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Home My WebLink AboutItem I6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17.2010 Division: Growth Management Bulk Item: Y es ~ No Department: Planning and Environmental Resources Staff Contact PersonlPhone #: Jane Tallman. ph. 509-0998 AGENDA ITEM WORDING: Approval to execute Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) to provide funding for All-American Road Signage. ITEM BACKGROUND: The Florida Keys Scenic Highway corridor was recently designated as an All-American Road. The FDOT is offering funding to Monroe County to develop a standardized "wayfinding" signage system that will provide consistency and remove existing sign clutter along the corridor. This project will be designed in concert with the scenic highway program and the Florida Keys Overseas Heritage Trail to promote economic benefits for Monroe County businesses and citizenry. Maintenance of the signs in the FDOT Right-of-Way will be the responsibility of the County for the useful life of the signs (approximately ten years). Grant funding for sign replacement will be pursued during this time. Interlocal agreements will be developed with municipalities participating in the project to maintain the signs in their jurisdiction throughout their useful life. The project is included in the FDOT Five Year Work Program (which was presented to the BOCC on December 16, 2009), is to be funded 100% by FDOT, and must be performed under the FDOT LAP program. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: $1.100.000 INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: $0 SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 All-American Road Wayfinding Signage LAP Agreement Explanation AIl-American Road Signage Project The Florida Keys Scenic Highway corridor was recently designated as an All-American Road. FDOT is offering funding to Monroe County to develop a standardized wayfinding signage system that will provide consistency and remove existing sign clutter along the corridor. This project will be designed in concert with the scenic highway program and the Florida Keys Overseas Heritage Trail to promote economic benefits for Monroe County businesses and citizenry. Wayfinding A good wayfinding system "helps users experience an environment in a positive way and facilitates getting from point A to point B. When executed successfully, the system can reassure users and create a welcoming environment, as well as answer questions before users even ask them." In our case, the wayfinding signage system will direct travelers on US1 and the Overseas Heritage Trail to points of interest, such as the Blue Hole and Safe Harbor Marina, and to businesses along the scenic highway corridor. Having a consistent and professionally developed wayfinding system will greatly improve visitors' and residents' ability to safely and readily find their way through the Keys. LAP (Local Agency Program) FDOT is empowered by legislative authority to contract with Local Agencies to plan, develop, design, acquire right of way, and construct transportation facilities. FDOT reimburses these Local Agencies for services provided to the public. The formal name given to this program is the Local Agency Program (LAP). A LAP Agreement is developed and executed for each LAP project. The purpose of the LAP Agreement is to ensure that the correct amount of Federal funds is spent according to all relevant State and Federal laws and regulations. The "All-American Road Signage" project is included in the FDOT Five Year Work Program (which was presented to the BOCC on December 16,2009), is to be funded 100% by FDOT, and must be performed under the FDOT LAP program. Having the County serve as the LAP agency managing this project ensures that the wayfinding signage system will encompass US1, the Overseas Heritage Trail, and the Scenic Highway corridor (which extends five miles in each direction from US1). !fFDEP were to be the LAP agency for the project it would be focused on wayfinding for Overseas Heritage Trail users. 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Dh. 509-0998 AGENDA ITEM WORDING: Approval to execute Local Agency Program (LAP) Agreement with Florida Department of Transportation (FOOT) to provide funding to Monroe County for All-American Road Signage, ITEM BACKGROUND: The Florida Keys Scenic Highway corridor was recently designated as an All-American Road. The FOOT is offering funding to Monroe County to develop a standardized "wayfinding" signage system that will provide consistency and remove existing sign clutter along the corridor, This project will be designed in concert with the scenic highway program and the Florida Keys Overseas Heritage Trail to promote economic benefits for Monroe County businesses and citizenry, The Agreement consists of the Design Phase (through March 2011) which will be managed by the Planning Department and the Construction Phase (through June 2013) which will be managed by Engineering Services, Maintenance of the signs in the FOOT Right-of-Way will be the responsibility of the County for the useful life of the signs (approximately ten years). Grant funding for sign replacement will be pursued during this time. Interlocal agreements will be developed with municipalities participating in the project to maintain the signs in their jurisdiction throughout their useful life. The project is included in the FOOT Five Year Work Program (which was presented to the BOCC on December 16, 2009), is to be funded 100% by FOOT, and must be performed under the FDOT LAP program. PREVIOUS RELEVANT BOCC ACTION: Approval of Ordinance 31-2009 on August 19,2009, amending Chapter 142, Signs, of the Monroe County Code. