Item C36L
AGENDA ITEM SUMMARY
Meeting Date: May 21. 2014 Division: Public Works/Eiijineering
Bulk Item: Yes X No Department: —Engineering Services Departmen
Staff Contact Person/Phone #: Judv Clarke X4329
AGENDA ITEM WORDING: Ratification of the Local Agency Program (LAP) Agreement with
Florida Department of Transportation (FDOT) to fund construction and construction engineering and
inspection (CEI) services for the No Name Key Bridge Repair Project. The agreement was revised by
FDOT after BOCC approval on October 16, 2013.
ITEM BACKGROUND: The LAP agreement that the BOCC approved in October, 2013 provid
grant funds that were programmed in FY2014 and FY 2015 of the FDOT Work Program.
November, 2013, when the second emergency repair project on the bridge was needed, staff request
e that FDOT move all grant funds to FY 2014 in the Work Program so that the overall repair proj I
could proceed sooner. This change resulted in revisions to the LAP Agreement, which are outlin
below in the Contract/Agreement Changes section.
PREVIOUS RELEVANT BOCC ACTION: July 20, 2011 — approval by resolution of a Joint
Participation Agreement (JPA) between FDOT and the county for funding to design and construct
improvements to No name Key Bridge. March 21, 2012 — Approval of amendment #1 to JPA to
remove Funding for construction and CEI phases which will be replaced with federal funds under a
LAP agreement at a later date. April 18, 2012 — Approval of amendment #2 to JPA to reduce funding
for the design and permitting services. October 16, 2013- Approval of a Local Agency Program (LAP)
agreement with FDOT to provide funding for the construction and CEI phases for the No Name Key
Bridge.
CONTRACT/AGREEMENT CHANGES: Program all funds in FDOT FY 2014 in Exhibit B of
LAP agreement; reduce local match requirement by $272,151 to $774,349; decrease total grant
agreement amount by $552.
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
eit'- 6T-,
APPROVED BY: County Ate'OMB/Purchasing is Management ky-
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
CONTRACT SUMMARY
Contract with: FDOT Contract #
ARDOO
Effective Date:
4/9/2014
Expiration Date:
6/30/2015
Contract Purpose/Description:
Local Agency Agreement with Florida Department of Transportation
to provide
$5,561,599 of grant funding for construction and construction engineering and inspection (CEI)
Services for repairs to No Name Key Bridge #904320
Contract Manager: Judy Clarke 4329
Engineering/#1
(Name) (Ext.)
(Department/Stop #)
for BOCC meeting on 5/21/2014 Agenda Deadline: 5/6/2014
Total Dollar Value of Contract: $ 6,335,948 Current Year Portion: $ 1,900,785
Budgeted? Yes E No ❑ Account Codes: 12.,5 � 536,3
y
Grant: $ 5,561,599
County Match: $ 774,349
ADDITIONAL COSTS
Estimated Ongoing Costs: $ vr For:
(Not included in dollar value above)
Dpwiti
Division Director
Risk Management
bc-
O.M,B,/Pureliasin,- Wzh)-j
County Attorney L411q11 -1 1
5�
maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed l Reviewer
Yeso[]
Yeso NoE] 1 L,
Yes o NoK]
Yes[-] NoR] �Ltl A 0 =,,j,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC— 10/12
Page 1
FPN: 430t21 --1 & 430121-2
Fund:
FLAIR Approp:
Federal No: -Q2JV- IZL-&
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Fedoral. No:
Org Code:
FLAIR Obj-.
County No:
Contract No:
MLQ4r Vendor No: 59600074Mq
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 --I- day of API-I'l 2&bY and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agewncy of the State of Florida, hereinafter called
the Department, and MONROE COUNTY hereinafter called the Agency.
WWMEA& 6���ia��Opwyitow "Ork-
1 11 Owl AQ
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants -promises and re.oresentations herein the
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the
,NO. NAME KEY BRIDGE REPAIR PROJECT and as further described in Exhibit "A" attached hereto and by this
reference made a is hereof, hereinafter called the "projectand 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 &-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 Agengy Program Mgnual, 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.
