04/17/2019 Agreement °pg°°°° °°P g'- Kevin Madok, CPA
.,.:.: Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: April 18, 2019
TO: Judith Clarke, PE, Director
Engineering/Roads&Bridges
ATT'N: Olympia Newton
Engineering Department/Stop 1
FROM: Pamela G. Hanco 4111.C.
SUBJECT: April 17th BOCC Meeting
Enclosed are the following items, executed on behalf of Monroe County,for your
handling:
D6 Resolution No. 114-2019 of Florida Department of Transportation Local Agency
Program Agreement for Federal Highway Administration Emergency Relief Program grant funds;
in the amount of$3,577.00 for Engineering Design of Repairs to County Road SR4A on Little
Torch Key.
D7 Resolution No. 115-2019 of Florida Department of Transportation Local Agency
Program Agreement for Federal Highway Administration Emergency Relief Program grant funds;
in the amount of$10,497.00 for Engineering Design of Repairs to No Name Key Bridge, No
Name Key.
There are two duplicate originals of each of the agreements as well as a certified copy of the
subject Resolutions: Once the state has signed the agreements please be sure to return a fully
executed duplicate original of each item for the record.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGC100C-12/10
Page 1 of 15
FPN: 445364-1 FPN: FPN:
. _ ....._.. .....�.... ._._._._....�,. T ..........._�n....�. ............�
Federal No (FAIN): E172-406-E Federal No_ (FAIN): Federal No(FAIN):
Federal Award Date: ° Federal Award Date: Federal Award Date:
Fund: Fund: Fund:
Org Code: Org Code: Org Code:
FLAIR Approp: _„ _ .... IT FLAIR Approp: FLAIR Approp:
FLAIR Obj: FLAIR Obj: FLAIR Obj:
County No:90 Monroe Contract No:
Recipient Vendor No:p F 596000749-114 Recipient DUNS No: 073876757
Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on
Tune 25 2019 by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only)
of the State of Florida ("Department"), and Monroe Count ("Recipient").
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the
Parties agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as
Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Hurricane Irma SR4 0.09 miles from intersection of US 1 - Roadway Repairs, as further described in Exhibit
"A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to
provide Department financial assistance to the Recipient; state the terms and conditions upon which
Department funds will be provided; and to set forth the manner in which the Project will be undertaken and
completed.
3. Term of Agreement: The Recipient agrees to complete the Project on or before December 31 2019. If the
Recipient 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 Recipient 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 term
of this Agreement will not be reimbursed by the Department.
4. Project Cost:
a. The estimated cost of the Project is $ 3,577�00,. This amount is based upon the Schedule of Financial
Assistance in Exhibit"B", attached to and incorporated in this Agreement. Exhibit"B" may be modified
by mutual execution of an amendment as provided for in paragraph 5J.
b. The Department agrees to participate in the Project cost up to the maximum amount of$3,577.00 and as
more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the
actual amount of Federal-aid participation. The Department's participation may be increased or reduced
upon determination of the actual bid amounts of the Project by the mutual execution of an amendment.
The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits
incurred in connection with the completion of the Project.
c. 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:
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
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LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGCIOOC-12/18
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I. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority
becomes available.
5. Requisitions and Payments
a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each
deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of
deliverables are described more fully in Exhibit"A".
b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A".
Deliverables must be received and accepted in writing by the Department's Project Manager prior to
payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progress report that is approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to
be borne by the Recipient 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. All costs charged to the Project, including any approved services
contributed by the Recipient 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.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum level of service to be performed based
on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs
invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract
Payment Requirements.
e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
If. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H",
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department
shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the
Department, provide the Department with a corrective action plan describing how the Recipient will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-010-40 PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18
Page 3 of 15
unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-
performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the
deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement
request(s)during the next billing period. If the Recipient is unable to resolve the deficiency, the funds
shall be forfeited at the end of the Agreement's term.
g. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department's
receipt of the invoice. 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, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient.
Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient 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 a state agency. The Vendor Ombudsman may be contacted at(850)413-5516.
h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. 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
five years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the Recipient's general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient 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 Local Agency Program ("LAP") Supplemental Agreement between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient's contract award amount.
j. 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 Recipient 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.
k. The Recipient 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.
