Item QBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 3 , 2015
Bulk Item: Yes X No
Department: Project Management
Staff Contact/Phone #: Doug Sposito X4416
AGENDA ITEM WORDING: Approval to rescind Local Agency Program Agreement (LAP) with
the Florida Department of Transportation (FDOT) for design of the Big Pine Swimming Hole scenic
viewing area project dated 8/15/2014 due to 3 scrivener's errors in project cost; and approval to
execute corrected LAP. This project is funded at 100% by the FDOT through the Transportation
Alternatives Program.
ITEM BACKGROUND: 3 scrivener's errors in the project cost were found in the LAP and exhibits.
The incorrect amount of $100,000.00 was found at page 2, section 3.01.; in Exhibit "1' ; and in Exhibit
"B". The correct cost should be shown as $125,000.00.
PREVIOUS RELEVANT BOCC ACTION: 1/14/14 —Approval of a sublease agreement with the
FDEP for use of the "Big Pine Swimming Hole."
9/ 12/13 — Approval of the FY 2014 budget authorizing $1,000,000 in capital improvements.
6/19/13 — Approval of a motion directing staff to move forward with a contractual agreement to use the
Big Pine Swimming Hole as a passive recreational facility in conjunction with the Overseas Heritage
Trail and the Florida Keys Scenic Highway.
10/20/10 — Status report and BOCC direction regarding a sublease with the State of Florida. The
BOCC directed staff to continue exploring options that do not include the expenditure of county funds.
4/20/05 - Approval for the staff to pursue a sublease agreement with the State of Florida for partnership
and management of the "Swimming Hole" property on Big Pine Key for development of a passive
recreational park.
12/17/03— Approval of a motion directing staff to pursue the development of a passive recreational
park at the Big Pine Swimming Hole in coordination with the State of Florida and to report back to the
Board.
CONTRACT/AGREEMENT CHANGES: Correction of 3 scrivener's errors reflecting project cost.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $125,000.00 INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $0 SOURCE OF FUNDS: Federal Transportation Funds
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year _
APPROVED BY: County Att� OMB/Purchasing"` } -sk Management
Y-�.L�� g
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
rn 10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
I Contract with:
Contract Purpose/Description:
I Contract Manager:
(Name)
Ifor BOCC meeting
CONTRACT SUMMARY
Contract #
Effective Date:
Expiration Date:
i isle lulp�liil�� �� ��
9
(Ext.) (Department/Stop #)
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes:
Grant: $ 125,000.00 125-22019-53049-GN-1405
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above e.. maintenance, uWities, janitorial, s
CONTRACT REVIEW
Changes
4D In Needed
Department Head I �'� Yes❑ No}'J
Risk Management I' 1-1_..> YesQ NoQr U U L. \ �= -
O.M.B./Purchasing l 11 Yes No[:]
County Attorney WL� Yes[] Nor"w
I Comments:
Corrected Agreement With Highlights
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS
AND
ESTIMATES
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FPN: Fund: FLAIR Approp:
Federal No: 435511-1 Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: 4851-230-P Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No: Contract No: Vendor No: VF596000749114
Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 073876757
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and Monroe County Bogard of County Commission hereinafter called the Agency.
WIT NESSETH:
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 Lower
Keys Scenic Viewind Area and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms
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) 1. A and B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical
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 Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every 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 the Project.
Inactivity and Removal of Any Unbilled Funds
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52W O-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS ESTIMATESTES
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Removal of All Funds
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2016. If the Agency
does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
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. The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the Project Zbyi
'agg)reementas
s amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all a of the total cost of the Project and any deficits
involved. The schedule of funding maybe modified provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in
Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible Project costs is subject to:
a. Legislative approval of the Department's appropriation request in the work program year that the Project is
scheduled to be committed;
b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
and
d. Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"10-00
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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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 (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from
the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
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
execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and
agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised,
a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. 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 include the Agency's general accounting records and the Project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
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 DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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6.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the
authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The
Agency shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site
visits by Department staff and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through
audits when those findings pertain to Federal awards provided through the Department by this Agreement. By
entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring
procedurestprocesses deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this
Agreement is subject to the following requirements:
1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, the Agency must have a Federal single or program -specific audit for such
fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1
to this Agreement provides the required Federal award identification information needed by the
Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in
a fiscal year, the Agency must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including the Federal award provided through the Department by
this Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning
on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26,
2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, will meet the requirements of this part.
2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014.
3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency
is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at FDOTSinaleAuditCdtdot.state.fl.us no later than
nine months after the end of the Agency's audit period for each applicable audit year. In the event the
Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be
paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's
resources obtained from other than Federal entities).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
httos:Harvester censys.aoy/facweb/ the audit reporting package as required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —
Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSinaleAuditicddot.state.fi.us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package,
including corrective action plans and management letters, to the extent necessary to determine whether
timely and appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an audit conducted in
accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after
December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take appropriate actions to enforce compliance.
6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee,
the CFO or State of Florida Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or
the dispute is resolved.
7. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSiinaleAudlt _dot.state.fl.us
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five years from the date the audit report is issued and shall allow the Department, or its designee, the
CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the
audit working papers are made available to the Department, or its designee, the CFO, or State of Florida
Auditor General upon request for a period of five 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.
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) unless the records are exempt.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
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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 Ka), 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(1xb),
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
12.07.
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.
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the
Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
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 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0*40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
OGC-12114
Page B
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, the
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
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
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.):"
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
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.
11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide
Information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52M10.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
OGC— 12I14
Page 9
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 pay or 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
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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Page 10
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.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, including if no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the Project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 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 and the
same instrument.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
OGC— 12114
Page 11
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 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.
