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Item I05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21. 2004 Division: Growth Management Bulk Item: Yes X No_ Department: Planning and Environmental Resources AGENDA ITEM WORDING: Approval of a Supplemental Joint Participation Agreement with the Florida Department of Transportation for the Monroe County Bicycle/Pedestrian Planner. ITEM BACKGROUND: The Florida Department of Transportation has provided grant funding to Monroe County since 1998 for the position of Bicycle and Pedestrian Planner to facilitate completion of the Overseas Heritage Trail, providing leadership related to the Livable Cormnunikeys program, serving as a liaison to the Florida Department of Transportation on various transportation planning issues, and providing leadership to the Florida Keys Scenic Highways Program. On August 20, 2003, the County Commission approved a supplement to the existing FDOT contract. However, due to an oversight by the Florida Department of Transportation only $5,000 of the additional $75,000 was obligated for the contract. This new supplement is necessary to obligate the remaining $70,000. Another change was made to the contract to allow the use of$I,OOO for training and travel. All other terms of the contract will remain the same. PREVIOUSLY RELEVANT BOCC ACTION: October 19,2000- approval and authorization of a Joint Participation Agreement, FDOT Contract No. AI931 for the purposes of hiring a Bicycle and Pedestrian Planner. June 21, 2001- approval of Supplemental JPA for second year of funding for Bicycle and Pedestrian Planner. September 18, 2002- approval of Supplemental JP A for additional year of funding for Bicycle and Pedestrian Planner. August 20, 2003- approval of Supplemental JP A for additional year of funding for Bicycle and Pedestrian Planner. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval TOTAL COST: $70.000.00 BUDGETED: Yes No X COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH ~ Year APPROVED BY: County Atty X isk Management X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # -=-r-.. s DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: F.D.O.T. Contract # Effective Date: Expiration Date: AMI02 September 18, 2002 December 31, 2004 Contract Purpose/Description: This su lement to an existin F.D.O.T contract. will rovide fundin to retain the Bicycle-Pedestrian Planner position. The County Commission previously approved a supplement to the existing contract on August 20, 2003. However, due to an oversight by the Florida Department of Transportation only $5.000 of the additional $75.000 was obligated for the contract. Therefore this new supplement is necessary to obligate the remaining $70.000. One other change was made to the contract, it provides for the use of $ 1,000 of the contract for training and travel. All other terms of the contract will remain the same. Contract Manager: K. Marlene Conaway 2523 (Name) (Ext. ) Planning and Environmental Resources (Department/Stop #) for BOCC meetin on 21 2004 A enda Deadline: Janu 6 2004 CONTRACT COSTS Total Dollar Value of Contract: $ 70,000 Budgeted? YesD No C8J Account Codes: Grant: $ 70,000 County Match: $ 0 Current Year Portion: $ 0 - - - ---- - - - ---- - - - ---- - - - ---- Estimated Ongoing Costs: $Q/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed .-/ Division Director ''''')/J/~ Y esD Not::] Risk Management I).IJ->JD~ YesD No~ O.M.B./Purchasing /f~3YeSO NO~.. . County Attorney 1.1.- is';[:.3YesD N~~',/fi~ Comments: Date Out OMB Form Revised 2/27/01 MCP #2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 5001 725-030-07 PUBLIC TRANSPORTATION 07/02 Paqe 1 of 5 Contract No.: AM102 Federal No.: FLAIR Approp.: 088854 FLAIR Obj.: 790052 Org. Code: 55062010630 Vendor No.: 596000749054 Catalog of State Financial Assistance Number: 52004 Financial Project No.: 25207711401 (item-segment-phase-sequence) Fund: ODD Function: 615 Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Monroe County 2798 Overseas Highway, Suite 410, Marathon Florida 33050 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 18th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of September 2002 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $145,000.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide funding for the Monroe County Bicycle/Pedestrian Planner position. 