Inactivity and Removal of Any Unbilled Funds
Once the De artment issues a Notice to Proceed 'NT I f h P h A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62S-010AG
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
• ,,:
Page 2
l of All Funds
If all funs are removed from the project, including amounts previously hIllnd 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 ono -system projects,
2.02 Ex it ion of Agreement: The Agency agrees to complete the project on or before J n 3 , 201 , 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,
a # • • ■ ♦ 4 #.. i aY i #■ «■ u _ gloom Y : # HE
♦ #t - i i « is Y... i ir., r r.' ,, r i a r �.. # + ■ - - 4 ■.
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 complebon of the
projecL
2,05 Submission of Proceedings, Contracts,, and Other DoCUMIGhts, 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. The Agency shall L)se the Department's Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
+ a/
Total3.01
•:',.totalcostof the project Srk•L. ■,Mamount based upon of funding
in
Exhibit "B." The Agency agrees to beer all expenses in excess of the total cost of the project and any deficits Involved.
The schedule ofundingmay :. modified bymutoalagrearnentas provided for paragraph Y 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 offederal-aid participation,
3.03 Limits on Departmentf Project ■ eligible • Department participation will is allowed only fromr.
te
T-f this Agreement. It Is understood that Department participation In eligible project costs is subject to,
a) Legislative approval of the Departments appropriation request In the work program year that the project is
scheduled to be committed;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
'r and
a �_i'. - _#■;.._Y -•!: i#i ■##is - .ri Y# # a #:i JJ - - .i;
r Y•.. r • . . . i' . _,. : i . # ;- ■ i,,. a i r ` : # i r . # is •,:. ■ Im
.■
#- #
- ■ i• ar ♦ i
STATE OF FLORIDA DEPARTMENT OFT NSPORTAT0N 52,1- 01 ��,4-0
N S
LOCAL AGENCY PROGRAM AGREEMENT FRODUC710OGIiFrORTG 10111?,
pya 3
"(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 I year."
AW111*0=6 0,
projec n r
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.
STATE OF FLORIDA DH'ARTMEN-1 OFTRAl ION "'J. 2 5 010 40
PRODIJI"'I ON SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT
U.
O C- I�V,
11wie"!
i i li�l I ��! I I I I � I �!!�
11171111 1171151,11111t, I', I 11111111F 111111111 1
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 Department's Office of Inspector General (OIG),
and the Chief Financial Officer (CFO) or Auditor General.
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
fefined 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" 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.
2, In 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.
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-1 33, as revised, is not required, However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-1 33, 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).
Federal awards
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:
11bUdl 3Udl, LIM t0upurn OEM 17011slutux du �s
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC 1114
Page 5
I 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
fispute 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
2rrange 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
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0406
k MdWICA
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), OMB Circular
A-1 33, as revised,
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section 320 (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
1 ,f,05 Suwannee Street
Tallahassee, Florida 32399-0405
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
OCAL AGENCY PROGRAM AGREEMENT OGG - 1h4
Page 6
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAuditQdot.state,fl.us
3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es),
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudlto_dot.state.fl.us
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 directl to:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
606 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAuditp_dot.state.fl.us
& 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
inuependent aurinFF-Curnetifailon is n1aue MOM- to Me ne Plate EON
upon request for a period of at least 6 years from the ♦. the audit report is issued, unless extended in writing by the
Department.
525-010-40
STATE OF FLORIDA DEPARTMENT OFT NSPORTATION PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC— 10/12
Page 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 2'b 01040
LOCAL AGENCY PROGRAM AGREEMENT r+,,a[XJc rlcm sym,or
All -fY 1-01.,
-6 cM111tirlt ItpUll Elie TdIlUre Ul 1HU ASUHUJ To 111(11511 tile bullut.11.1U, Pidil, d[IU ebLlfliate 131irlirl a reaso
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which th,-,
Department may otherwise have arising out of this Agreement.