13.13 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 ❑ will ❑ 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
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 850-413-5516.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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Page 12
13.16 E- VERIFY
The Agency:
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
shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010d0
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
OGC-12114
Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Monroe County Board of Commission STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name: Danny Kolhage
Title: Mayor
Attest:
Title:
Legal Review:
By:
Name:
Title:
Attest:
Title:
See attached Encumbrance Form for date of funding approval by Comptroller.
6 I11ohm
Date: 'I-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES
1l15
Page 1
EXHIBIT 1
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal -Aid Highway Program, Federal Lands Highway Program
CFDA Program Site• v
Award Amou $125,000.00
Awarding Agenc . nt of Transportation
Award is for R&D: Yes
Indirect Cost Rate: Choose an item.
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
httaJ/www.ecir,aov/
OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations
htro:Uwww,whitehouse.gov/sites/default/filestomb/assets/al33/al33 revised 2007 _df
OMB Circular A-133 Compliance Supplement 2014
http://w-mN,whitehouse.govlomb/circulars/a133 compliance supplement 2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
http://www.whitehouse.goy/omb/circulars a087 2004/
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
http://www.whitehouse.gov/omb/circulars a102/
Title 23 — Highways, United States Code
httaHusc e.house.QQv/browsg/grelim�a dtle23&edition-prelim
Title 49 — Transportation, United States Code
httol/uscode.house.aov/browse/nrelimD,Utle49&edition--pretim
Map-21 — Moving Ahead for Progress in the 21" Century, Public Law 112-141
httpJlwww.upo.aoy/fdsys/pkra/PLAW-112vubl141 /Pdf/PLAW-112aubl l41. pdf
Federal Highway Administration — Florida Division
httoJ/www.fhwa.dot.aov/fldiy/
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
https:%/wwwJsrs aov/
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
04115
Page 1
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 435511-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County Board of County Commissioners
Dated
PROJECT LOCATION:
❑ The project is on the National Highway System.
❑ The project is on the State Highway System.
PROJECT DESCRIPTION:
SPECIAL CONSIDERATIONS BY AGENCY:
The audit feport(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 Number (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.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the projects 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
c) Right -of -Way requirements Identified and provided to the Department by
d) Right -of -Way to be certified by
e) Construction contract to be let by
f) Construction to be completed by
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.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 526-010-40
LOCAL AGENCY PROGRAM AGREEMENT Program Menepem 01/1615
Page t
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN: 435511-1
Monroe County Board of County Commissioners
PROJECT DESCRIPTION
Name: Lower Keys Scenic Viewing na Area Length:
Termini: Near MM29 on the South side of.. US 1. Adlacent to the east end of North Pine Channel (off system)
FUNDING
(1)
(2)
(3)
TYPE OF WORK B Fiscal Year
TOTAL
PROJECT FUNDS
AGENCY
FUNDS
STATE &
FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total PD&E Cost
Design FY: 14115
5125.000 000
S125.000.000
FY:
FY:
Total Design Cost
Right -of -Way FY:
FY:
FY:
Total Right -of -Way Cost
Construction FY:
FY:
FY:
FY:
Total Construction Cost
Construction Engineering and Inspection (CEI)
FY:
FY:
FY:
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT (Z$1E25,OOO.000:,Z
The Departments 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.
Original Agreement with highlights on
areas requiring correction
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2014 Division:Public Works/Engineering
Bulk Item: Yes x No ^ Department: Project Management
Staff Contact Person/Phone #:Trish Smith 304-0412
AGENDA ITEM WORDING:
Approval to execute a Local Agency Program Agreement (LAP) with the Florida Dep ent of
Transportation (FDOT) for the design of a scenic viewing area at the Big Pine Swi g This
project is funded at 100% by the FDOT through the Transportation Alternatives
ITEM BACKGROUND:
The Big Pine Swimming Hole is located south of US 1 at the west end of n Key adjacent
Old North Pine Channel Bridge. The BOCC directed county staff to use of the sits
passive recreation facility. A sublease was executed between Mo ou and the FD
awarded Monroe County Transportation Alternatives Program di or the project. hi:
Agreement is for design and permitting services ($100,9ft AP for co t o
($900,000) will be brought to the BOCC once FDOT and FD4ove the final pr d
PREVIOUS RELEVANT BOCC ACTION:
1/14/14 —Approval of a sublease agreement with t D use of the " mining Hole."
9/12/13 — Approval of the FY 2014 budget aut i 1,000,000 in ca ' pr ements. .
6/19/13 — Approval of a motion directing staf o m orward with tra agreement to use the
Big Pine Swimming Hole as a passive re i ity in conju on ' the Overseas Heritage
Trail and the Florida Keys Scenic High
10/20/10 — Status report and B C di rec garding a subl se t e State of Florida. The
BOCC directed staff to continue loring options that do i the expenditure of county funds.
4/20/05 - Approval for the st e a sublease afire ent ith the State of Florida for
partnership and managemen f imming Hole" pro n Big Pine Key for development of a
passive recreational par
12/ 17/03— Appro,)Wl mo irecting staff t
park at the Big Pin ing Hole in coo
Board.