725-030-07 PUBLIC TRANSPORTATION 07/02 Paqe 2 of 5 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $ 70,000.00 bringing the revised total cost of the project to $ 145,000.00 Paragraph 4.00 of said Agreement is increased by $ 70,000.00 bringing the Department's revised total cost of the project to $ 145,000.00 3.00 Amended Exhibits: Exhibit(s) A,B, and C of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement December 31st, 2004 725-030-07 PUBLIC TRANSPORTATION 07102 Pace 3 of 5 Financial Project No. 25207711401 Contract No. AM102 Agreement Date \ Except as hereby modified, amended or changed, all other terms of said Agreement dated September 18th, 2002 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller Monroe County SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE TITLE _._.....::;; 725-030-07 PUBLIC TRANSPORTATION 07/02 Pa~e 4 of 5 Financial Project No. 25207711401 Contract No. AM102 Agreement Date , ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe County 2798 Overseas Highway, Suite 410, Marathon Florida 33050 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): The additional funding ($70,000)is needed to pay the salary for the position through Dec. 31, 2004. I. Project Cost: As Approved As Amended Net Change $75,000.00 $145,000.00 $70,000.00 Total Project Cost $75,000.00 $145,000.00 $70,000.00 I. Fund Participation: As Approved As Amended Net Change Department: $75,000.00 $145,000.00 $70,000.00 Agency: $0.00 Other: $0.00 Total Project Cost $75,000.00 $145,000.00 $70,000.00 Comments: 725-030-07 PUBLIC TRANSPORTATION 07/02 Paqe 5 of 5 III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement. funds are programmed in the Department's Work program in the following fiscal year(s): FY FY FY FY Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department. 2798 Overseas Highway. Suite 410, Marathon, Florida, 33050-2227, dated PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County BicyclelPedestrian Planner To provide funds to hire a Bicycle/Pedestrian Planner for Monroe County SCOPE OF SERVICES TASK 1: Provide leadership related to bicycle/pedestrian planning for the Livable Communities Program (LCP) 35% ACTIVITIES .:. Develop strategies including partnerships, projects and programs in concert with the LCP .:. Disseminate information related to bicycle/pedestrian needs & opportunities .:. Manage/oversee consultant work related to bicycle/pedestrian planning and design .:. Prepare bicycle/pedestrian elements of community master plans, make amendments to comprehensive plan and land development regulations .:. Review bicycle/pedestrian! ADA project proposals on the State or local roadway system for technical, policy and cost feasibility and determine acceptability to local governments and cit'7.:ns .:. Lead project development activities in Monroe County's communities .:. Provide technical assistance to community groups and organizations TASK 2: Coordinate programmatic and procedural aspects of bicycle/pedestrian planning program with transportation planner and the Florida Department of Transportation 15% ACTIVITIES .:. Field review citizen complaints and resolve design issues on State facilities as requested by FDOT .:. Coordinate project development activities with FDOT and other agencies .:. Attend and hold scoping meetings with Monroe County, other local agencies and FDOT .:. Coordinate review and ranking of transportation enhancement applications .:. Coordinate with other municipalities on their activities related to bicycle/pedestrian planning, programming, outreach and education FM#2520n -1-14-01 Contract # AM-1 02 EXHIBIT" A" PROJECT DESCRIPTION AND RESPONSIBILITIES (Continued) TASK 3: Coordinate efforts related to the Overseas Heritage Trail 40% ACTIVITIES .:. Attend DEP-Ied Community workshops and Meetings .:. Provide technical assistance to DEP and FDOT .:. Coordinate among DEP, Monroe County and FDOT .:. Coordinate with Monroe County Public Works .:. Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail SPECIAL CONSIDERATIONS BY AGENCY: I. AUDIT REPORTS The audit report( s) required in paragraph 7.60 ofthe Agreement shall include a schedule of project assistance that will reflect the Department's contract number, FM number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. TASK 4: Provide leadership related to the Florida Keys Scenic Highway 10% ACTIVITIES .:. Supervise the Florida Keys Scenic Highway Coordinator .:. Attend Florida Keys Scenic Highway Advisory Group workshops and meetings FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT "B" ESTIMATED ANNUAL PROJECT COST ~D BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning: Department, 2798 Overseas Highway, Suite 410, Marathon, Florida. 