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: $1.100.000 INDIRECT COST: unknown - based on number of signs after 2013. Signs should have a useful life of 10 years BUDGETED: Yes _No-L COST TO COUNTY: $0 SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: counlyAtty~ ~urchasing_ RiskManagement_ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 1/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FDOT Contract #_ Effective Date: Expiration Date: rovide $1,100,000 *Cost overruns must be aid with local funds, Contract Manager: Jane Tallman (Name) 2521 (Ext. ) Plannin # II (Department/Stop #) for BOCC meeting on February 17, 2010 Agenda Deadline: February 2,2010 CONTRACT COSTS Total Dollar Value of Contract: $ 1,100,000 Budgeted? YesO No 0 Account Codes: Grant: $ I, I 00,000 County Match: $ Current Year Portion: $ I, I 00,000 - - - - ------ - - - - ----- - - - - ----- .--- - - --- - -- ADDITIONAL COSTS Estimated Ongoing Costs: $unknown - For: Maintenance of signs in FDOT Right based on number of signs after 2013. Signs of Way. should have a useful life of 10 vearslyr (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director ~o Risk Manag~ent ~ ..$-'/tJ ... I ~..~ '/A.I O.~/Purchas1:hg ~/() County Attorney /2.7.;'1 Changes Needed YesONoO YesONo~ YesO Nod YesO NolSJ Comments: STATIO OF FLORIDA DEpAIUMENT Of' TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 52!Hl10-40 PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: Fund: Federal No: 428298-1 Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No: Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: THIS AGREEMENT, made and entered into this _ day of , 2010 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 Countv CommisSioners hereinafter called the Agency. WIT N E SSE T H: 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, 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 Department's participation in AII- American Road Sianaae and as further described in Exhibit "Aft attached hereto and by this reference made a part hereof, hereinafter called the Kproject,~ and to provide Department financial assistance to the Agency and state the terms and conditions upon 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: Exhibit(s) 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 dispatch, 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 Aaency Proaram 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 obligation 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 in charge of each project. Removal of Any Unbllled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 52s.<llll-4O PROJECT MANAGEMENT OFFICE 03107 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 Local 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 3D. 2013. 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 atter 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 funds 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 Project 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 "8." 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 "8." 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: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 52s.<l10-40 PROJECT MANAGEMENT OFFICE 03107 Page 3 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." 3.06 Notice-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 Limits 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 are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA 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 Department's 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 Department's 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 indude 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 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 DEPARTMENT OF TRANSPORlATlON LOCAL AGENCY PROGRAM AGREEMENT S25-<J1D-40 PROJECT MANAGEMENT OFFICE 03/07 Page 4 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 FDOT's Office of Inspector General (DIG), 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 $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-133, as revised. Exhibit "1 n 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. 2. 