayor Pro Tern, Dann L. Kolha e, District 1 J Y Y g .\= y George Neugent, District 2 The Florida Keys " ~' V Heather Carruthers, District 3 David Rice, District 4 MEMORANDUM PUBLIC WORKS & ENGINEERING Q /� DATE: July 11, 2014 TO: Vitia Fernandez or ` Lindsay Ballard�� VIA: Kathy Peters, Paralegal i 2014 County Attorney's Office FROM: Pamela G. Hancok,$r� Ex Fi SUBJEC Item_C33= May-2-1; 2014 BOCC Meeting - _Enclosed is a fii y exec T T^ pp emental #2 to the Joint Participation Agreement (JPA) AQNT533ith the Florida Department of Transportation (FDOT)_to extend the contract deadline to June 30, 2015 and to increase the funding for the county's transportation planning program by $230,000 Please file for the record. Should you have any questions, please feel free to contact me at 4529. Thank you. cc: Finance Enclosure (1) A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION osr„ SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page Iof5 Number 2 Financial Project No.: Fund: SL - FLAIR Category: 088854 25222811407 Function: 215 Object Code: 790015 & 750031 (item -segment -phase -sequence) Federal No.: Org. Code: 55062010630 Contract No.: AQN53 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 27 1441. day of Jy�! z..Q t , 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 102050 Overseas Hichwav, Rm 212. Key Larao. FL 33037 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 _$533,750,00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the _other. _the .parties hereto_agree-that_the_abo_v_e described Joint: ParticipationAgreement.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 AQN53, dated June 21, 2012. 725-030-07 PUBLIC TRANSPORTATION 08111 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 $610,000.00 Paragraph 4.00 of said Agreement is ® increased / ❑ decreased by 1201,250.00 bringing the Department's revised total cost of the project to $633,750.00 3.00 Amended Exhibits: Exhibit(s) A. B, and D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement is extended until June 30, 2015. 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 GW1I Page 3 of 5 Financial Project No. 25222811407 Contract No. AQN53 Agreement Date % •2,7 • 2 01 f Except as hereby modified, amended or changed, all other terms of said Agreement dated Juv►e 2 1 2,04'1- 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 Mayor _ -• -__. -TITLE-- Attest: By: Title: Clerk Approved as to form and legality: By: COUNTY Attomey FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller 7—) (71b :GAL REVIEW _PARTMENT OF TRANSPORTATION SPARTMENT OF TRANSPORTATION May 21, 2014 li4r414 ZPJ dins /-- Y nn �► r+ec ?b r ®r(—rklz^ .br7�a toc, MONROE COU1\1TY ATTORNEY CHRISTINE= M. LIMBERT-BARROWS ASSISTANT, COUNTY ATTORNEY Data _Ll— ��� Department Legal Review: By: 725.030-07 PUBLIC TRANSPORTATION 06111 Pape 4 of 5 Financial Project No. 25222811407 Contract No. AON53 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 An LO L4, X(-L- DESCRIPTION OF SUPPLEMENT (Include justification for cost change): t. . Project Cost: Total Project Cost As Approved $380,000.00 $380,000.00 As Amended $610,000.00 $610,000.00 Net Change $230,000.00 $230,000.00 It. Fund Participation: _ As Approved As Amended Net Change Department: $332,500.00 $533,750.00 $201,250.00 Agency: $47,500.00 $76,250.00 $28,750.00 Other. Total Project Cost $380,000.00 $610,000.00 $230,000.00 Comments: 725-030-07 PUBLIC TRANSPORTATION 06111 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 # A N53 Supplemental JPA #2 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 . 2748 Overseas Highway Suite 400, Marathon, Florida. 33050 dated June 21, 2012, referenced by the above Financial Project Number. I: PROJECT BUDGET: Original JPA Amount $150,000.00 Supplemental Agreement $460,000.00 TOTAL PROJECT COST: $610,000.00 11. FUND PARTICIPATION: Maximum Federal Participation (750/o) $457,500.00 Public Agency Participation (12.5%) $76,250.00 Cash (00/0) $0.00 Other (00/0) $0.00 Maximum Department Participation (DSF) (12.50/6) $76,250.00 TOTAL PROJECT COST $610,000.00 May 5, 2014 FDOT District 6 Intermodal Systems Development Office EXHIBIT D PUBLIC TRANSPORTATION 04108 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 $457,500.00 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 Supplemental Agreement #1 including Exhibits A, B, C, and D. 3. OBJECTIVES Federal -aid Highway Program: To assist State transportation agencies in the planning and development of an integrated, interconnected transportation system important to interstate commerce and travel by constructing at}d rehabilitating the National Highway System (NHS), including the Eisenhower Interstate System; and for transportation improvements to mosf oilier piiblic roads; to provide aid for the repair of Federal=aid highways following disasters; to foster safe highway design; to replace -or rehabilitate deficient or obsolete bridges; and to provide for other special purposes. This program also provides for the improvement of roads in Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and the Alaska Highway. The Federal Lands Highway Program (FLHP), as an adjunct to the Federal Aid Highway Program, provides assistance to the Federal Land Management Agencies (FLMAs) for Federally owned roads. It provides transportation engineering services for planning, design, construction, and rehabilitation of the highways and bridges providing access to federally owned lands. The Federal Lands Highway organization also provides training, technology, deployment, engineering services, and products to other customers. USES AND USE RESTRICTIONS Federal -aid highway funds are generally apportioned by statutory formulas to the States. They are generally restricted to roads open to the public and not functionally classified as rural minor collectors or local. Exceptions to this highway