33050-2227, dated I. ESTIMATED PROJECT BUDGET: Salary: Original (9/18/2002) Supplemental #1 (9/11/2003) Supplemental #2 (this action) Travel Expenses Supplemental #2 (this action) $ 70,000.00 $ 5,000.00 $ 69,000.00 $ 1,000.00 ESTIMATED TOTAL PROJECT COST: $145,000.00 II. FUND PARTICIPATION: \1aximum Federc.! Participation (0%) or $0.00 Public Agency Participation In-Kind Cash Other (0%) (0%) (0%) Maximum Department Participation, Primary (D) (100% Federal Reimbursable (DU)(FRA)(DFTA) (0%) Local Reimbursable (DL) (0%) $0.00 $0.00 $0.00 or $145,000.00 or $0.00 or $0.00 TOTAL PROJECT COST $145,000.00 --=-.:.:.....- FM#252077-1-14-01 Contract # AM-1 02 EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department, 2798 Overseas Hi2hway, Suite 410, Marathon, Florida, 33050-2227, dated INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Public Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3. Comply with all applicable provisions of this Agreement. Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. MOnroe ~0IIIlIJ ~l'" It U~ 'Ul.."..._a. STATE OF FLORIDA DEPARTMENT OF TRANsPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-030-06 PUBLIC TRANSP ADMIN. 06102 Pege 10112 Financial Project No.: 25207711401 (item-segment-phase-sequence ) Fund: ODD Contract No.: AM102 Federal No.: FLAIR Approp.: 088854 FLAIR Obj.: 790052 Org.Code: 55062010630 Vendor No.: 596-000-749-054 Catalog of State Financial Assistance Number: Function: 635 Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this fA IV . dayof 5~l7[/t/lg ~e- , u/!~ _,'l.' _ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Monroe County 2798 Overseas Highway, Suite 410, Marathon, FL 33050 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044(21) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide f!Jnding for the Monroe County Bicycle/Pedestrian Planner position. and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 72~30.06 PUBLIC TRANSP ADMIN. 06102 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit. notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ $70,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this referenCE: made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ $70,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) ,Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM 725-o30~ PUBLIC TRANSP ADMIN - 06/02 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of. the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project. in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account. and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to. or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. '. FORM 725-030006 PUBLIC TRANSP ADMIN - 06102 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300.000. this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida StatuteS: . The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97. Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any awar~, including material noncompliance with individual project compliance requirements or reportable conditions in internal contrOfS...of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations. and corrective action plans. FORM 72~30-06 PUBLIC TRANSP ADMIN. 06102 Pege 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds. the Agency shall file with the Department of Transportation, District Six Public Transportation Office 602 S. Miami Avenue, Miami, FL ,FL, 33130 its requisition on a form or forms prescribed by the Department. and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by noticejn ~riting not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement. requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal PartiCipation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. FORM 725-030.06 PUBliC TRANSP ADMIN - 06102 Page 6 01 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goocls or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: 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 public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or aU of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and'any advance payment previously received:as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project. Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities 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 as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. FORM n5~30~6 PUBLIC TRANSP ADMIN - 06:0= Page 7 ot ~: 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department. the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26. as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment. without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, -site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968. 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA. the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. FORM 725-030.06 PUBLIC TRANSP ADMIN - 06/0: Page 8 of 1: 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two 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 his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories. or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. FORM 72S.Q30.c6 PUBLIC TRANSP ADMIN. 06/0;: Page 9 of';: 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use. the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act. error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agneyc in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the cOQstructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agel)cy facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the-,nfeD.ded- purpose. FORM 72S.{)30.{)E PUBLIC TRANSP ADMIN. 06.0: Page 100f 1: 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as 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 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Six . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section 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. FORM 725-030-06 PUBLIC TRANSP ADMIN. 06/0: Page" of': 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor 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 Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list 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. FORM 725-030-06 PUBLIC TRANSP ADMIN. 0602 Page 12 Cl 12 Financial Project No. 25207711401 Contract No. AM102 Agreement Date &f - / f ' () ~ IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT Monroe County PRINTED OR TYPED) See attached Encumbrance Form for date of Funding App val by Comptroller AGENCY NAME ~ - ~. '-- ~ SIGNATURE - --:;f I -/-' ~ II ,_ l I ,.r. . Director of PlanninQ and Public Transportation TITLE TITLE .-;;~.-.~~ . <':-:. ~"~~~. ~~~~. . '. -,) ',.,. -'\:~\ ,'... '. "-.; - :.;:-:-....-.:\\~~ l :;1 / -! ./ -:.~..... (SEAL) AneST: DANNY L KOLHAGE, aERK n ~y~- .-.j-~'~ /~. ~:. DEPUTY CLERK .0 . - "- -:' -. l( - '.-/ RECYCLED PAPER @ Encumbrance Administrator Sent by: Elizabeth Wellington To: Ken JeffriesJD6/FDOT@FDOT cc: Subject: Re: Monroe County Bicycle/Ped Planner Position [J 07/09/0204:20 PM Ken Jeffries Ken Jeffries 07/09/2002 02:34 PM To: Encumbrance Administrator/CO/FDOT@FDOT cc: Subject: Monroe County Bicycle/Ped Planner Position STATE OF FLORIDA ENCUMBRANCE RUSH Reason for RUSH : Advertise Award x New DEPARTMENT OF TRANSPORTATION FORM 350-020-01 INPUT FORM COMPTROLLER-FIN ADMIN 3/99 (Needed by __/__/____ (date)) (Letting Date) Termination/Cert of Comp LOA Supplementar-- Renewal Correction Addition--- Court Order Overrun Contract # AMI02 Contract Type AI Method of Procurement G Vendor Name _Monroe County Planning Dept_ Vendor ID 596-000-749-054 Has Written/Verbal Approval from a Participating Federal Agency been received Yes No __N/A_ Fed Agmt Arnt State Funds $70,000.00 Local Funds Beginning date of this Agmt: _10_/=I_/_02_(Mu~be after fund approval) Ending date of this Agmt: 9 / 30 / 03 (Estimate if necessary) Execution date of this Agmt: -10 7 1-/-02-(Only on original agreements) Has work been authorized to begin?- - -Yes x No Have standard financial provisions been altered by contract terms? ___Yes _x__ No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes x No .***************************************************************** Brief Description of Work/Comments: To provide funding for the Monroe County Bicycle/Pedestrian Planner position. ****************************************************************** ORG-CODE *EO * OBJECT * AMOUNT (FISCAL YEAR) *FIN PROJ or JOB # *FCT (FUND) alpha 55 062010630 *TP * 790052 * $ 70,000.00 (02/03) - * 25207711401 (D) *635 55 xxxxxxxxx *xx * xxxxxx * $ (xx/xx) * xxxxxxxxxxx (xxxx) * xxx 55 xxxxxxxxx * xx * xxxxxx * $ (xx/xx) * xxxxx.x.xxxxx (xxxx) * xxx TOTAL AMOUNT * $_70,000.00___ * Originator: Kenneth Jeffries DATE SENT: July 9, 2002 PH/SC: 452-5683 E-mail USERID(s) p1630kJ -- -- - -- ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ******************************************************+*****+***** BUDGET