CONTR-4QT)LGRXMENT CH A
iT
development of a passive recreational
State of Florida and to report back to the
T: 5100,0Q01WDJ1tECT COST: _ BUDGETED: Yes x No _
DIFFERENTIAL OMOCXPREFERENCE:
COST TO C 0 SOURCE OF FUNDS: federal transportation funds
REVENUE P UCING: Yes No AMOUNT PER MONTH,____ Year
LC
APPROVED BY: County Atty _ x OMB/Purchasing x Risk Management x
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDOT Contract #
Effective Date:
Expiration Date:
9/17//2014
6/30/2016
Contract Ptirpose/Description:
Local Agency Program (LAP) Agreement with FDOT for -the— design and
Contract Manager: Trish Smith, AICP 3040412
(Name) (Ext.)
for BOCC meeting on 9/17/14
Total Dollar Value of Contract: $ 10 "urrent Year
Budgeted? YesE No ❑ Account des:
Grant: $ 100,000 -
County Match: $ 0
ADDITIONAL
Estimated Ongoing Costy� For:
(Not included in dollar value o (eg. niaint , utili�
4
- 0mm o r - S-90 910
a s 1W Date Out
Date In vie r
Divi r
Ris gement +R o ❑ No[E/
./Purchasin Yes[] No®
County Atto e Yes❑
Commen
OMB Form Revised 2/27/01 MCP #2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION U"10.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OGC-04114
Pap 7
ar•—'�-�--�r�e�s—tmraiwl
FPN:
Fund:
�FT'i'0�1 s®�,o�
FLAIR Approp:
Federal No: 435511-1
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No: g'49?f - yo —P
Org Code:
FLAIR Obj:
FPN:
Federal No:
Fund:
FLAIRApprop:
FLAIR Obj: -
Org Code:
FPN:
Fund:
FLAIR Approp:
Federal No: _
Org Code:
FLAIR Obj:
County No:
Contract No:
Vendor No: 749114
Data Universal Number System (DUNS) No: 80-939-7102
Local Agency DUNS No: 0738="-
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Constr ti IdEhL
THIS AGREEMENT, made and entered into this day of and between
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of th of orida, hereina
Department, and Monroe County Berard of County Commission hereinafter ca the ncy.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into this
and the Department has been granted the authority to funs
the implementation of. an integrated and balanced transpo
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual c nan r3mi
follows:
1.00 Purpose of Agreement: The purpose .1 A& Is to
Keys Sonic Viewing Area and as fu r descri Exhibit "A*;
hereof, hereinafter called the "Project," to provi Department fi
and conditions upon which such assi c I be provided and th
P A
will be undertaken and completed.
allMdertake the pr -h r described,
in all areas of appr late sdlctfon Including
nd is authoriz ion 338.12, Florida
and rep tatio erein, the parties agree as
441
44%;� partment's participation in Lower
h to and by this reference made a part
nce to the Agency and state the terms
2630 ngs as to the manner in which the Project
1.01 Attachments: Exhibits attached an a part hereof.
♦
2.01 General RequireThe gency shall t oject as described in Exhibit "A" with all practical
dispatch, In a sound, is nd efficieqt m er, ac rdance with the provisions herein, and all applicable
laws. The Project rmed in acdBr a wit 11 iicable Department procedures, guidelines, manuals,
standards, arty di ves described in th a nt's Local Agency Program Manualwhich by this reference is
made a part set f4 in, e s of the essence as to each and ever; ^bllgition undir !h,,s
Agreement.
A time of the Agency qu ensure that the work being pursued is complete, accurate, and consistent
w' the to conditions, and s cati this Agreement shall be in charge of the Project.
In d Removal of y II Funds
Once the Department ' �i; taProceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for ent to the Department for all work completed for the Project no less frequently than on a
quarterly basis, b f the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoi the partment as required herein and in the event said failure to timely submit invoices to the
Department results HWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of sta and Federal funds, If there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obllgated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal 'of funds or if the removal is related to the loss of State
appropriation authority. in addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Removal of All Funds
525-01040
PRODUCTION SUPPORT
OGC-W14
Page 2
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects. & _
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before A
does not complete the Project within this time period, this Agreement will expire on the
completion as provided in this paragraph unless an extension of the time period is requested
In writing by the Department prior to the expiration of this Agreement. Expiration of thisdilie
termination of the Project. The -cost of any work performed after the expiration dat
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any
or other proceeding or authorization is requisite under applicable law to ens
to undertake the Project hereunder or to observe, assume or carry out any
will initiate and consummate, as provided by law, all actions necessary W
2.04 Agency Funds: The Agency shall initiate and pro:
federal -aid requirements, to enable the Agency to provide the
2.05 Submission of Proceedings, Contracts, and
such data, reports, records, contracts, and other do(
Highway Administration (FHWA) may require. The At
Tool and applicable Information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the
"B." The Agency agrees to bear all E
schedule of funding may be madiflwW
3.02 Department Partic
Exhibit "B." This amount
3.03 Limits on Depart I
of this Agreement.
If the Agency
o e scheduled
Jpncy and granted
will be considered
cement will not be
efelVdum, approval,
My
to enter irgQ th'
ns of the Ag�b l
any such rn� ft
It to the Department
lent and the Federal
Program Information
ase upon the schedule of funding in Exhibit
kW Project and any deficits involved. The
paragraph 4.00.
-spate in the Project cost to the extent provided
to the actual amount of federal -aid participation.
lent participation will be allowed only from the date
Ible Project costs is subject to:
all other terms of this
scope and budget at the time appropriation authority becomes available.