I. 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 Recipient, in writing,when funds are available.
m. 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:
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
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"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess of$25,000 and which have a term
for a period of more than 1 year."
6. Department Payment Obligations:
Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:
a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or
amendment to its application, or with respect to any document or data furnished with its application or pursuant to
this Agreement;
b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the
approval of the Department or has made a related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or
e. The Recipient has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department's issuance of a Notice to Proceed ("NTP"), 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 Recipient 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. General Requirements:
The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, 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 (FDOT Topic No. 525-010-300), which by this reference is made a part of
this Agreement. Time is of the essence as to each and every obligation under this Agreement.
a. A full time employee of the Recipient, 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
responsible charge of the Project, which employee should be able to perform the following duties and
functions:
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-01040
LOCAL AGENCY PROGAM AGREEMENT PROGRAM MANAGEMENT
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OGC/OOC-12/1 B
Page 5 of 16
I. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes,transactions and documentation to ensure that safeguards are in
place to minimize fraud,waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and
consultant staff at all stages of the Project.
b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or 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 Recipient 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 Recipient 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 Recipient for future LAP Projects. No
cost may be incurred under this Agreement until after the Recipient has received a written NTP from the
Department. The Recipient 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 Recipient is not able to meet the
scheduled advertisement, the Department District LAP Administrator should be notified as soon as
possible.
c. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which
will be attached to and incorporated in this Agreement in the event state funds are used on the Project.
d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will
initiate and consummate, as provided by law, all actions necessary with respect to any such matters.
e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessary funds for completion of the Project.
f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
submissions using Department-designated information systems.
g. 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
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EMEN0
PROGRAM
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC—n12116
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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 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 Recipient 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 Recipient shall promptly reimburse
the Department for all such amounts within 90 days of written notice.
h. For any project requiring additional right-of-way, the Recipient 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.
8. Audit Reports:
The administration of resources awarded through the Department to the Recipient 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 Recipient shall comply with
all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements,
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
Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by
the Department. The Recipient 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 Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded
by the Department through this Agreement is subject to the following requirements:
i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200, Subpart F —Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient 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 2 CFR Part
200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-010-40 PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18
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iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F —Audit
Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
However, the Recipient must provide a single audit exemption statement to the Department at
W'DO"' vliir� w,uji% ;re,„„t,,,.,,( w„ no later than nine months after the end of the Recipient's audit period for
ach ap eplicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR
Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, 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
Recipient's resources obtained from other than federal entities).
iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at
ucv_w w wu,,, 9°ma.q,g, t,(,��,� eb/the audit reporting package as required by 2 CFR Part 200, Subpart F —
Audit Requirements, 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 2 CFR Part
200, Subpart F —Audit Requirements, and this Agreement. However, the Department requires a copy of the
audit reporting package also be submitted to IC-Q0"'I""&i n l,1e u��,iqtr Ktt��r. tg.,1lpu�s 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 2 CFR Part 200, Subpart F—Audit Requirements.
V. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient'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 Recipient fails to have an audit conducted
in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, 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, which
actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations(or in the case of the Department, recommend such a
proceeding be initiated by the federal awarding agency);
5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient'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.
vii. 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
c. The Recipient 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 Recipient 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.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-12/16
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9. Termination or Suspension of Project:
The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this
Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such
termination in writing at least thirty(30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall
agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the
Project is located on the Department's right-of-way, then all work in progress on the Department right-of-
way will become the property of the Department and will,be turned over promptly by the Recipient.
d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement,
the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of
the Agreement any funds that were determined by the Department to have been expended in violation of
the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient 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 the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such
consultant or contractor.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a
project with the Recipient, where said project involves a consultant contract for engineering, architecture
or surveying services, is contingent on the Recipient's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R.
172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in
the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient
shall certify to the Department that selection has been accomplished in compliance with the Consultants'
Competitive Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in
the FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this
Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on
the Project.
11. 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.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525E
PROGRAMMANAGEMENT
-40
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC- 2/18
Page 9 of 15
The Recipient 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 Recipient 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.
