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Item I04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes x No _ Department: Planning and Environmental Resources Staff Contact Person/Phone #: Jane Tallman, ph. 509-0998 AGENDA ITEM WORDING: Approval to rescind March 16, 2011, BOCC action to execute Local Agency Program (LAP) Agreement Supplemental Agreement #1 with Florida Department of Transportation (FDOT) to extend the LAP Agreement (FPN# 428017-1) to June 30, 2012, which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels project, as the document is not necessary for the extension approval. ITEM BACKGROUND: The Florida Keys Scenic Corridor Alliance and Monroe County as the Local Agency Program (LAP) Agent were awarded a National Scenic Byways Grant for its proposed Interpretive Panels Project which will provide $45,000 for the design, fabrication and installation of Interpretive Panels. Monroe County entered into a LAP Agreement with the FDOT in June 2010 which provides the funding from this grant. An extension of the LAP Agreement was necessary and has been granted by letter by the FDOT Director of Transportation, received by Monroe County on March 16, 2011. However, a supplemental LAP Agreement is not necessary as there is not additional funding requested. This direction was given verbally by the FDOT on March 16, 2011, the day of the BOCC Meeting in which the LAP Agreement Supplemental #1 was approved, and by email on April 4, 2011. As such, the FDOT will not execute the unnecessary LAP Agreement Supplemental #1, and BOCC approval to execute it should be rescinded. PREVIOUS RELEVANT BOCC ACTION: On April 21, 2010, the BOCC approved the execution of the LAP Agreement with FDOT which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels Project. On March 16, 2011, the BOCC gave approval to execute Local Agency Program (LAP) Agreement Supplemental Agreement #1 with Florida Department of Transportation (FDOT) to extend the LAP Agreement (FPN# 428017-1) to June 30, 2012, which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels project. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $0 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 Tallman -Jane From: Siddique, Sharmin [Sharmin.Siddique@dot.state.fl.us] Sent: Monday, April 04, 2011 9:17 AM To: Tallman -Jane Subject: RE: Time Extension Letter Supplemental Agreement is not necessary since we are not adding any funds to the project. Sharmin S. Siddique, P.E. LAP Coordinator 1 sharmin.siddique®dot.state.fl.us Florida Department of Transportation - District 6/Consul-Tech Enterprises, Inc. 1000 NW 111 Avenue, Room 6247 1 Miami, Florida 33172 T: 305.470.5288 -----Original Message ----- From: Tallman -Jane [mailto:Tallman-Jane@MonroeCounty-FL.Gov] Sent: Thursday, March 31, 2011 12:57 PM To: Siddique, Sharmin Subject: RE: Time Extension Letter Hi Sharmin, I would like to ask for your further assistance regarding the Florida Keys Scenic Highway Interpretive Panels LAP Agreement time extension. I need it stated in writing that Monroe County needs only the approved request letter (which we have) and not a Supplement Agreement. The reason is that I had originally created a Supplemental Agreement for the purpose and later was informed by your office that it was not necessary because it is a time extension only. This Supplemental Agreement and the time extension were approved by our BOCC as that process was happening concurrently with the processing of the request letter. Now I need to have them rescind the approval of the Supplemental Agreement and to do that I need written affirmation by FDOT that the Supplemental Agreement is not necessary. Is that something you can provide? An email is sufficient. Thank you, Jane Jane Tallman, P.E. Florida Keys Scenic Highway Coordinator Monroe County Planning Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 (305)509-0998 tallman-jane@monroecounty-fl.gov -----Original Message ----- From: Siddique, Sharmin [mailto:Sharmin.Siddique@dot.state.fl.us] Sent: Wednesday, March 16, 2011 9:19 AM To: Tallman -Jane Subject: RE: Time Extension Letter Jane, Please find attached Approved Time Extension Request. Thanks. Sharmin S. Siddique, P.E. LAP Coordinator 1 sharmin.siddique@dot.state.fl.us Florida Department of Transportation - District 6/Consul-Tech Enterprises, Inc. 1000 NW 111 Avenue, Room 6247 1 Miami, Florida 33172 T: 305.470.5288 1 County of Monroe Growth Management Division Plannina & Environmental Resources Deuartment 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 299-2500 FAX: (305) 299 2536 We strive to be caring, professional and fair March 3, 2011 Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 Dear Mr. Iglesias, Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern David Rice, Dist 4 Kim Wigington, Dist. 1 George Neugent, Dist 2 Sylvia J. Murphy, Dist 5 I am writing to request an extension of the LAP Agreement FPN# 428017-1 between Monroe County and the FDOT for Design, Fabrication, and Installation of Interpretive Panels for the Florida Keys Scenic Highway (SR 5/USl/OVRSEAS HWY FLORIDA KEYS SCENIC HWY INTERPRETIVE PANEL GRANT). Monroe County was prepared to enter into a contract for this project on February 16, 2011, with the No.1 ranked firm, Synergy Design Group. On February 7, 2011, the County was informed that Synergy Design Group is declaring bankruptcy. The process required to negotiate a contract with the No. 2 firm, Experience Design, and to get Monroe County Board of County Commissioners approval of that contract (anticipated on March 16, 2011) is such that the project can not be completed before the June 30, 2011, termination of