VJ
H at'll" rn 7TerTeqJrMg DIR ulwarserilem oi if lull Dif ig-CUTITO
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPOT
LOCAL AGENCY PROGRAM AGREEMENT OGC— 101R12
Page 9
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,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, tile
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
DBE ro
approved program, me WeLp-a-urnem-mlay-CM-W
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U,S.C. 3801 et seq.)."
k�Kaall C#i-tftct-3�g.-r6d-VAh
include the following assurance:
"The contractor, subrecipient or subcontractor snail not ascriminate asis 01 Iduo, 119717TITIMM,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
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,
11r
conspicuous places avaliaole Lu emplujuM @no applicanirs-RN-P790717jiflem
Department setting forth the provisions of the nondiscrimination clause.
STATE OF FLORIDA OFPARTMENT OF TRANSPORTATION 52E 010 -0
SIJP
LOCAL AGENCY PROGRAM AGREEMENT PRODUCT, 0N 0GC—PORT
10112
Page 10
regluavoris M_=1rW7#7"rE111eP1 OT i ranspultailon Mblou Enerualluel, d11U LIRU dbb Ila
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,
-L *km*dtwa -0 t i 2! WW� "RiMWArM_1r-JF IAO WeArWX 144* fill", ?_ "40-Awo MAU WA *-Jug-4 * - Jlt�fjl
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 Quacation 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
t
contract, subcontract or arrangement,
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned ta
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.
STATE OF FLORIDA DEPARTMENT OFT NSPORTANON 525-010.40
N sup
LOCAL AGENCY PROGRAM AGREEMENT PROnuc rioOGC- poRT 10/12
Page 11
�ffk Him
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one an"S
s:ue instrument.
13.12 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 atterripting 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 federal ly-appropriated funds have been paid by the Agency to any person for influencing 19
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee I
STATE 09 FLORIDA -DEPARTMENT Oi TRANSPORTATION
PRODUC NON SUPPORI
LOCAL AGENCY PROGRAM AGREEMENT OGG- IW12
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
subreciplents 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.
13.13 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 F// will 0 will not
maintain the improvements made for their useful life.
13.14 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 30 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
V,-I*ic;*&vuoliw-WAVTtlftiwc4VX^1501r";Nmk*;W.4-"v-Wi7&-w*iWr4Ai;!Rtran-one 0 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
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
UKKU 40:1.14 1
UMM=
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 4y the subcontractor 1uring the contract term.
IN WITNESS WFJEREOF
AGENCY Md-nron County
B
X-e—
y:►
Xarne: Geo* N,
Title: M
Attest:—=W
STATE OF FLOR[DA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
the parties have caused these presents to be executed the da and year first above written.
Flo STATE OF FL I EP T OF TRANSPORTATL.
ION
�-c
7N%
uger� List' 'Vh� Narne:/ HAMWANORM �@$.E7
I. Rl�iFg;r-2igl � Title: o idt Direelar of Trinsportsfion 09vapment
Title: FAe , ou�ive—
Legffflll.ft.. COUNTY ATTORNEY
VED AS TO FORM:
CHRISTME M, LIMBERT-13ARRIOWS
AsslaCOUNTY ATTORNEY
I I f 1.4
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OFT NSPORTAFION 525-010-401
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT 081W
Page
UZ1411111914 9 B1*T"ZR2tNh1U1
Monroe County
Dated
PROJECT LOCATION:
The project is X— is not on the National Highway System.
L43 01 WON I M1 I I MARK111VI I
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Numb , er (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
I a law sk
TA 3TAMINUT11
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) — — —'— --- Study to be completed by—.
b) Design to be completed by 1/30/2014
c) Right -of -Way requirements identified and provided to the Department by 1/30/2014
d) Right -of -Way to be certified by 1/30/2014
e) Construction contract to be let by 6/30/2014
f) Construction to be completed by 6/30/2015
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.