ENTITY 100100 WORK PROGRAM VERIFICATION ALLOTMENT CI NEW/04 65 LINE 0001 FUNDS APPROVED BY - Josephine Jones FOR ROBIN M. NAITOVE, CPA, COMPTROLLER CATEGORY 088854-03 OK YEAR DATE CHECKED DATE: _07/09/2002_ Kenneth Jeffries Office of Planning FOOT. District 6 305.377.5683 305.377.5684 (fax) FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT" A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida. Department of Transportation and the Monroe County Plannine Department, 2798 Overseas Hiehway. Suite 410, Marathon. Florida, 33050-2227, dated PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Bicycle/Pedestrian Planner To provide funds to hire a Bicyc1e/Pedestrian Planner for Monroe County SCOPE OF SERVICES TASK 1: Provide leadershil' related to bicvc1e/l'edestrian plannine for the Livable Communities Program (LC~; 3.:>'10 ACTIVITIES .:. Develop strategies including partnerships, projects and programs in concert with the LCP .:. Disseminate information related to bicycle/pedestrian needs & opportunities .:. Manage/oversee consultant work related to bicycle/pedestrian planning and design .:. Prepare bicycle/pedestrian elements of community master plans, make amendments to comprehensive plan and land development regulations .:. Review bicycle/pedestrian! ADA project proposals on the State or local roadway system for technical, policy and cost feasibility and determine acceptability to local governments and citizens .:. Lead project development activities in Monroe County's communities .:. Provide technical assistance to community groups and organizations TASK 2: Coordinate programmatic and procedural aspects ofbicvcle/pedestrian plannine pr02fam with transportation planner and the Florida Department of Transportation 15% ACTIVITIES .:. Field review citizen complaints and resolve design issues on State facilities as requested by FDOT .:. Coordinate project development activities with FDOT and other agencies .:. Attend and hold scoping meetings with Monroe County, other local agencies and FOOT .:. Coordinate review and ranking of transportation enhancement applications .:. Coordinate with other municipalities on their activities related to bicycle/pedestrian planning, prograrnrning, outreach and education FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES (Continued) TASK 3: Coordinate efforts related to the Overseas Heritage Trail 40% ACTIVITIES .:. Attend DEP-Ied Community workshops and Meetings .:. Provide technical assistance to DEP and FDOT .:. Coordinate among DEP, Monroe County and FDOT .:. Coordinate with Monroe County Public Works .:. Assist with the Scenic Highway effort as it relates to the Overseas Heritage Trail SPECIAL CONSIDERATIONS BY AGENCY: I. AUDIT REPORTS The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule ofproject assistance that will reflect the Department's contract number, FM number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. TASK 4: Provide leadership related to the Florida Kevs Scenic Highwav 10% ACTIVITIES .:. Supervise the Florida Keys Scenic Highway Coordinator .:. _ Attend Florida Keys Scenic Highway Advisory Group workshops and meetings FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT "B" ESTIMATED ANNUAL PROJECT COST AND BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida. Department of Transportation and the Monroe County Plannin~ Deoartment. 2798 Overseas Highwav, Suite 410, Marathon, Florida. 33050-2227, dated I. ESTIMATED PROJECT BUDGET: Salary Travel Expenses $ 70,000.00 $ 0.00 ESTIMATED TOTAL PROJECT COST: $70,000.00 II. FUND PARTICIPATION: Maximum Federal Participation (0%) or $0.00 Public Agency Participation In- Kind (0%) $0.00 Cash (0%) SO.OO Other (0%) $0.00 Maximum Department Participation, Primary (D) ( 1 00% or S70.000.00 Federal Reimbursable (DU)(FRA)(DFT A) (0%) or $0.00 Local Reimbursable (DL) (0%) or SO.OO TOTAL PROJECT COST $70,000.00 FM#252077 -1-14-01 Contract # AM-1 02 EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department, 2798 Overseas Hililiwav. Suite 410, Marathon, Florida. 33050-2227, dated INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Public Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2. Submit to the Department its quarterly invoice on forms prescribed by the Depaltment, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3. Comply with all applicable provisions of this Agreement. Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice.