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Item I09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15. 2005 Division: Growth Management Bulk Item: Yes X No Department: Planning and Environmental Resources Staff Contact Person: : K, Marlene Conaway AGENDA ITEM WORDING: Approval of Joint Pmticipation Agreement Contract C8F40 with the Florida Department of Transportation, ITEM BACKGROUND: This contract will provide funding to complete an alternatives analysis for a bicycle facility on County Road 905. As an environmentally sensitive area of the Florida Keys, the development of a bike facility through this corridor will require thorough analysis of its environmental impact to the area, The study will have the objective of proposing different alternatives for design, materials, and type of facility that could be used to develop a bicycle facility with minimal impact to the environment. The bicycle facility will have the goal of providing recreational bicycling opportunities, as well as providing a link between the Florida Keys Overseas Heritage Trail and bike trails found on the mainland. PREVIOUSLY RELEVANT BOCe ACTION: None. CONTRi\CT/ AGREEMENT CHANGES: None. STAFF RECOMMENDATION: Approval TOT AL COST: $75.000 BUDGETED: Yes No~ COST TO COUNTY: $0 SOURCE OF FUNDS: FDOT REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty X P DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: F.D.O.T. Contract C8F40 Effective Date Expiration Date: June 30, 2007 Contract Purpose/Description: This Joint Participation Agreement with F,D.OT will provide $75,000 to fund an alternatives analysis for bicycle facilities on County Road-90S, The proiect will include public workshops. environmental analysis and preliminary design of the selected facilitv. Contract Manager: K. Marlene Conaway 2523 Planning and Environmental Resources (Name) (Ext.) (Department/Stop #) 'C. Agenda Deadlin~ for BOCC meeting ~, 2005 on CONTRACT COSTS Total Dollar Value of Contract: $ 75,000 Budgeted? YesO No ~ Account Codes: Grant: $ 75,000 County Match: $ 0 Current Year Portion: $ 0 - - - ~~~~~ - - - ~~~~~ Estimated Ongoing Costs: $Q/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Management Changes Needed YesO Nog/ YesO No[a YesO No[2( Date Out Date In Division Director 1..~'(#V( ~ 1. r#(j) O.M.B.lP /.'l~ r:: :'ici'),[:b , County Attorney YesO No[J/ ~ Comments: IkdJI! !toY< ])8t~ ~ 1J.:3~. OMB Form Revised 2/27/01 MCP #2 STATE or GLORI!)A DEPARTMENT OF TRANSPORTA-nON PUBUC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-0:;0-06 PU8LIC TRANSPORTATION ;;'6/03 Page1d12 Financial Project No_: 25207711401 { item~sp,gmBnl-phas€H'i-e'queri(:0J Fund: ODD Contract No.: C8F40 Federal No.: FLAIR Approp_: 088854 FLAIR Obj.: 730052 Org. Code: 55062010630 Vendor No.: 596000749054 Function: 615 Catalog of Federal Domestic Assistance Number: Catalog of State Financial 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 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 aU areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 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 Provides funding to Monroe County for the purpose of analyzing and developing alternatives for bicycle facilities on CR-905 (Card Sound Road). This included workshops, environmental analysis and preliminary design, and as further described in Exhibit(s) A,B,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, 725-{}3~:).06 PUBLIC TRANSPORTAT!ON O~...'03 Page 101 ~~. 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shaH commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with ait practical dispatch, in a sound, economical, and effictent manner, and in accordance with the provisions herein, and aJl 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 appHcable 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 $ 75,000.00 . 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 $ 75,000.00 as detailed in Exhibit "8", 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 partidpation 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 [n 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 avatlable. 4.20 Front End Funding; Front end fundinq 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, 100 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 725-C3C.G6 PUBLIC TRANSPORTATION O$fG~ Page 3: -~f 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 shalt maintam said budget, carry out the project and shaH incur obligations against and make disbursements of project funds onty 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 aU 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 tlproject funds", The Agency shall require depositories of project funds to secure continuously and fully aU 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 dearly 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, induding but not limited to sile visils 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. 725-Q:)O.{}( PUBLiC TRANSpoRTATION C'6i03 Page 4 d 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 OMS 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 OMS 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 OMS Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 Ea st 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 lhe Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except Slate 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, F .S., 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 independ~nt auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, F.S., and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Suflding 111 West Madison Street Tallahassee, Florida 32302.1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, inclUding material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shat! 