the LAP Agreement. Monroe County is asking that the LAP Agreement be extended to June 30, 2012. The County will issue a Notice to Proceed to the Contractor on July 1, 2011, so no work will be done in the current fiscal year. The intent is to move the entire $45,000 to FY12. No additional funding is being requested. If there is further information or materials needed to complete this request, please contact me at (305) 509-0998 or tallman-jane@,monroerounty-fl.gov. LAP Extension Request FPN# 428017-1 Thank you for your consideration, J e Tallman, P.E. Monroe County Scenic Highway Coordinator Approved by: /4Iarold Desdunes Director of Transportation, FDOT Cc: Townsley Schwab, Director, Department of Planning and Environmental Resources Patricia Smith, Monroe County Transportation Planner LAP Extension Request FPN# 428017-1 Staff Contact Person/Phone #: Jane Tallman, nh. 509-0998 AGENDA ITEM WORDING: Approval to execute Local Agency Program (LAP) Agreement Supplemental Agreement #1 with Florida Department of Transportation (FDOT) to extend the LAP Agreement (FPN# 428017-1) to June 30, 2012, which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels project. ITEM BACKGROUND: The Florida Keys Scenic Corridor Alliance and Monroe County as the Local Agency Program (LAP) Agent were awarded a National Scenic Byways Grant for its proposed Interpretive Panels Project which will provide $45,000 for the design, fabrication and installation of Interpretive Panels. Monroe County entered into a LAP Agreement with the FDOT in June 2010 which provides the funding from this grant. A Request for Proposals (RFP-GMD-349-16-2010-PUR/CV) was advertised and based on review of the six (6) proposals submitted, the selection committee recommended Synergy Advertising & Design, Inc. (dba Synergy Design Group). Monroe County was prepared to bring the proposed contract with Synergy Design Group to the BOCC for approval at the February 16, 2011, meeting. However, on February 7, 2011, the County was informed that the contractor was filing for bankruptcy, nullifying the proposed contract. The LAP Agreement Supplemental Agreement #1 to extend the Agreement to June 30, 2012, is needed as the June 30, 2011, expiration cannot be met due to the proposed contractor filing for bankruptcy. The County will work to contract with the #2 ranked firm, but the process required makes completing the project by the original LAP expiration date impossible. No additional funds are requested. PREVIOUS RELEVANT BOCC ACTION: On April 21, 2010, the BOCC approved the execution of the LAP Agreement with FDOT which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels Project. On October 20, 2010, the BOCC approved advertising the Request for Proposals (RFP-GMD-349-16- 2010-PUR/CV) for this project. CONTRACT/AGREEMENT CHANGES: Extension to June 30, 2012. STAFF RECOMMENDATIONS: Approval TOTAL COST: $45,000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: S0518-GW 1002 (grant funded through LAP Agreement with FDOT) REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 525-010-32 PRODUCTION SUPPORT 12/09 Page 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 428017-1 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT APZ10 The Monroe County Board of County Commissioners desires to supplement the original Agreement entered into and executed on June 24, 2010 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Florida Keys Scenic Highway Interpretive Panels Length N/A Termini SR 5/US1/Overseas Hwy Florida Keys Scenic Hwy Description of Work: The Florida Keys Scenic Corridor Alliance and Monroe County as the LAP agent were awarded a National Scenic Byways Grant for its proposed Interpretive Panels project. The funding is for design, fabrication, and installation of Interpretive Panels along the Florida Keys Scenic Highway corridor from Key West to Key Largo. Reason for Supplement: Time extension to June 30, 2012, is needed as the June 30, 2011, expiration cannot be met due to the proposed contractor filing for bankruptcy. No additional funds are requested. 525-01D-32 PRODUCTION SUPPORT 12/09 Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN LOCAL AGENCY PROGRAM 1 SUPPLEMENTAL 428017-1 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APZ10 TYPE OF WORK By Fiscal Year FUNDING PREVIOUSI TOTAL PROJECT FUNDS ADDITIONAL PROJECT FUNDS CURRENT TOTAL PROJECT FUNDS TOTALAGENCY FUNDS I TOTAL STATE & FEDERAL FUNDS Planning 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total Planning Cost $45,000.00 $0.00 $45,000.00 $0.00 $45.000.00 $45,000.00 $0.00 $45,000.00 $0.00 $45,000.00 Project Development & Environment (PD&E) 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right -of -Way 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total Right -of -Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total Construction Cost 1 $0.00 $0.00 $0.00 $0.00 $0.00 Construction Engineering and Inspection (CEI) 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Total CEI Cost Total Construction & CEI Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL COST OF THE PROJECT $45,000.00 $0.00 $45,000.00 $0.00 $45,000.00 525-010-32 PRODUCTION SUPPORT 12/09 Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 428017 1 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APZ10 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Monroe County Board of County Commissioners By: Name: Title: Attest: Name: Title: Date: As to form: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Name: Title: Date: Legal Review: Attorney Office of the General Counsel See attached Encumbrance Form for date of funding approval by Comptroller.