3.04 Appropriatio d The Department's performance and obligation to pay under this Agreement is contingent
upon an annual rop by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval fro a Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funds levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby Incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52"10.00
PRODUCTION SUPPORT
OGC-"14
Pepe 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 a making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only fehae
value of
the services to,be rendered or agreed to be paid for in succeeding fiscal years, and this h shall
be incorporated verbatim in all contracts of the Department which are for an amount in,'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 Agen c ad a written ce-
to-Proceed (NTP) from the Department. The Agency agrees to advertise or put the P 'e t t id thirty (30) dliq
the date the Department issues the NTP to advertise the Project. If the Agen to meet the s dui
advertisement, the District LAP Administrator should be notified as soon as pos
3.07 Limits on Federal Participation: Federal -aid funds shall not pa ' Ip in y cost whict Inc ad in
conformity with applicable Federal and State laws, the regulations in ederal Regul s nd 49
C.F.R., and policies and procedures prescribed by the Division Admini FHWA. Federal s of be paid
on account of any cost incurred prior to authorization by the FHW ant to proce th rojact or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the p determines that y a n claimed is not
eligible, federal participation may be approved In the amount ed be adequately d the Department
shall notify the Agency in writing citing the reasons why i s a ounts are not g eral participation.
Where correctable non-compliance with provisions of la A requirements e ' funds may be withheld
until compliance is obtained. Where non-compliance i of ble, FHWA or t De t may deny participation
in parcel or Project costs in part or in total. _01
For any amounts determined to be ineligible fa di, for yjllif�tAPepartment has advanced payment,
the Agency shall promptly reimburse thqLDepart a fo I such amounts Ofthinm cis of written notice.
4.00 Project Estimate and Dist
funding shall be prepared by the
funding, carry out the Project, cet
conformity with the latest app
mutual written agreement be
to the Department's C�AI
effective unless it comp Ie it
Comptroller.
5.00 Records
5.01 E bIHWe dd 111mintena
Agr a maintained and
AVen years after th
thpon request.rewith suppo
Pther record f th
audit of costs. If any I' '
retained until all litleatio . r ag or a
ime cheduie: Prior to
ft
n proved by the [
obligations aga
Vertm
of funding fe
ant and th e
`the Department's era
participation r
* * * �\A, 'N 4
- tN
JFxdcuJMW this Agreement, a Project schedule of
men The Agency shall maintain said schedule of
lftdoftke disbursements of Project' funds only in
Dject. The schedule of funding may be revised by
If revised, a copy of the revision should be forwarded
�Program Office. No increase or decrease shall be
is Agreement and is approved by the Department's
untng Records: Records of costs incurred under the terms of this
a a e upon request to the Department at all times during the period of this
t is made. Copies of these documents and records shall be furnished to
'f is incurred include the Agency's general accounting records and the Project
sand records of the Agency and all subcontractors performing work on the
racy and subcontractors considered necessary by the Department for a proper
audit Is started before the expiration of the 5-year period, the records shall be
findings involving the records have been resolved.
5.02 Costa Incur fact: The Agency shall charge to the Protect account all eligible costs of the Protect except
costs agreed to be ne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable 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 DEPARTAENT OF TRANSPORTATION USOIO-40
LOCAL AGENCY PROGRAM OGC-04H4 AGREEMENT PRODUCTIOOGCP
Pogo
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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-13 a d Section 215.97,
Florida Statutes, as revised (see `Audits" below), monitoring procedures may include, but not be li to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/ th r cedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fu I monitoring
procedurestprocesses deemed appropriate by the Department. In the event the Departme s that a limited
scope audit of the recipient Is appropriate, the recipient agrees to comply with any addi s ons provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to cooperate ny
Inspections, reviews, investigations or audits deemed necessary by the Departmman' spector Gener
and the Chief Financlal Officer (CFO) or Auditor General.
Audits
Part I -Federally Funded: Recipients j f federal funds (i.e., state,�v merit or 0+� ons as
defined In OMB Circular A-133, as revised are to have audits done ann sI� the followingGrit
1. In the event that the recipient expends $500,000 or mo I rewards in its fis yea he recipient must
have a single or program -specific audit conducted in n with the provis ircular A-133, as
revised. Exhibit "1" of this Agreement indicates ral rces awarded ro t apartment by this
Agreement. In determining the federal awards In Its fiscal year, th nt all consider all sources
of federal awards, including federal resources ce m the Departm rmination of amounts of
federal awards expended should be in acco ce the guidellne&otafthed by OMB Circular A-133, as
revised. An audit of the recipient con ditor GenerarVaccoVence with. the provisions OMB
Circular A-133, as revised, will meet the n is part.
2. in connection with the audit uireme dressed In pa ph 1 the recipient shall fulfill the
requirements relative to audit re nsibilities as provided . Sub of OMB Circular A 133, as revised.
3. If the recipient expends les ,000 in federal awards fiscal year, an audit conducted in accordance
with the provisions of i 1 -133, as revISAAk not required. However, If the recipient elects to have an
audit conducts in the provision Circular A-133, as revised, the cost of the audit must
be paid from n - I res cas (i.e., the cost uch udit must be paid from recipient resources obtained
from other than e I 'ties).
4. Feder, a cis a o e Identified u• th atal g of Federal Domestic Assistance (CFDA) title and number,
award n r, and n�me g federal agency.
Part Fun ipients o s (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
S t ve audits done annu u e following criteria:
1. In th event that the a rids a total amount of state financial assistance equal to or in excess of
0 in any fisc recipient, the recipient must have a state single or project -specific audit for
fiscal year in a orda with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor a hapters 10.550 (focal governmental entities) or 10.650 (nonprofit and for -profit
organizations) a Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded a partment by this Agreement. in determining the state financial assistance expended In its
fiscal ye e r t shall consider all sources of state financial assistance, including state financial assistance
received fro ha Department, other state agencies, and other non -state entitles. State financial assistance does
not include f ral 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 Il, 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 OEPARTMEW OF TRANSPORTATION 62H10.40
LOCAL AGENCY PROGRAM AGREEMENT PROOUCTKM SUPPORT
OGC-04114
Pape 5
3. If the recipient expends less than $600,000 In state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) ti nd number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrme ctio n audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, Including corrective current status of the
audit findings is required. Current year audit findings require corrective action and stat g .
Records related to unresolved audit findings, appeals or litigation shall be retai .1 action is compie or th
dispute is resolved. Access to Project records and audit work papers shall be o th partment, the t of
Financial Services, and the Auditor General. This section does not limit th uth of the DepP$me to u or
arrange for the conduct of additional audits or evaluations of state flnan ' n or limit th a of other
state official.
Part IV - Report Submission:
2.
Copies of financial reporting packages for audits
and required by Part I of this Agreement shall be
133, as revised, by or on behalf of the recipient o
Florida Department of
Office of Comptroller, 1
605 Suwannee Street
Tallahassee, Florida 3
Email: FDOTSinaleA/
ordence with A-133, as revised,
n required by c (d), OMB Circular A -
of the foilowir�t
Circular A-133, as revised (the number of copies
133, as revised), at the following address:
entitles in accordance with Sections .320 (a) and (f), OMB Circular
m ial reporting package required by Part I of this Agreement and conducted in
a 33, as revised, is not required to be submitted to the Department for reasons
, OMB Circular A-133, as revised, the recipient shall submit the required written
320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
each of the following:
��ment of Transportation
O Comptroller, MS 24
605 annee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleA it dot.state fl.us
3.
4.
E;
6.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION W-010-40
LOCAL. AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
aao-Darla
Pape a
In addition, pursuant to Section .320 (9, 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
Letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0406
Email: FDOZSInaIeAudit(MdoLstate.il us
Copies of the financial reporting package required by Part II of this Agreement s !tied by or on behalf
of the recipient directl 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: FDOTSI leeAud3tMot.state.fi.us
b) The Auditor General's Office at the following addr
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-145
Copies of reports or the an ement Le r quired by Part it f thi g ement shall be submitted by or on
behalf of the recipient directly t .
a) The Department at ea Ing address(es):
ation required to be submitted to the Department pursuant to
ier in accordance with OMB Circular A-133, as revised, Florida
lai entities) or 10.650 (nonprofit and for -profit organizations),
JMI reporting packages to the Department for audits done in accordance with
)r Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
Auditor General, should indicate the date that the financial reporting package
respondence accompanying the financial reporting package.
Part V - Record n: he recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement f p at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state O or Auditor General access to such records upon request. The recipient shall ensure that the
Independent audit doc entation is made available to the Department, or its designee, the state CFO or Auditor General .
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 628d1040
LOCAL AGENCY PROGRAM AGREEMENT PRODUcrIONSUPPORT
OOO-04114
Pepe 7
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other `a
erlaI subject to the
provisions of Chapter 119, Florida Statutes, and made or received In conjunction with this Agreem lion 287.058(1)
(c), Florida Statutes) unless the records are exempt.
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any proj w additional right-
of-way, the Agency must submit to the Department an annual report of its real progoilima isition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal ye fr October 1 t gh
September 30, The report must be prepared using the format prescribed in 49 F. a 4, Appendix BZN
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or nsation for jprviclfor
incurred shall be submitted in detail sufficient for a proper pre -audit and p a the of (Section 28
Statutes). iivqt,
All recipients of funds from this Agreement, including those cc
expenses, when authorized by the terms of this Agreement, in
Chapter 3-7ravel' of the Department's Disbursement 4nera�
Florida Statutes). +[
Agency, must it tfor any travel
ce with Section 112 1, 6 Itfor
and
Topic 350 ron 287.058(1)(b),
If, after Project completion, any claim is made by the tNsulting from an it ork or services performed
pursuant to this Agreement, the Department may offs uch unt from pa or work or services done under
any agreement which it has with the Agency o if, upon de&Nshalf
ant of the amount is not made
within 60 days to the Department. Offsetting a p nt to this not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject t er provisions hereof, nt will honor requests for reimbursement
to the Agency in amounts and at ti by the Department be per to ensure the carrying out of the Project
and payment of the eligible costs. otwithstanding any of ision of this Agreement, the Department may
elect by notice In writing not to a ant if:
7.01 MlsrepresentatiA go shall have made rep ntation of a material nature in its application, or any
supplement thereto or t thereof or in or s y document of data furnished therewith or pursuant
hereto;
7.02 Litigation T is pendin$ lib spect to the performance by the Agency of any of Its duties or
obligations wl�h ar a or aArs ffe Project, the Agreement or payments to the Project;
7.0 a Department: -T Mall have taken any action pertaining to the Project which, under this
ement, qu s the approvalf th a rtment or has made related expenditure or incurred related obligatlons
wi ut Navin been advised by a nt that same are approved;
7.04 ct of Interests: ere been any violation of the conflict of interest provisions contained here In paragraph
12.07.
7.05 Default: Th h been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Particip on: 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 W for
the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project
STATE OF FLORIDA OUAWMENT OF TRANSPORTATION 52"10-40
LOCAL AGENCY PROGRAM AGREEMENT PRooucTxlNOUPPORT
oaa aar1a
Pepe 8
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.
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
of its obligations under this Agreement until such time as the event or condition resulting in s
or been corrected or the Department may terminate this Agreement in whole or in par�/�
Department requires such tennination. ( A
(a) if the Department determines that the performance of the Agency Is not s
Agency of the deficiency in writing with a requirement that the deficiency be
notice. Such notice shall provide reasonable specificity to the Agency of the
deficiency is not corrected within such time period, the Departmen4nott
as set forth in paragraph 8.(b) below, or (2) take whatever action i
deficiency. In the event the Department chooses to take action andemand, promptly reimburse the Department for any and all costs
the deficiency.
