Item C27Meeting Date:
September
17, 2014
Division:Public Warks/ Engiqeerin
Bulk Item: Yes
x
No —
Department: Project Managernen
Staff Contact Person/Phone #:Trish Smith 304-0412
AGENDA ITEM WORDING:
Approval to execute a Local Agency Program Agreement (LAP) with the Florida Department of
Transportation (FDOT) for the design of a scenic viewing area at the Big Pine Swimming Hole. This
project is funded at 100% by the FDOT through the Transportation Alternatives Program.
ITEM BACKGROUND:
The Big Pine Swimming Hole is located south of US I at the west end of Big Pine Key adjacent to t
Old North Pine Channel Bridge. The BOCC directed county staff to secure the use of the site for
passive recreation facility. A sublease was executed between Monroe County and the FDEP. FDI
awarded Monroe County Transportation Alternatives Program Funding for the project. This LA
Agreement is for design and permitting services ($100,000). A LAP for construction fundj
($900,000) will be brought to the BOCC once FDOT and FDEP approve the final project design.
PREVIOUS RELEVANT BOCC ACTION:
1/14/14 —Approval of a sublease agreement with the FDEP for use of the "Big Pine Swimming Hole."
Approval of the FY 2014 budget authorizing $ 1,000,000 in capital improvements. .
6/19/13 — Approval of a motion directing staff to move forward with a contractual agreement to use th-v
Big Pine Swimming Hole as a passive recreational facility in conjunction with the Overseas Heritage
Trail and the Florida Keys Scenic Highway.
10/20/10 — Status report and BOCC direction regarding a sublease with the State of Florida. The
BOC -U, hin1two- M-1-217-74 v* -kuffl�Wtn4-u
Approval for the staff to pursue a sublease agreement with the State of Florida for
partnership and management of the "Swimming Hole" property on Big Pine Key for development of a
passive recreational park.
12/17/03— Approval of a motion directing staff to pursue the development of a passive recreational
park at the Bip, Pine Swimming Hole in coordination with the State of Florida and to reDort back to the
TOTAL COST: $ 100,00 — INDIRECT COST: BUDGETED: Yes x No —A
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
� 7 - Q4--County Atty x B/Ptircliasilig x Risk Managemen x
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
em, I
CONTRACT SUMMARY
Contract with: FOOT
Contract #
Effective Date: 9/17H2014
Expiration Date: 6/30/2016
Contract Purpose/Description:
Local Agency Program (LAP) Agreement with FDOT for the design and permitting
of the Big Pine Swimming Hole site.
Contract Manager: Trish Smith, AICP
3040412 Project Management, Stop 26
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 9/17/14
Agenda Deadline: 9/2/14
Total Dollar Value of Contract: $ 100,000 Current Year Portion: $ 50,000
Budgeted? Yes Z NoE] Account Codes:
Grant: $ 100,000
ADDITIONAL COSTS
Estimated Ongoing Costs: $—/yr For:
(Not included in dollar value above) (eg. itaintenance, utilities, janitorial, salaries, etc.
CONTR-ACT REVIEW
Date In
Changes
Needed
evie
Date Out
Division Director
YesD Noo
Risk Management
Yes E] No[�r
O.M.B./Purchasing
Yes[—] No[y]
County Attorney
Yes[:] Noo'
r.;ai 7 1 �,�
Comments:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0101
PRODUCTION!
LOCAL AGENCY PROGRAM AGREEMENT 0(
FPN: Fund: FLAIR Approp:
Federal No: 435511 -1 Org Code: FLAIR Obj:,
FPN: • FLAIR Approp:
Federal No: Org Code: FLAIR Obj: -
■ Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj: -
■ Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:,
County No: Contract No: Vendor No: VF596000749114
Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 073876757
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of — 1 2014 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 Commission hereinafter called the Agency.
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, • 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 Department's participation in Lower
Keys Scenic Viewing Area and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms
will be undertaken and completed.
1.01 Attachments: Exhibit(s) 1, A and B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical
f• in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every oblie,?-fion unri,,�r 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 in charge of the Project.
Inactivity • Removal •, Any Unbilled ,•
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency • future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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OCAL AGENCY PROGRAM AGREEMENT OGC 04/14
Page 2
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2016. If the Agency
does not complete the 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
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 funds for completion of the Project.
2.06 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Departmenl
such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems as required.
ffiau• - q •
3.01 Total Cost: The total cost of the Project is $ 100,000. This amount is based upon the schedule of funding in Exhibit
"B." 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 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.
3.03 Limits on Department 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 Department's 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) Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding 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 "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if 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 $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 0J
PRODUCTION!
LOCAL AGENCY PROGRAM AGREEMENT 0(
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
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 litigation, 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 eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0101
PRODUCTION!
LOCAL AGENCY PROGRAM AGREEMENT 0(
`rr =011 I N1173 4 51 F-S-71.7 ueslcu TyUr FeF-,A W1eFHUj-1TAdT- III i - ilti rA71.17—
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
cow,e audit of the recitient .1provriate the rechtient ag-rees to comyIN with anN additional instructions Vroyoded b�, 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 Department's Office of Inspector General (OIG),
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:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-1 33, as
revised. Exhibit "V 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-1 33, as revised, will meet the requirements of this part.
connection with the audit requirements addressed in Part 1, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-1 33, as revised.