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 $500,000 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, applicable 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 state 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT S25-010-4() PROJECT MANAGEMENT OFFICE 03107 Page 5 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 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: 1. Copies of financial reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMS 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): Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 b) The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Oth Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS 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 OMS Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMS 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 directlv to each of the following: Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111 th Avenue Miami, FL 33172 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-133, as revised, and any Management STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-01 G-40 PROJECT MANAGEMENT OFFICE 03107 Page 6 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 directlv 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 111 th 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. 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-133, 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 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 Department. 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 1)JI(J7 Page 7 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(1)(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 3-~Travel" of the Department's Disbursement Ooerations Manual, 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 if, 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 the Agency in amounts and at times 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 if: 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. 7,05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 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 Disallowed Costs: 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 "B" 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. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 8 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 satisfactorily performed. Payment is to be on the basis of substantiated costs. 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 cost of which 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 closing 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 cause 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 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'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 DBE's, 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 performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-01G-4D PROJECT MANAGEMENT OFFICE 03107 Page 9 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 payor 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- Civil 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. 12.03 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 10 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 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 no way impair or prejudice any right or remedy available to the Department with respect to such breach 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 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 State Highway System, 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. 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 11 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 subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13,14 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 181 will D 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 working 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 until 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- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 12 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 COMMISSIONERS By: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: Title: By: Name: Title: Attest: Title: Attest: Title: As to form: As to form: ~1~ Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. MONRoe COUNTY ATTORNEY APP 0 ED AS TO FORM: AN M. GRIMS ASSISTANT COUNTY ATTORNEY Date ,/ OJ. J'"" I CJ STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08106 Page EXHIBIT "An 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 Countv Board of Countv Commissioners Dated PROJECT LOCATION: The project _ is ~ is not on the National Highway System. The project-----Xls _ is not on the State Highway System. PROJECT DESCRIPTION: The Florida Keys Scenic Highway corridor was recently designated as an All-American Road. Monroe County is developing a standardized "wayfinding" signage system that will provide consistency and remove existing sign clutter along the corridor. This project will be designed in concert with the scenic highway program and the Florida Keys Overseas Heritage Trail to promote economic benefits for Monroe County businesses and citizenry. SPECIAL CONSIDERATIONS BY AGENCY: None SPECIAL CONSIDERATIONS BY DEPARTMENT: None STATE OF FLORlOA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08106 Page EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS Monroe County Board of County Commissioners FPN: 428298-1 PROJECT DESCRIPTION Name: A11.American Road Slanaoe T ennini: US 1 Corridor - MM 0 - MM 110 FUNDING (1) (2) (3) TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 2009-2010 80.000 0 80.000 Total Design Cost Right-of-Way 2006-2007 2007-2008 2008-2009 Total Riaht-of-Wav Cost Construction 2008-2009 2009-2010 2010-2011 970.000 0 970.000 Total Construction Cost Construction Engineering and Inspection (eEl) 2008-2009 2009-2010 50.000 0 50.000 2010-2011 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT 1,100,000 0 1,100,000 The Department's fiscal year begins on July 1. 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U, io ~ ~ oC? .1 ~T--':' _._~-~ P it '" '" io .. t; i ... ~ ~ io i: --------- ::::l ~ e f"ztJI"I.9) 'U!t't.l 1-----1 ........... ........... ........... ----.. .0-,' .......1 ,,;-.1 ,,;-./ ..,....1 1.~1} ~ ! ~ :Ii I" <3 i n j j I~ t 1 "'1....& i & .!; , -~ ,!, ! ;l! I ~\ I J ~ 1 - g \ - & .; !!! I ~ s 0 ~l ,~ ,;. ~ .; ! I ~ ! 1 h ~ ! 1 ~ ~ f .." Ie; :Ii .... l~ If .i * ... :!. ! 1 & ';> .. n ~ ~ r 1 .. f!;~ ~ - f .~ :. ~ ~ ~ .~ I~ '" <t 1 i i~ I $: ! ! 'Ii i .. ....0 J j~ i , io .. " ! .... b ~ ~ j jg i :!,'" i .! ~ ~.~ I f ~ - .!l~ '" j); ~ 'll i , d '" ~ .~ "- j ~ ~ ao'" ~ '-:i:~ '" ..; .. vj Sign wars at odds with scenic highway goals Page 1 of2 Published on KeysNews.com (http://keysnews.com) Sign wars at odds with scenic highway goals Sunday, February 8, 2009 Wayfinding is a planning process that describes how individuals orient themselves in physical space and navigate from place to place by using environmental and spatial cues. It includes, but is not limited to, the use of signs. It is about where we are and how we're going to get where we're going. Like wayfinding I we believe the ongoing debate of the intrusion of commercial business signs along U.S. 1 is about more than signs. This debate involves over 150 businesses along U.S, 1 who were recently cited for having unpermitted or improperly located signs. The Monroe County Commission agreed at its last meeting that a new sign ordinance is necessary, and postponed enforcing these citations. A new sign-ordinance process can take at least six months. It must be drafted by staff and reviewed by the Design and Review Committee and Planning Board prior to its submission to the County Commission. In the interim, code officers will continue to issue citations for unpermitted or improperly located signs, and hold their enforcement proceedings until a new ordinance is adopted. This issue places the county staff and commission in the middle of a bigger wayfinding decision-making process: getting from Point A to Point B. At Point A, there are the businesses engaging in a free-for-all sign war, competing with each other for visibility while violating the county code. These businesses maintain that their very economic existence depends on placing advertising signs along the highway. Their war has resulted in highway encroachment by illegal signs, These signs can jeopardize public safety by blocking drivers' views and are potential hazardous debris -- not to mention issues of aesthetics, size and fairness to businesses that abide by the existing code. Also at Point A is the county's desire to differentiate itself from other tourist destinations. The Florida Keys Overseas Highway plays an integral role in this differentiation by attracting tourists for the scenic experience, Because it travels through some of the nation's most spectacular scenery, in 2001, the h e e c Sign wars at odds with scenic highway goals Page 2 of2 Florida Department of Transportation designated U.S. 1 a State Scenic Highway. This made it eligible for grants under the National Scenic Byways Program. In 2008, this program awarded the county a $1.4 million grant for the U.S, 1 Key Deer Habitat Preservation project. Also in 2008, the County Commission unanimously supported the efforts of the Florida Keys Scenic Corridor Alliance, a nonprofit organization with Keyswide membership, to have U.S. 1 designated as a prestigious All-American Road. To receive this designation, U.S. 1 must be scenic enough to be a tourist destination unto itself. This designation would bring national recognition while garnering federal government marketing efforts and making the road eligible for grants for a myriad of enhancements, from walking and biking trails to scenic overlooks, We believe that graphically funky sandwich-board signs, banners and the like that clutter the roadside are not compatible with the spectacular drive through the Keys. They don't augment the natural beauty featuring mangroves draped in nesting egrets, soaring eagles and ospreys, pelicans gliding in formation, diving cormorants, and kingfishers perched at the ready over breathtaking sparkling turquoise and azure waters. In fact, in their quest for a scenic drive designation, the county and its incorporated cities have successfully halted the construction of towers, billboards and FOOTs "dynamic messagen signs along U.S. 1. So on to Point B, the county's hopeful destination, that includes a sign ordinance that allows advertising signs while enhancing prospects of an All-American Road designation. We do not believe these goals are mutually exclusive. Seeking input from residents, businesses, FOOT and supporters of the All-American Road designation will be key in aiding the county in crafting a new, easily understood and enforceable sign ordinance. We further believe it's in roadside businesses' economic long-term interest to cooperate with scenic road efforts. After all, more tourists traveling to U.S. 1 because it is a scenic destination will increase the roadside businesses' potential customers. Wayfinding from Point A to Point B may not be an easy road for the county to travel. However, a goal of becoming an All-American Road that spurs economic activity is a win- win for all. -- The Citizen Home I About us I Subscribe I Advertise I Visitor Information I Contact Us I Employment Opportunities I Site Plan Source URL= http://keysnews.com/node/1 0009 h e c c ~ ORDINANCE NO. 031 - 2009 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 142 SIGNS OF THE MONROE COUNTY CODE; SPECIFICALLY BY AMENDING SECTION 142-3 REGARDING VEHICLE AND A-FRAME SIGNS; BY AMENDING SECTION 142-4 REGARDING OFF-PREMISES SIGNS; BY AMENDING SECTION 142-5 REGARDING ELECTRONIC SIGNS; AND BY CREA TING SECTION 142-8 REGARDING SPECIAL IDENTIFICATION SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMmAL TO THE SECRETARY OF STATE AND DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: I, At the January 28, 2009 Board of County Commissioners (BOCC) meeting, the BOCC directed the Department of Planning and Enviromnental Resources to review Chapter 142 Signs of the Monroe County Code. 2. The Department of Planning and Environmental Resources conducted three (3) public workshops to receive public input regarding sign regulation revisions. 3, Federal and State law grants power to Monroe County to regulate signs in order to promote the safety and general welfare of its citizens. 4. Monroe County has adopted land use policies and objectives in a comprehensive plan to guide policy on building and land use regulations, and to promote health. safety, and general welfare. 5. The provisions of this ordinance are consistent with the Monroe County Comprehensive Plan and the Principals for Guiding Development in the Florida Keys Area of Critical State Concern. 6. The Monroe County Planning Commission held a duly advertised public hearing on June 24, 2009 and July 8, 2009, which was continued to July 22, 2009 and recommended approval to the Board of County Commissioners. Boce Sign Ordinance July 29, 1009 Page I of 5 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 142-3 is amended as follows: . . ... ... . (b) Prohibited signs. The following types of signs, lights, advertising devices or activities are prohibited: (1) Off-premises signs; excluding signs identifying lawfulIy-established off- premises businesses, as pennitted in section 142-4; . ... ... ... ... (7) No person shall park any vehic1~ trailer, floating device, barge, raft, or boat, whether licensed or unlicensed, on any public property, including public rights-of-way, and beaches, or on private property so as to be clearly visible from any public right-of-way. which has attached thereto or located thereon any sign, or promotional element, for the primary purpose of advertising products or services, conveying messages or directing people to a business or activity. This restriction is not intended to prohibit incidental signage on a functional, licensed vehicle which is displayed in a manner to primarily identify the vehicle with the business it serves. Such vehicles shall only park in a lawful parking space. Vehicle signs may not be an attachment that extends or protrudes from the vehicle. However, commercial vehicles that provide delivery services, including taxies, shall be allowed a temporary attached roof sign that identifies the business. Such sign shall only be allowed on the vehicle while doing business and shall be no larger than 24" long, 12" tall and 10" wide, including the base. (8) Portable signs, except for A-frame signs as permitted in Section 142-4 and political campaign signs as permitted in Section 142-3(d); ... ... . ... ... Section 2. Section 142-4 is amended as follows: ... . . . ... (3) Signs in commercial areas. Sign allowances in commercial areas (AD. CF A. CFS, DR. 1. MF, MI. MU. RV, SC. UC) shall be calculated based on the amount of property frontage and business frontage as follows: . . . ... . Boce Sign Ordinance July 29. 2009 Page 2 of5 d. A-frame signs (I. e. Sandwich board signs), Through June 7. 