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, 77.5-030-06 PUBLIC TRb,NSPORTAT10N C6fG3 Page '5 o-f 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 repiace 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 toss 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 "Cn. 8.00 Requisitions and Payments: 8.10 Action bV the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Six Public Transportation Office 1000 NW 111 Avenue, Miami FL , FL, 33172 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 requisiUons, 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, F,S. For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. 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 aU 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 notice in writing not to make a payment on the project if: 8.13 (1 ) (2) (3) 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. 72t>{J:~.(H)E PUGue TRANSPORTATION c.t/o~- PageB of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude aU 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 goods 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 all 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 basts 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, F.S. 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 aU 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 shaft permit, and shaft require its contractors to permit, the Department's authorized representatives to inspect aft work, materials, payrofts, 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 no! 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. 125-030-06 PUBLiC TRANSPORT AnON C"6!Q:1 p,~" 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participahon 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, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency willlnvolve 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 Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Polley: 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, nattonal orig1n 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 wlll 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 shaH 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 standard commercial supplies or raw materials, and shall require aU such contractors to insert a similar provision in aU subcontracts, except subcontracts for standard commercia! supplies or raw materials, When the project involves instalfation, construction, demolition, removal, site improvement, or simHar 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 (42 U.S.C. 2000d, et. seq.), 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 AQreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VlIl 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. creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Partidpation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder. and the assurance by the Agency pursuant thereto. 7~SL-030-OO PUBliC TRANSPORTATION 06/03 Psqe-So~'!2 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 foHowing 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 shaH 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 controHed 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 wfll 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 appllcable 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: NothinQ in the AQreement shall require the Aqency 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 possibfe with the project 725-030-0& PU8UC TRANSPORTATION O~i03 Page 9 ci ,2 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 Hfe 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 wilt determine whether to require the participation of the Agency 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, setllement 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 constructing and equipping of facilities, the Agency shail 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 recommendatlons 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 Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 725-DSD-06 PUBliC TRANSPORTATION 06;03 PBile 10 0-1 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under Ihis 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}, F.S., are hereby incorporated: "(a) The Department. during any fiscal year, shaH flat 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 violaUon of this subsection is nul[ 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 aU 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 10 complete the project on or before 6/30/2007 . 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 fhis 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 shaH 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 shaH 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, Ihe entering into of any cooperatlve 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 10 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 Ihe 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. 7:i:5"(Y3C~C6 PU8l1C TRANSPORTATiON %103 Pag!? 'll d-r2 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 Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspecUon and approval of goods and services, a separate interest penalty in accordance with Section 215A22(3)(b), F.S. 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 Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services 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 pubHc 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, F.S. 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. 725.030.06 PUBLIC TRANSPORTATION 06/03 Psge ~z of i2 Financial Project No. Contract No. C8F40 25207711401 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller Monroe County SiGNATORV (pRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION S1GNA TURE DEPARTMENT OF TRANSPORT ATIQN Ga Don. P,E. Director of Plannin TITLE TITLE ! ,~~,\\J , "JvY . ~ . / J'o .i FM#252077-1-14-01 Contract # C8F40 EXHIBIT HAt! PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit f()Dns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Df.,'Partment, 2798 Overseas Highway, Suite 410, Marathon. Florida. 