12. Compliance with Conditions and Laws:
The Recipient 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 Recipient 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, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations:
Recipients 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 Recipient's person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient 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 Recipient 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 Recipient
developed the Project in accordance with applicable federal and state regulations, standards and
procedures, and the Department did not have to exceed the minimum oversight and monitoring
requirements identified for the project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions:
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient 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
Recipient pursuant thereto. The Recipient shall include the attached Exhibit"C", Title VI Assurances in
all contracts with consultants and contractors performing work on the Project that ensure compliance with
Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. 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.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
-010-40 PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGc/00G-12na
Page 10 of 15
d. 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.
e. 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
Recipient.
f. Neither the Recipient 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 Recipient 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 Recipient, the Recipient,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 Recipient or the locality relating to
such contract, subcontract or arrangement. The Recipient 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 Recipient 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 Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
g. 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.
15. Indemnification and Insurance:
a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third-party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.
b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department
against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful
act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or
employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent
and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28,
nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the
negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third
parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any
manner arising out of this Agreement. This indemnification shall survive the termination of this
Agreement.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT PROGRAOGCOOCrMti18
Page 11 of 15
c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as"Entity"for the purposes of the below indemnification)
who perform work in connection with this Agreement:
"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
[RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section
768.28, Florida Statutes.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute
agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of
[RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be
construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent
acts or omissions of the Department, its officers, agents, or employees, or third parties. This
indemnification shall survive the termination of this Agreement."
16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way,the Recipient
® shall
❑ shall not
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit "D". This provision will survive termination of this
Agreement.
17, Miscellaneous Provisions:
a. The Recipient will be solely responsible for compliance with all 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 Recipient will be responsible for securing any applicable
permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000,
a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387).
b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
c. In no event shall the making by the Department of any payment to the Recipient 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 Recipient 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.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM
AGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/GOC-12/18
Page 12 of 15
d. 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.
e. By execution of the Agreement, the Recipient 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.
f. Nothing in the Agreement shall require the Recipient 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 Recipient will at once notify the
Department in writing in order that appropriate changes and modifications may be made by the
Department and the Recipient to the end that the Recipient may proceed as soon as possible with the
Project.
g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient 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 Recipient 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 Recipient a written approval with said
remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment
by the Department.
h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required.
L The Recipient 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 Recipient's facility, adequate title is in the
Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose.
j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the Recipient, 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 Recipient 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 Recipient 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. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency.
k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and
Inspection services on the Project.
I. The Recipient 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 Recipient and FHWA requires reimbursement of the
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
PROGRAMMANAGEMENT
-010-40
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18
Page 13 of 15
m. The Recipient shall:
I. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and
ii. expressly require any contractor and 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.
n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party.
o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991,
Florida Statutes.
18. Exhibits:
a. Exhibits "A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement.
b. ❑ If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is
attached and incorporated into this Agreement.
c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay
Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is
attached and incorporated into this Agreement.
d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.
e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into
this Agreement.
f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then
Exhibit"L", Landscape Maintenance, is attached and incorporated into this Agreement.
g. ❑This Project includes funding for a roadway lighting system. If the Project includes funding for roadway
lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this
Agreement.
h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes
funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is
attached and incorporated into this Agreement.
i. ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "O", Terms
and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this
Agreement.
j. ❑The following Exhibit(s) are attached and incorporated into this Agreement: A B,C,D.E,F
k. Exhibit and Attachment List
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PROGRAOGC/OOC MANAGEMENT12118
Page 14 Of 15
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance(Single Audit Act)
Exhibit F: Contract Payment Requirements
* Exhibit G: FHWA Form 1273
*Exhibit H:Alternative Advance Payment Financial Provisions
*Exhibit I: State Funds Addendum
* Exhibit J: State Financial Assistance(Florida Single Audit Act)
*Exhibit K:Advance Project Reimbursement
*Exhibit L: Landscape Maintenance
*Exhibit M: Roadway Lighting Maintenance
• Exhibit N: Traffic Signal Maintenance
* Exhibit O: Terms and Conditions of Construction in Department Right-of-Way
Additional Exhibit(s):
*Indicates that the Exhibit is onl attached and incor orated if a licable box is selected.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B97OBF91275
STATE OF FLOMOA DEPARTMENT OF TRANSPORTATION 525.010-40 PROGRAMMEET
LOCAL AGENCY PROGRAM AGREEMENT s C-1211®
Page 13 of 15
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year written above.