End any or all
m has ceased
interest of the
tment shall
(30) days S
mefflately term
to by the Dep
the Agreement, tl
icurred by then
(b) If the Department terminates the Agreement, the DepaALentlJ1111111111110rhotify the
with Instructions to the effective date of termination o1.10 the stage of w
terminated. JV
(c) If the Agreement is terminated before the
Project satisfactorily performed for which cc
equivalent percentage of the contract pyce.
turned over promptly by the Agency.
8.02 Action Subsequent to Notli
notice under this paragraph, the
Include any or all of the follow
and contracts and such othe ct
which the financing is�t c
undertakings the cost
out in conformity wi a sl
conditions imq�ed the p rt
reasonable tirtie ut
which the Det o re
NWt the
hall, upon
correcting
Rmination in writing,
Agreement is to be
Pro' the Agency Nbeild only for the percentage of the
at
ated, a nt, however, shall not exceed the
All will b e t r rty of the Department and will be
7 1lon or Suspensio Upo ceipt of any final termination or suspension
proceed promptly to out the actions required therein which may
sary action to inate or suspend, as the case may be, Project activities
be required de ble to keep to a minimum the costs upon the basis of
fumish a t of the Project activities and contracts and other
includ ate. The termination or suspension shall be carried
r a ost p d by the Department or upon the basis pf terms and
vent upon th it of th Agency to fumish the schedule, plan, and estimate within a
of federal n p licipation in the Project shall not constitute a waiver of any claim
ise hl* a g o f this Agreement.
N w
9.Vcoon
Agency:
9.Agreements- t otherwise authorized in writing by the Department, the Agency shall not
exct or oblig manner requiring the disbursement of Department funds, including consultant
ortracts or en nts thereto, with any third party with respect to the Project without the written
approval of the De
pa o tain such approval shall be sufficient cause for nonpayment by the Department.
The Department spe ' I erves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapp m yment of the same.
9.02 Compliance Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by t 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. {n all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
otherwise
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52Wl"O
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OGC- OY14
Par 0
10.00 Disadvantaged Business Enterprise (DOE) Policy and Obligation: It is the policy of the Department that DBEs,
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 erformance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steft accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opport ' t41114wete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate s of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Ag on. urthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administr ary recipient) t
include the following assurance:
'The recipient shall not discriminate on the basis of race, color, natl I , or sex in to a rd a
performance of any DOT -assisted contract or In the administration p ram or req is
49 C.F.R. Part 28. The recipient shall take all necessary and re ps under 49 0
ensure nondiscrimination In the award and administration of D is contracts. T ien DBE
program, as required by 49 C.F.R. Part 26 and as approv t, Is incorpor y nce in
this Agreement. Implementation of this program Is a legal If and failure to carry its t s shall be
treated as a violation of this Agreement. Upon not' to a recipient of ' arry out Its
approved program, the Department may Impose sa s as ided for under C art 26 and may,
In appropriate cases, refer the matter for enforce u 18 U.S.C. 1001 Is ram Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
(b) Each contract signed with a contractor (and
Include the following assurance:
'The contractor, subrecipient or
or sex in the performance of thi
Part 28 in the award and ,adrr
requirements is a material b
other remedy as the rec di
11.00 Compliance wit ons
to comply with all term a ons
to this Project. Ex Is Agn
require its coma an ontracb
laws and regulaati��ii cl the "Ce
— Lower Tier Iv�Ci s ons,' iri
11
Agency no
e prime con r si with a subcontractor) must
Icto all not discri ' th sis of race, color, national origin,
The contractor sh ca pplicable requirements of 49 C.F.R.
DOT -assisted con ts. ilure by the contractor to carry out these
contract, whicih may r n the termination of this contract or such
A Laws: TheAq
Z%;
mply and require its contractors and subcontractors
of this Agrreeo f ral, state, and local laws and regulations applicable
emenMco muteation that the Agency is incompliance with, and will
rs to i, alf requirements imposed by applicable federal, state, and local
tific g Debarment, Suspension, Ineligibility and Voluntary Exclusion
C. Pa 9, when applicable.
ievaluated on a project -by -project basis. The evaluations provide
ee
Input for the recertification process. Evaluations are submitted to the
n as part of the Project closeout process. The Department provides the
ays after final acceptance.
11.02 Performance Ev nW: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means Had to develop the Project In accordance with applicable federal and state regulations,
standards and pro fired excessive District Involvement/oversight, or the Project was brought In-house by the
Department. A o dory Performance means the Agency developed the Project in accordance with applicable
federal and state ations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performa means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
STATE OF FLOFUDA DEPARTMENT OP TRANSPORTATION 6 p1040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCrIoOGC- RT
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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: am
ployme rading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms mpensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision I to show the
particular contractual relationship in all its contracts In connection with the development of op on h roject, except
contracts for the standard commercial supplies or raw materials, and shall require all such c;o cto insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or t Is. When the project
Involves Installation, construction, demolldon, removal, site improvement or similar o t gency shall In
conspicuous places available to employees and applicants for employment for pro' n as to be pro, by
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all re ments impolpd Title the
Civil Rights Act of 1964, the regulations of the U.S. Department of Tran iss ad thereu or, rance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes andIn
12.03 Americans with Disabilities Act of 1990 (ADA): h
the ADA, the regulations of the Federal government iss a der
12.04 Public Entity Crime: A person or affiliate b lace,
for a public entity crime may not submit a bid o Ad,
submit a bid on a contract with a public entity r s Ion or
submit bids on leases of real propert a public ; may not be
subcontractor or consultant under a con t with a ublic entity; a
excess of the threshold amount prov d ection 287.017, Florf
months from the date of beingla o victed vendor list.
of the Civil
Mil comply with a irements as imposed by
, and assura ncy pursuant thereto.