33050-2227, dated PROJECT LOCATION : Monroe County, Florida PROJECT DESCRIPTION: Analysis for Bicycle Facilities on CR-905 (Card Sound Road) This contract provides 100% funding to Monroe County for Provides funding to Monroe County tor the purpose of analyzing and developing alternatives for bicycle facilities on CR~905 (Card Sound Road), This included workshops, environmental analysis and preliminary desit:,l1l. SCOPE OF SERVICES COST ESTIMATES FOR CR-905 AL TERNATIVES ANALYSIS Activities 1. Analysis of the Corridor. An inventory of the available right-of-way and an analysis of the environmental condition currently found along the proposed bicycle facility corridor will be conducted. fdentification of environmentally sensitive lands due to species habitat, conditions, etc. will be provided in the analysis, Other issues such as utilities. limited availability of right-of-way, other sal'ety concerns, etc. that could playa role in the pennitting and construction of any bicycle tacility will be included as part of the analysis. Includes public workshop. Deliverable: Technical Memo #1. 10 copies plus Compact disk with report in .pdf fonnat. 2, Development of Alternatives. Alternative design for potential bicycle facilities will be developed. The location (route), material type, permitting issues for construction, maintenance, safety, etc. will be detailed and <malyzt,.'<l. Design alternatives that have features to improve environmental conditions along the corridor will be considered. Typical sections for various alternatives will be developed. Includes public workshop. ($20,000) Deliverable: Technical Mt..'1no #2. 10 copies plus Compact disk with report in .pdf format. Drawings will be in 11" X 17" landscape format. 3. Analysis of Altematives. Analysis of alternatives will lead to the development of a decision matrix tor evaluating and ranking the alternatives. Issues that could be used for evaluation may include: environmental permitting issues, san~ty, cost for construction, maintenance, public support, secondary impacts, etc. The inclusion of particular issues in creating the decision matrix must be justified. Includes public workshop. - 1 - F M#2520 77-1-14-01 Contract # C8F40 Deliverable: Technical Memo #3. I () copies plus Compact disk with report in . pdt' format. Drawings will be in II" X 17" landscape format. 4. Final Report The tinal product will be provided in a report which will include a recommendation for a preferrL>d alternative. A summary of the environmental issues, environmental impacts, the estimated cost t(.}f implementation, material types, preferred alternative, operation/maintenance cost will be included as part of the final report. Deliverable: Final Report 10 full color copy 11 X 17 format. 1 Compact Disk (.pdfformat) of final report 5. Preliminary Design. After completion of public workshops and the selection ofa design alternative. Any remaining available funds will be used to begin the preliminary design ofthe selected alternative. Deli verable: Preliminary Design of selected alternative. - 2 - FM#252077-1.14.01 Contract # C8F40 EXHIBIT "B" ESTIMA TED ANNUAL PROJECT COST AND BUDGET This exhibit fotms an intcf:,'ral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department, 2798 Overseas Highwav, Suite 410. Marathon. Florida. 33050-2227, dated I. ESTIMATED PROJECT BUDGET: Analysis of the Corridor Development of Alternatives Analysis of Alternatives Final Report Preliminary Design -""~~-~-~~ "~- ESTIMATED TOTAL PROJECT COST: II. FUND PARTICIPATION: Maximum Federal Participation $10,000.00 $20,000.00 $20,000.00 $10,000.00 $15,000.00 $75,000.00 (0%) or $0,00 Public Agency Participation In~Kind Cash Other (0%) (0%) (0%) Maximwn Department Participation, Primary (D) (100% Federal Reimbursable (OU) (FRA) (OFT A) (0%) Local Reimbursable (DL) (0%) TOTAL PROJECT COST - 3 - SO.OO $0,00 SO.OO or $75,000.00 or SO.OO or $0.00 $75,000.00 FM#252077-1-14-01 Contract # C8F 40 EXHIBIT He" (GENERAL) This exhibit tonus an integral part ofthat certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Dl-1'artment, 2798 Overseas Hi~hway. Suite 410. Marathon, Florida. 33050~2227, dated INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Public Agency shaH: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify <md support the payment requested: and 2. Submit to the Department its quarterly invoice on torms 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. - 4 - The job FI989HLR; user LD. FI989HL <MV8@DOT> 05i09i2005 04;26 PM To PL630KJ@dot.state-fLus CC bCG Subject FUNDS APPROVAUREV1EWED FOR CONTRACT C8F40 ~c- ;-:..1 LF OF F:LGRI L")E2P-"..L~TtvlENT OF' TRl\NSf:eORT1\,rf I C!:~ fUNDS l\.i? PROVj;L Contract #-C8F40 Contract Tvee: CG Method of ?rocuremen't: ~ \!0~:r(jcr >~2~.rne ~ f>100iP.OE COUNTY FLANNl'.NG DE?T \f{~ndc::_~ >: ~ ~J ~ VF:'S96G 7490S<:i Beginni.ng date of ~his Agmt: 07/011 date of th,i Aqm't: 06/30 ****~k**~~~****~*~*******~***'~.*****~*****'k**~~***********k*k***.*~*~**~'* .t._1tprnar:i7(?S }::~r~a1ys.1.S for Bike Facilit5.e-s on CR-905 .Lon: *~****~'k*~~******~**~*******~***********-~~~*'**k**~'**~~**********~****~-*~ CE(;-CCDE "EO *OBcJECT *;\HOUNT * FIN PROc.TECT * Fe? +CFDi\ ( F IS Cl\L YEi\E) P'x'1EN[)roIENT 1D *BUDCE-T ENTITY *SEQ. *USER ASSIGNED :f"> ~. L/ -kC~;TE:(;'ORY /Ci\T YE;.P.J~. *ENC I~INE(6S}!S(1~ATUS *+~k~************k*kk******~***4~*********k*~'k~*k*k~~,*******~~~+*+***~** Action~ ORIGINAL Funds have been: APPROVED 55 0620 0630 *r~D ~'?30052 75000~OO *25207711401 · 62,S 200S 0001. '55100100 *00 * *088854 5 ';"0001/04 ---...------------.-------------------------------------------------------- TOTJ\L ~n,"};10UNT: :>10:$ 75fCOO~OO 1; -----------~~-------------'--------------------------------~-----~-------- fUNDS i\PPRC".Jt~D/RE\lIE~__JE~[) E~{)R HOBIN 0-1~ NAITO'\/E, CPfif C()~1PTgOl.>-_Lt:R DATE: 05/09/2005