RECIPIENT onroe Count STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
+ DocuSigned
e. Syk' a J. Murpi + 3991F6sEF .rold Desdunes
"title: M,.." r l t-L-l Title:
�.� D6 Director
ATTEST: Kevin Madok, Cl r
al Review:
A DocuSigned by:
r •
Deputy Clerk _.��,�,,„p��,
12CAFOE1 B1 DB49C...
ASSISTANT Cq
noI'
w�'
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGC-12/18
Page t of 1
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 445364-1
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
Monroem County m(jh_q,RegiPient)1
PROJECT LOCATION:
❑The project is on the National Highway System.
❑The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 0.09 miles from US 1 project length 1,400 ft.
PROJECT DESCRIPTION: The project includes engineering design and permitting services for the repair of 1400 LF of
roadway shoulder washed out on State Road 4A, Little Torch Key, Monroe County, FL. 0.09 miles from intersection of
US1.
SPECIAL CONSIDERATIONS BY RECIPIENT:
The Recipient 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 Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a)Study to be completed by N/A.
b) Design to be completed by December 31, 2019.
c) Right-of-Way requirements identified and provided to the Department by N/A.
d) Right-of-Way to be certified by December 1, 2019
e) Construction contract to be let by
f) Construction to be completed by
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010408
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT
OGC-10/18
Page 1 of 1
EXHIBIT "B"
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME&BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 445364-1
MONROE COUNTY BOCC, Engineering Department
1100 SIMONTON STREET
KEY WEST, FL 33040
MAXIMUM PARTICIPATION
(1)
TOTAL (2) (3) (4)
PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS
Design-Phase 38
-Y: 2018-2019 ('DG Hurracane Irma) $3,577.00 $ $ $3,577.00
Y: (Insert Program Name) $ $ $ $
Y: Insert Pro ram Name' _$_ $ $ $
Total Design Cost $3,577.00 $ 0.00 $ 0.00 $3,577.00---
Right-of-Way-Phase 48
`Y: (Insert„P,rora,mName) $ $ $ $
Y: (Insert Program Name) $ $ $ $
-Y: Insert Pro ram Name' $ $ $ $
__ .......
Total Right-of-Way Cost $ 0.00 _ $ 0.00 $ 0.00„ $ 0.00
Construction-Phase 58
mY: (Hurricane Irma) $ $ $ $
''Y: (Insert Program Name) $ $ $ $
Y: (Insert [[gram Name) $ $..,,.n._ $ $.........
Total Construction Cost $ 0.00 $ 0.00 $ 0.00 $ 0 00
onstruction Engineering and Inspection(CEI)-Phase 68
Y: (Hurricane Irma') $ $ $ $
Y: (Insert Program Name) $ $ $ $
°Y: Insert Prop ram Name $ $ $ $
Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
I.nsert,Phase)
TY: ('Insert Program Name) $ $ $ $
Y: 4lnsert Program Name'p $ $ $ $
-Y: Insert Pro ram Name' $ $ $ $
Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00
TOTAL COST OF THE PROJECT $3,577.00 $ 0.00 $mmm0 00„ $3,577.00
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475,FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by
Section 216.3475,F.S.Documentation is on file evidencing the methodology used and the conclusions reached.
Xiomara Nuriez,.M.....B.A..
District Grant Manager Name
DocuSigned by:
6/24/2019 1 1:43 PM EDT
IN49R�09FA4D7.. Date.........
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040C
LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT
oca 1a1s
Page 1 of 2
Exhibit"C"
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest(hereinafter collectively referred to as the"contractor')agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall
not discriminate on the basis of race,color,national origin,or sex in the selection and retention of sub-
contractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race,color,
national origin,or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040C
LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT
OGC-10/18
Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not
limited to:
a. withholding of payments to the contractor under the contract until the contractor
complies,and/or
b. cancellation,termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7)
in every sub-contract, including procurements of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with
respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal
Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the
contractor may request the Florida Department of Transportation to enter into such litigation to protect
the interests of the Florida Department of Transportation, and, in addition,the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964
(42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis
of disability);and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101
et seq.),(prohibits discrimination on the basis of age);Airport and Airway Improvement Act of 1982,(49
USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national
origin,or sex);The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation
of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities(42 U.S.C.§§12131 --12189)as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination
statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and
sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies,and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations; Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency(LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education
programs or activities(20 U.S.C. 1681 et seq).