I on the vic vendor list following a conviction
9 any or s ices to a public entity; may not
re lic building or public work; may not
aw ad erform work as a contractor, supplier,
c nsact business with any public entity in
Stat& , for CATEGORY TWO for a period of 36
12.05 Discrimination: In ac n Section 287.1 rida Statutes, an entity or affiliate who has been placed
on the Discriminatory in NELIst, y the Florida D art of Management Services, may not submit a bid on a
contract to provide goe o rviee to a public'en ' n bmit a bid on a contract with a public entity for the
construction or repair a I ilding or public a mit bids on leases of real property to a public entity;
may not be award work as a *ant r, s i ubcontractor or consultant under a contract with any
public entity; *d m nobc
ect business w y lie entity.
12.06 Susp it on, Doual ation or Determination of Contractor Non-•Responslbiltty: An
anti I ts Cerb f Ification suspended, revoked, denied or have further been determined
by De to be a non-respon actor may not submit a bid or perform work for the construction or repair
of public b 1 or public work dka co c with the Agency.
12.0111laggWted Interests: a r2PIWAgency nor any of its contractors or their subcontractors shall enter into any
contraa, subcontract or arra eme connection with the Project or any property Included or planned to be included in
the Project in which a icW or employee of the Agency or the locality during tenure or for 2 years thereafter
has any Interest, dire r ct. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior tot ni of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prio pr f the Department, may waive the prohibition contained in this paragraph provided that any
such present memb officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract o 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."
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62"1040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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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 Member 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 complia with 11 the applicable
environmental regulations, for any liability arising from non-compliance with these r s, d will reimburse the
Department for any loss incurred in connection therewith. The Agency will be respo b s ring :any ap le
permits.
13.02 Department Not Obligated to Third Parties: The Department shall obi ed or liable he ny
individual or entity not a party to this Agreement.
13.03 When Rights and Remedios Not Waived: In no event shall the a b�Ithe Departure a►i�a�i}l�nt to the
Agency constitute or be construed as a waiver by the Department of IS h of covenant o of which may
then exist on the part of the agency and the malting of such paym rtment, while u ach or default
shall exist, shall in noway impair or prejudice any right or tamed v to the Department re to such breach
or default. ♦ re,
113.04 How Agreement is Affected by Provisions Bel I alld: If any pr0Vr1nT4f1hI4greement is held invalid,
the remainder of this Agreement shall not be affected. su n stance, the r der then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution t, the ents that it has not paid and, also
agrees not to pay, any bonus or corn ' ion for rpose of obtainin an a oval of its application for the financing
hereunder.
13.06 State Law: Nothing in the e t II require the Agen o o rye or enforce compliance with any provision
or perform any act or do any of contravention any a ble state law. If any of the provisions of the
Agreement violate any appal s w, the Agen at once notify the Department In writing in order that
appropriate changes age m ca ay be made by De ent and the Agency to the end that the Agency may
proceed as soon as pos �e the roject.
13.07 Plans and
Agency shalt dub
Department wl J
portions of t i
of
13.08 € ]ght-of-Way
compliance with all i
solicitation of bids for
13.09 Agency C
accordance with
name, and the P
a* In the eve* th his �e� involves constructing and equipping of facilities, the
Ito th partment for appropriate plans and specifications covering the Project. The
s and ec do will Issue to the Agency a written approval with any approved
Nrd"jmmentsDNeme tions covering any remainder of the Project deemed appropriate.
�e mania adations to the Department's satisfaction, the Department wIN issue to
approval with saier of the Project. Failure to obtain this written approval shall be sufficient
t by the Do UMeAgency will physically include Form FHWA-1273 in all its contracts and
i:ppon completion of right-of-way activities on the Project, the Agency must certify
nd state requirements. Certification is required prior to advertisement for or
of the Project, including If no right-of-way is required.
111,R1.1The Agency will certify In writing, prior to Project closeout that the Project was completed in
)le plans and .specifications, Is in place on the Agency's facility, adequate title is in the Agency's
accepted by the Agency as suitable for. the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shalt 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 528-0t0-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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13.11 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 and the
same instrument.
13.12 Restrictions on Lobbying:
Federal; The Agency agrees that no federally -appropriated funds have been paid, or will be paid r on behalf of the
Agency, to any person for Influencing or attempting to influence any officer or employee of any f y, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Cong in n on with the
awarding of any federal contract, the making of any federal grant, the making of any federal to the ering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or mod ny federal contract,
grant, loan or cooperative agreement.
if any funds other than federally -appropriated funds have been paid by the A c person for influe g o
attempting to influence an officer or employee of any federal agency, a Mem n s, an officer of
Congress or an employee of a Member of Congress in connection with this a t, the undersigned hall p ate
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," In with its inst
The Agency shall require that the language of this paragraph be include ward documen su ards at all
tiers {including subcontracts, subgrants, and .contracts under g d cooperatty a and that all
subreciptents shall certify and disclose accordingly.