functional classification restriction include: planning and research activities; bridge, bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement activities; the recreational trails program (see program 20.219); safe routes to school, non -motorized transportation, the FLHP, and public transportation improvement. The FLHP is not a grant program. For highway projects, funds may be used for environmental studies, engineering and design services, right-of-way acquisition and relocation assistance, and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functional, geometric, or safety reasons. Funds may also be used for planning; research, development, and technology transfer; intelligent transportation systems projects; roadside FM# 2522281-14-07 FDOT District Six - Intermodal Systems Development Office EXHIBIT D 725.030-08 PUBLIC TRANSPORTATION 04MG 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...Eor_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 $500,000 or more in Federal awards from all sources during their fiscal year must have a single or a program -specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. FM# 2522281-14-07 FDOT District Six - Interm®dal Systems Development Office EXHIBIT D 725430-08 PUBLIC TRANSPORTATION 04106 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55.023, State Highway Project Reimbursement $76,500.00 Compliance Requirements 1. Federal participation is 75%; State participation is 12.5%; Local participation is 12.5%. 2. In accordance with this JPA #AQN53 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 o 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-reclpient 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 Six'- Intermodal Systems Development Office EXHIBIT D PUBLIC TRANSPORTATION 041M Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount n/a n/a n/a Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. FM# 2522281-14-07 FDOT District Six - Intermodal Systems Development Office TO: PL630CT@dot.state.fl.us 11023900 SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT AQN53 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQN53 Contract Type: Al Method of Procurement: G Vendor Name: MONROE COUNTY Vendor ID: VF596000749054 Beginning date of this Agmt: 06/21/12 Ending date of this Agmt: 06/30/15 Contract Total/Budgetary Ceiling: ct = $505,000.00 ************************************************************************ Description: Monroe County Long Range Transportation Plan ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 062010630 *TP *790052 * 1725.00.00 *25222811407 *215 *20.205 2014 *55100100 *088854/14 S003 *00 * SA 2 *0004/04 ----------------------------------------------------------------------- TOTAL AMOUNT: *$ 172,500.0'0 --------------- 7-------------------------------------------------------- FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 06/23/2014 TO: PL630CT@dot.state.fl.us 11023900 SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT AQN53 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL ContractC#AQN53'Contract Type: Al Method of Procurement: G Vendor Name: NROE COUNTY Vendor ID: VF596000749054 Beginning date of this Agmt: 06/21/12 Ending date of this Agmt: 06/30/15 Contract Total/Budgetary Ceiling: ct = $505,000.00 Description: Monroe County Long Range Transportation Plan ************************************************************************ 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 *790092 * 28750.00 *25222811407 *215 *20.205 2014 *55100100 *088854/14 S003 *00 * SA 2 *0005/10 --------------------_-_--------------------------------------------------- TOTAL AMOUNT: ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 06/26/2014 F1DOT OWPB - Federal Aid Management Reports; Electronic Signatures (Elsig) Page 1 of 2 06/17/2014 Florida Department of Transportation Federal Authorization Management System Notice of Approved Modification to Federal Project Agreement from Federal Highway Administration Federal Aid Project Number: 8887 370 State Project Number: 252228-1 14 07 Modification Number:007 The Project Agreement for the above -referenced project entered into between the undersigned parties and executed by the Division Administrator on 06/18/2007 is hereby modified as follows: Project Location: MONROE COUNTY LONG RANGE TRANSPORT PLAN;PLANNING MODELS/DATA UPDATE;PLANNING Character of proposed work: Preliminary Engineering Revised Revised Urban/ Revised Federal Federal Funds Dist. Appr. With Total Cost Share Under Agreement 06 L200 312,750.00 100.0% 312,750.00 06 L20E 873,562.00 100.0% 491,250.00 06 Q200 521,250.00 100.0% 312,750.00 Department of Transportation Available funds certified by: ANA ALVAREZ Approval recommended by: DONNA LOCKHART Approved and Authorized by: RICHARD LUTEN Federal Highway Administration Approval Recommended By: KYLE M. PICKETT Approved and Authorized By: STACIE E. BLIZZARD Agreement Approved By: STACIE E. BLIZZARD Revised Advance Construction 0.00 0.00 0.00 Date: 06/10/2014 Date: 06/11/2014 Date: 06/11/2014 Date: 06/11/2014 Date: 06/17/2014 Date: 06/17/2014 State Remarks: $172,500 FOR JPA SUPPLEMENTAL 42 WITH MONROE COUNTY PLANNING DEPARTMENT FOR THE 2014 LONG RANGE TRANSPORTATION PLAN. PROJECT IS IN THE 2014 STIP. Division Remarks STIP checked for project 6/17/2014 pg 447 S. Blizzard All other terms and conditions of the Project Agreement will remain in full force and effect. This Notice of Approved Modification is not the official FHWA Project Agreement Modification for the project designated above. The official Project Agreement Modification must be printed from FHWA's Fiscal Management Information System (FMIS). The District Federal Aid Coordinator may obtain the Project Agreement at https://fhwaapps.fhwa.dot.gov/. file:HIC/[Isers/nl630(,t/Annl)ata/I,nc21/Micrncnft/Winrinwc/TPmnnrarve/^?OTntprnPt0/')OF; ti/12/)ntd