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40D
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA 1
OGC-10/18
Page 1 of 7
EXHIBIT "D"
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
RESOLUTION NO. 114-2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING A LOCAL AGENCY PROGRAM
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND MONROE COUNTY FOR
FUNDING FOR ENGINEERING DESIGN AND
PERMITTING SERVICES FOR REPAIRS TO COUNTY
ROAD SR 4 ON LITTLE TORCH KEY DUE TO
HURRICANE IRMA.
WHEREAS, the Board of County Commissioners of Monroe County ("COUNTY") has
jurisdiction over and maintains county road SR 4 on Little Torch Key; and
WHEREAS, the Florida Department of Transportation ("DEPARTMENT") has awarded
Federal Highway Administration (FHWA) Emergency Relief Program funding under a Local
Agency Program (LAP) agreement to the COUNTY for repair of damages to SR 4 on Little
Torch Key due to Hurricane Irma, hereinafter referred to as the "PROJECT", the individual
elements of which are outlined in the attached Exhibit "A", "Project Description and
Responsibilities",which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 445364-1, and has agreed to reimburse the COUNTY for eligible
project costs up to a maximum limiting amount, as outlined in the attached Exhibit `B"
"Schedule of Funding", which is herein incorporated by reference; and
WHEREAS, the County has agreed to supervise and inspect all aspects of the PROJECT
construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party;and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes(F.S.);
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County,Florida,that:
Section 1. The Local Agency Program (LAP) Agreement between the State of Florida,
Department of Transportation and Monroe County is hereby approved.
Section 2. Upon execution, this Resolution shall be marked as Exhibit "D" and made a part
of this Local Agency Program (LAP)Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 17th day of April, A.D., 2019.
SR 4 Little Torch Key
April 17, 2019
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
Commissioner Michelle Coldiron Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
` BOARD OF COUNTY COMMISSIONERS
in Madok,, Clerk OF MONRO ' SOU, FLORIDA
By By
Deput
y Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
TO F9 t:
CHR1S UNBERT BARROWS
ASSISTANT 0 RNEY
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SR 4 Little Torch Key
April 17,2019
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
1a1a
Page 1 of 1
EXHIBIT"E"
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: III
..
Award Amount: $3,577.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles&Audit Requirements for Federal Awards
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23—Highways, United States Code
Vm ,i:r/� u p .fugreud i°.. rei rua �m µ� U,uuuur y flee u u y i tluu °q
Title 49—Transportation, United States Code
Map-21.—Moving Ahead for Progress in the 21s'Century, Public Law 112-141
u re11 p 116t p go 1 �s ."W�� r�u M al ^"� � .1...2 a u V fl I 1 I V V -,1 V' , u. .l..l..4�.Pgj'
Federal Highway Administration—Florida Division
Federal Funding Accountability and Transparency Act(FFATA) Sub-award Reporting System (FSRS)
dull; ry u A f .0 yj
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
1ar1e
Page 1 of 1
EXHIBIT"F"
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category(salary,travel, expenses,etc.). Supporting documentation shall be submitted for each amount for
which reimbursement is being claimed indicating that the item has been paid. Documentation for each
amount for which reimbursement is being claimed must indicate that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly
reflect the dates of service. Only expenditures for categories in the approved agreement budget may be
reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services
being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an individual
for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on
behalf of the employee(e.g.,insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then
the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks
for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes,which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds, the contract should include a provision
for the transfer of the property to the State when services are terminated. Documentation must be
provided to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and that
provide for the contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature(e.g., postage,copies,etc.)may
be reimbursed on a usage log which shows the units times the rate being charged. The rates must
be reasonable.
(6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative
documentation to substantiate the reimbursement request that may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found
at this web address Ili,lp,g yA,!:lriuylf omiir�rJ,acfo,mca i / liar/iref reir�e Ode/
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
t 1L)U 1 U W FB - P ederal Aid Management Keports; Electronic Signatures Page 2 of 3
6/17/2019 Florida Department of Transportation
Federal Authorization Management
System
Notice of Approved
Authorization
From Federal highway Administration
to Participate in Project Costs Incurred
After the Effective Date of
Authorization Noted Below
Federal Aid Project Number:E172 406 E State Project Number:445364 138 01
This Notice of Approved Authorization is issued with the stipulation that the Florida Department of Transportation agrees
to comply with the appicable terms and conditions set forth in(1)Title 23,U.S.Code,Highways,(2)The regulations
issued pursuant thereto and(3)the policies and procedures promulgated by the Federal Highway Administration relative
to the above designates project.The Florida Department of Transportation also agrees to comply with the applicable
provisions set forth in CFR Part 630,Subpart C.
Project Location:HURRICANE IRMA-STATE ROAD 4-0.09 MILES FR INTERSECTION OF
USI;EMERGENCY OPERATION;PERMANENT REPAIRS;SHOULDER
WASHOUT;LAP-IR9002ILP
Classification of phase of work Effective Date
to be under gg eement of authorization,
Highway planning&Research
X Preliminary Engineering 6/17/2019
Right-of-Way
Construction
Other
Federal Funds
Urban/ Federal Under Advanced
Dist.Appr. FAIN With Total Cost Share AgreementConstruction
06 Z240 12E172406Z240 3,577.00 81.9% 0.00 2,930.00
Department of Transportation
Available funds certified by: ANA ALVAREZ Date:5/1/2019
Approval recommended by: DENISE STRICKLAND Date:5/2/2019
Approved and Authorized by: FORNICHER NIXSON Date:5/6/2019
Federal Highway Administration
Approval Recommended by: Noni Brown Date:6/17/2019
Approved and Authorized by: Noni Brown Date:6/17/2019
Agreement Approved by: Jorge Rivera Date:6/17/2019
State remarks:
D6-INITI4,L AUTHORIZATION,LAP AGREEMENT FOR THE DESIGN
PHASE,PERMANENT EMBANKMENT EROSION/WASHOUT REPAIRS.
DESIGN PHASE APPROVED 2/13/2019;DDIR IR90021L.HURRICANE IRMA.
Division remarks:
JJR 6/17/19-The Scope and amount requested matches the approved DDHt's
design portion.This is a delegated project and it is FDOT?s responsibility to verify
that all federal requirements are being met.In addition,day to day oversight of the
project is being administered by FDOT
This Notice of Authorization is not the official FHWA Approved project Agreement for the project designated above.The
file:///C:/Users/knksara/AppData/Local/Microsoft/Windows/fNetCache/Content.Outlook/... 6/18/2019
DocuSign Envelope ID: F9B4586F-032E-4973-BCDC-8B970BF91275
To:Xiomara.Nunez@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G1 B39
6/24/2019
CONTRACT INFORMATION
Contract: G1B39
4ontract Type: GD-GRANT DISBURSEMENT(GRANT)
IMethod,of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
MONROE COUNTY BOCC
(�llendorlD: F596000749114
04,
ktgegin6ing Date of This Ag"reement: 06/20/2019
CEfiding Date of This Agreement: 12/31/2019
�ContracYTotallBittlgetaryeiling: ct=$3,577.00
description: LAP-HURRICANE IRMA-STATE ROAD 4,0.09 MILES FROM INTERSECTION OF
US1
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 6/24/2019
ctian: Original
Reviewed or Approved. 'APPROVED
;Organization Code. 55064020689
Expansion Option: RE
taject Code: 780000
Amount: $3,577.00
,Firfancial Project:= 44536413801
Ull4rltActivity(FCT):, 215
CFDA: 20.205
fiscal Year: 2019
Budget Entity: 55150200
Category/Category Year 088041/19
Amendment iD: 0001
Sequence: 00
'User Assigned(D
Enc Line(6s)/Status: 0001/04
Total Amount: $3,577.00
Pagel of 1