20 I 0, every nonresidential developed parcel of land boarding on V,S, I shall be allowed A-frame signs. as indicated in the following table: Street F,ontage Maximum Number o(SIIDS. (Linea, feet) l' to 75' 1 76' to 1 SO' 1 151' to 215' 3 126' to 300' 4 Over 300' 5 · No business shaH be allowed more than one sign, A-frame signs may only be permitted provided the following standards are met: 1. The sign is no greater than three (3) feet in width and no greater than four (4) feet in height, exclusive oflegs that can be no more than six (6) inches in height; 2, The sign is of A-frame-type construction, with only two (2) sign faces that are joined at the top; 3. Each sign face is no more than twelve (12) square feet in area; 4. The sign is portable and not permanently affIxed to the ground; 5. The sign is located on a private parcel ofIand and identifies a business on that same private parcel ofland; 6. The sign shall not be located on a public right-of-way, or walkway, 7. The sign shall only identify a lawfully-established business name(s) and/or other information directly related to that business; 8. The sign shall not be located in a clear sight triangle; 9, The sign shall not be illuminated or electric and shall not have any electric devices attached thereto; 10, The sign shaH only be displayed during the business hours of the business it identifies and shall be stored indoors during non-business hours. 11. The sign shall be stored indoors during tropical stonnlhurricane watches and warnings and other severe weather advisories; and 12, The building permit number shall be permanently affixed to the sign or sign structure in such a manner as to be plainly visible from grade. Section 3. Section 142-4 is amended as follows: (4) Off-premi.'ies signs, Any nonresidential, lawfully-established business located on U.S. 1 shall be allowed to dedicate any portion of its allowance for one (1) ground-mounted sign to another nonresidential. lawfully-established business not located on U,S, I that is accessed from a primary side street off U.S. I or a secondary side street located off a primary side street. The side street intersecting U.S. 1 shaH be located within one-half (112) mile of the property on BOCC Sign Ordinance July 29. 2009 Page 3 of 5 V,S, I providing the ofT premises signage, Such off-premises signage shall be limited to one sign face per direction on U,S. I. Off-premises advertising is also subject to subsections (3)a. and (3)b. of this section and to regulations pursuant to F,S. ch. 479, Section 4. Sec. 142-5. RflUlation pertaining to the measurement, construction, and maintenance of all signs. . . . . . (4) d.3, Electronic message centers or automatic changing signs (ACS) shall comply with the following: (i) (ii) Lamps/bulbs in excess of nine watts are prohibited in the ACS matrix; ACS lampslbulbs shall be covered by lenses, filters, or sunscreens; ASC signs shall be equipped with an operational right dimming device; and Other than the scrolling of ""Titten messages or non~animated grapWcs, all operating modes that result in animation as defined in section 142-3(b) are prohibited, (Hi) (iv) Section 5. Sec. 142-8. Speeialldentification Sins (1) Community Business Directory Signs The County may work with FDOT District 6 and local communities to develop a sign program that promotes businesses ",ithin specific communities in the Florida Keys through the use of centrally located multiple user business identification signs on U.S, 1. (2) Community Identification Signs The County may work with FOOT District 6 to develop a sign program that identifies specific communities in the Florida Keys. The County shall coordinate with local communities to incorporate a theme which promotes the unique character of the local community, (3) Off~Premises Special Feature Identification Signs The County may work with FOOT District 6 to develop a sign program that identifies special features. tourist sites and business districts. The County shall coordinate with local communities to select appropriate landmarks to be identified. Section 6. Severability If any section. subsection. sentence. clause. item, change or provision of this ordinance is held invalid. the remainder of this ordinance shall not be affected by such invalidity. BOCC Sign Ordinance July 29, 2009 Page 4 ofS PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of August A.D" 2009. c \D 0:: 8 fi! W 2: 0:: a.. 0::: M o I I./,.. f:j ~ en -.-J ~ - - I./,.. ~ ~ Section 7. ConfUcting Provisions All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. Transmittal This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to detennine the consistency of this ordinance with the Florida Statues and as required by F.S. 389.05(6) and (II). Section 9. Codification The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to confonn to the conform making system of the Code, Section 10. Filing This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 11. Effective Date This ordinance shall become effective as provided by law and stated above, ~.J -.l CJ ii- <S:~ ...~. .,... . . -.....-'- ;-)-.,;~~ ;;..I', " ::s:::uo::. ;"',,; <-: :-2~ ...-Fa' . :-t": I...... Zu.:r~ h~ C'3 C :l: Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE CO~ORIDA BY ~~.. n~,e.d--- Mayor George Neugent (SEAL) A TIEST: DANNY L. KOLHAGE. CLERK fvl!JNRt,!';: ',,;, I i 08NE'( APHlf)' '::, ,;;,; F" '=ORM ~.J:1 (l-l,,-:~)-~L..., su~~~ " ,:'i:'-lIMSLEY ASSI!H.', '., 'lhH.,.- .Jl.TTOANEY Sale _Ct t. ~/ '''..f'-1.0....J.~ G-<~~ DEPUTY CLERK BOCC Sign Ordinance July 29, 2009 Page 5 of 5