1.11:1 001,1211011111-1ya
STATE OF FLORIDA DEPARTMENT OF TRANSPORI ATION FRODUCI !OSU�'325 010-40
N �'�OR 1
LOCAL AGENCY PROGRAM AGREEMENT 08M6
Pap
MFTi��
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: $ 3,238,552
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway proj I ect . s a . refunded in the same
The Fish and T-fl=i e Service (FTTSya_ncF the
Roads and Parkways Programs, respectively, For the Forest Highway Program, the Forest Service, the States and the
FHWA jointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011040
R]
LOCAL AGENCY PROGRAM AGREEMENT PROL)UCTION SUPPO08106
Page 5
EXHIBIT "2"
State Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Subject to Section 216.97, Florida Statutes
State Project: County Incentive Grant Program (CIGP)
State Awarding Agency: Florida Department of Transportation
Catalog of State Financial Assistance (CSFA) Number: 55.008
Grant Amount: $2,323,047.00
Compliance Requirement Applicable to State Resources Awarded Pursuant to This Agreement are as follows:
Allowed Activities: The CIGP Program is intended to provide grants to counties for improving transportation facilities,
which are located on the State Highway System or which relieve traffic congestion on the State Highway System.
Eligibility: 339.2817, Florida Statutes, establishes several minimum eligibility criteria in order to qualify for the CIGP
funds. The project must:
1. Improve a facility on the State Highway system or relieve traffic congestion on the State Highway system.
CIGP funds cannot be used for operational expenses.
2. Be consistent to the maximum extent feasible with the Florida Transportation Plan.
3. Be consistent to the maximum extent feasible, where appropriate, with the Local Metropolitan Planning
Organization.
4. Be consistent with, to the maximum extent feasible, with any local comprehensive plans.*
* If the project is not in these plans, it must be amended into them within six months of application.
Matching: The Department shall fund 50% of the cost of the project funded under this program unless the participant
qualifies and is approved for a reduction or waiver of match under the Rural Economic Development Initiative (REDI)
program. NOTE: The County has met the REDI match waiver.
NOTE: Section .400(d) of OMB Circular A-133, as revised and Section 215.97(5)(a), Florida Statutes, require that t e
information about Federal Programs and State Projects included in Exhibits "'I" and "2" be provided to the recipient.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT 09111
Page
�T �.l i��
AGENCY NAME & BILLING ADDRESS FPN: 430121-1
Name: NoNgmel(evBridaeRehabilitation Length: 2230Feet N
Termini;
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:
FY:
FY:
Total Design Cost
Right -of -Way FY:
FY:
FY:
Total Right -of -Way_ Cost
Construction FY:
FY: 2014
FY; 2015
FY:
Total Construction Cost
__2_5i4 4_48
2,574,448
43
XULM
—
643,612
—
1,930,636
Construction Engineering and Inspection (CEI)
FY: 2014
FY: 2015
FY:
Total CEI Cost
Total Construction and CEI Costs
�522 948
�1307V
—
392.211
392,211
522,948
130.737
3.097.396
774,349
2,323,047
TOTAL COST OFT PROJECT
3,097,396
774,349
2,323,011
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the lstofJulyof
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OFT NSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT09hi
Pnqe
RPM
AGENCY NAME & BILLING ADDRESS FPN: 430121-2
[2�111111X[4* ".4111CZ
Name: No Name Ke%? BrIdoe Rehabilltalion Length-. Z2A0_FgeA__
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:
FY:
FY:
Total Design Cost
Right -of -Way FY:
FY:
FY:
Totai Right-of-Wy Cost
Construction FY:
FY: 2014
FY:
FY:
Total Construction Cost
2 _9350()0
2.935,000
2,935,000
2,935,000
Construction Engineering and Inspection (CEI)
FY
FY: 2014
FY:
Total CEI Cost
Total Construction and CEI Costs
303,552
303,552
303.552
3,238,552
3,238,552
TOTAL COST OF THE PROJECT
3,238,552
3,238,552
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.