1916MM
11 WN-11111 loll 1W
from other than federal entities).
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 11 - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
.1.0-6 Noel 11-1-0. 1 1 - 1 0 a 0 Is - 1 0 _11111111111 to 11' 1-1. W W
IIbL;d1 J-Udl, Ule reuplum WIWI W11blUldl d1l 5U11rUtjb U1 ZiLdLtl 111WILAdl dZ5bIbLd1IIDU, I11L;1'1U111!S Z5LdtU 1111i
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.
In connection with the audit requirements addressed in Part 11, 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0101
PRODUCTION �
LOCAL AGENCY PROGRAM AGREEMENT 0�
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).
J. 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 III - 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 Project 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:
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-1 33, 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:
Florida Department of Transportation
fffice of Comptroller, MS 24
W5 Suwannee Street
Tallahassee, Florida 32399-0405
Fftg 01'
�Vas I I I I ZEN I #7&*M TeNTWWliffe: 11f W 1, F.Tars I [?A] U0 Z 4 9 W
IPWI - .
Bureau of the Census
1201 East 1 oth Street
c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-1 33, as revised.
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 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directl to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAuditCcDdot.state.fl.us
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
N SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIOOGC— 04/14
Page 6
In addition, pursuant to Section .320 (f), 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-1 33, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directl to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
.F.i
- - . 1 0 . # 0 ^
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-14
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 directl to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: F DOTS i nq leAud it(d)dot. state.fl. us
5. Any 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-1 33, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered 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 years 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 shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0101
PRODUCTION!
LOCAL AGENCY PROGRAM AGREEMENT 0(
5.05 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.
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
�w_rovisions of Chayter 119 Florida Statutes and made or received in con�unction with this A,_greement,,'�Section 287.05W�_J:�_
(c), Florida Statutes) unless the records are exempt.
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(l)(a), 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 327ravel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(l)(b),
Florida Statutes).
If after Pr•Ject cl let' " In a I 'm made b the De•artment resultin♦from an audit or for work or services•erformed
n
0 P.
r.TM
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
- i PRODUCTION SUPPORT
.6.00AL AGENCY PROGRAM AGREEMENT OGC- 04/14
Page 8
I'M VAND
MEMO arly COMM ior Tsu!gate Moll III e
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 cause for nonpayment by the Department.
-TM—T1;zq ln�'Rat,16,
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
287.055, 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 shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0101
PRODUCTION S1
LOCAL AGENCY PROGRAM AGREEMENT OR
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 breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in nt way impair *Pr;Frejy4ice 2.-.iy rigM tr remi 2v?il,?#.ile tt tXe lFeX2rtAii w& resA:ect tit, sucX Wri
or default.
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
hereunder.
13.06 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
proceed as soon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way actives on the Project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, including if no right-of-way is required.
13.09 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.
13.10 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 inclui
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTIOI 525-0101
LOCAL AGENCY PROGRAM AGREEMENT
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
��ach of which so executed shall be deemed to be an original and such counterparts together shall constitute one and th(z
same instrument.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-OIOJ
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LOCAL AGENCY PROGRAM AGREEMENT 0(
NINTA41:11WA
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 Agency 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.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Monroe Co. Board of County Commission STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Attest:
1111rMkh - 0
OM
By:
Name:
Title:
Attest:
Title:
MONROE COUNTY ATTORNEY
'PROVED AS ")'FORM
N AT 11 N'L-'
ASSISTANT COUNTY ATTORNeY
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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LOCAL AGENCY PROGRAM AGREEMENT 06/06
Page
EXHIBIT "'I"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 100,000
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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LOCAL AGENCY PROGRAM AGREEMENT 08/06
Page
FPN: 435511 -1
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51,esign a scenic pull off including parking, landscaping, a boardwalk, and other overlook amenities adjacent to US 1 near
North Pine Channel.
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the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Design to be completed by June 30, 2016
b) Right -of -Way requirements identified and provided to the Department by June 30, 2016
c) Right -of -Way to be certified by June 30, 2016
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
;;,PECIAL CONSIDERATIONS BY DEPARTMENT-
n/a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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LOCAL AGENCY PROGRAM AGREEMENT 09111
Page
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AGENCY NAME & BILLING ADDRESS FPN:
Monroe County BOCC 435511-1
:112 1 RIN
Name: Lower Keys Scenic Viewing Area Length:
11114,61IFT1110109ml -10 0 mi , A- - 0
TYPE OF WORK By Fiscal Year
FUNDING
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total PD&E Cost
Design FY: 14/15
FY:
FY:
Total Design Cost
100,000
100,000
Right -of -Way FY:
FY:
FY:
Total Right -of -Way Cost
Construction FY: 17/18
FY:
FY:
FY:
Total Construction Cost
Construction Engineering and Inspection (CEI)
FY: 17/18
FY:
FY:
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
100.000