State: No funds received pursuant to this contract may b e nde r lobbying the L is , the Judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to main a ro of on the St ig System constructed under this
Agreement. If the Agency constructs any im partment ri h Y. a Agency ❑ will ❑ will not•
maintain the improvements made for their usefu
13.14 Vendors Rights: Vendors (in docum identified as providing goods and services to the
Department should be aware of the f me frames. Upon r 1pt, t partment has 30 working days to inspect
and approve the goods and servi s bid specifications, ch order or contract specifies otherwise. The
Department has 20 days to deliver r payent (vo cher) to apartment of Financial Services, The 20 days
are measured from the latter a Invoicemis r or the goods or services are received, inspected, and
approved.
If a payment is not av ' 40 days after re p v and the receipt, inspection, and approval of goods
and services, a se p t t penalty In lbco ce ion 215.422(3) (b), Florida Statutes, will be due and
payable in adoon the 1 ice amount to th Interest penalties of less than one $1 will not be enforced unless
the Agency re involc w ha o e returned to the Agency because of Agency preparation errors
will result in ent. T pa ent requirements do not start until a properly completed invoice Is
provi t epa e .
A ndor O u man has been ablis within the Department of Financial Services. The duties of this individual
in a actin as an advocate t who may be experiencing problems In obtaining timely payment(s) from the
Dep he Vendor O n y be contacted at 850413-5516.
13.15 Reimbursemen
The Agency shall 10 it I applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by De on or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the cy and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of unds awarded under the terms of this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62WO 40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIOOGC- 041R
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13.16 E- VERIFY
The Agency:
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 tate contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify th eligibility of
all new employees hired by the subcontractor during the contract term.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION W&MO.40
LOCAL AGENCY PROGRAM AGREEMENT PRoOucTroDOC-D41
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Papa 14
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY# Boar
l ommisslon /TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Attest:
M
Legal Review.
R-,. _
"N Name:
Title:
Attest:
Title:
See attached Encumbrance Form for date of funding approval by
STATE OF FLOMDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "1"
SINGLE AUDIT ACT
52&01040
PRODUCTION SUPPORT
Duos
pop
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the FoIIN.
Federal Agency: Federal Highway Administration
CFD way Planning and Construction
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on
local. The major exceptions are the Highway Bridge Replacement and
for bridges on and off the federal -aid highways, highway safety activiti
enhancement activities, the recreational tralls program, and pla
Proposed projects meeting these and other planning, design, n
on the basis of state and local priorities within the limit of the irds
Allowable Costs: Eligible activities and allowable
C.F.R. and the OMB cost principles applicable to the
Eligibility: By law, the federal -aid highway pr
a suitably equipped and organized trams
State Departments of Transportation, DOT
generally selected by state DOTs or titan nnir
officials, :as specified in 23 U.S,C. enting rel
manner as other federal -aid highwa h the ten
stale DOT. Most Federal Land Program (I
Administration (FHWA) Office nds Highway
Agencies (FLMAs). Un FL acts In the Inc
Governments and are by Bureau of Indian
1111161ogy transfer.
can be approved
a mareadministered
ranMhat requires each state to have
are administered by or through
to bthe federal -aid highway program are
rganin cooperation with appropriate local
Ions.ay projects are funded in the same
rl tray functioning in a manner similar to a
11) pinistered by the Federal Highway
Divisions or by the various Florida Land Management
rvation Road (iRR) Program are selected by Tribal
wl ) and the FHWA. Due to recent legislation, Tribal
lous IRR projects on behalf of the BIA and FHWA.
e (NPS) select projects in the Refuge Road and Park
Highway Program, the Forest Service, the States and the
I Resources Awarded Pursuant to This Agreement Are As
funding must comply with the statutory requirements in Sections
and Title 23 and Tide 49, C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN:
This exhibit forms an integral part of the Agreement between the State of Florida, Department of
Dated
PROJECT LOCATION:
The project_ is x is not on the National Highway System.
The project _Is x is not on the State Highway System
52&0f040
PRODUCTION SUPPORT
0M
Pape
and
PROJECT DESCRIPTION:
Design a scenic pull off including parking, landscaping, bo Ik, and other amenities adjacent to US 1 near
North Pine Channel.
SPECIAL CONSIDERATIONS BY AGALY:
The audit report(s) required in
Department's contract number,
applicable, the amount of state
the funding action from any
The Agency is rec
permitting with the
The Agency
accordance
a to be completed by'M
b) t -Way requirem s id
c) Ri t-of-Way to be chi
If this ?Mule cannot be
subject to the withdraw4p
t shall include a du of Project Assistance that will reflect the
j roject Number (FP ederal Authorization Number (FAN), where
(receipt and moment of funds), any federal or local funding action, and
respect to t pr
of the d for a Department's review and approval to coordinate
re#ep en or mmencement of any right-of-way activities.
to the execution of this Agreement and shall perform in
016
sand provided to the Department by June 30, 2016
30, 2016
will notify the Department In writing with a revised schedule or the project is
SPECIAL CONSII�N DEPARTMENT:
n!a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION9UPIov„09/11
Page
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS I FPN:
Monroe County BOCC
Name:
Termini:
435511-1
l/ I
V_l
TYPE OF WORK B Fiscal Year
FUNDIN
(�)
ROJECT FUNDS
AXSTATE&
10�111111
(3)
FEDERAL FUNDS
Ar
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E
FY:
FY:
FY:
Total PD&E Cost
Design FY: 14/15
FY:
FY:
Total Design*C t
Right -of -Way FY:
FY:
+FY:
To -W st
Constructl F . 1
FY-
tal onstruction Cost
C ctlon gineerinq and In
FY. 17/18
FY.-
FY:
Total CEIo
Total d CEI Costs
___ _._ _......._ .._._
TOTAL T OF THE PROJECT
r:
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.