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Item C12 BOARD OF (,(.),L,;N,ry commISSIONERS AGENDA ITUM, SUMMARY Meeting Dale Odober 16, 2013 Division: Pablic Wotks/Englneering BU'k 'tCR11 YC'S X No Department, En,,gineering Services Stztff Comact Person/Phcme (71arke X,4329 AGENDA Trim WORDING: Approval of Loc'L,,tI, Agency Prop-am (LAP) Agieement witli Florida Dej,)m1nient ot-f ransportafion, (FDOT) Lo provide fundIng for the Construction and Corts1ruction E',jighwuring ari,d Inspection (CIF1) I"hases kir the 'No N,ame Key Bridge. ('0904320), ITEM. BACKGROUND-. No Name Key Bridge is in need of repair. In 2,01 I the ROCC approved a Joint ParticipL,ftiozi A6=nient (JP,A'), with Mar for design wid construction funds. During desip, devc1opmel"11 dic Coils tructio n cost estimate increased, In 2012, FD,o,r removed the coustruction 1oil(6 from the IPA and, reprogam.med the increased an-iotiat as a conibinatiori cf,State and l-ederal Funds, The additilori of Federal Fundls necessitates a Local AgenQy Prograrn (L.A.P) funding agTeement in lieu ofa,1PA; .PREVIOUS RELEVAN"r DOCC ACTION. July 20, 2,011 proval by rcsolatiori of J'oiilt Participatiou Agreement (JP A) beta eev FDOT and the COUTity for funding to design and construct improvoments to the NoNamt Key Bridge, (Rcsolutiori No, 215-2011). March 21, 2012 - Aj,)Proval ofainendment #1 to JP A to, remove ffinding for cotistruction and CE1 phases which will be repL,.ic'e'd W1(jj federal funds under a L,,AP Agreeizient at as later datQ, April .18, 2012 Approval of amendn'kent 9,2 to JP A to reclaace. fundi-ng f-br design and pernlAting sd-.vices- CONI"'R,,NC'1'1',AG�R,EEMENI' Cl�IANGri,,S.': N/A S Irm E "OM M END ATIONS: Approval as stated above. "I"O"I"AL COST:, SL6,1716 INDIREcrcosi.,: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PRU"'RENCV- COST TO C01WIFY: S,1 046 500 SOURCE OF FVNI)S: FDOT & Local REVENUE PROOLTUNG. Yes — NO X ANTOUNT PER MON'T H Yeat- t�;t A PPROV ED BY: COLluty, At OMBAlm hasing--- Risk Management DOCUM ENTATION- Included x Not Required.................... D[SPOS Fr. ON: ... .............—---------------------- AGENDA 1TEM ,4-."-- Ro,�,,ised '7*1) MONROE, COUNTY BOARD OF" COLTN"I'Y COMMISSIONERS COiNTIRACTSUMMA,RY Contract widt FDOT Contract ff Effcctive Date: ............................................................................................................. GwAract Local v Agr �ii,t-w i th F'Iofid,a Dqartmep t y f T r r a mon toj), vide $5,290,001) 1ai.nd�i.:n&l yC 2n,sti-uction and Cop eta uctionE Ip i spect, on El), S,crviccso:f,Tpairs tau,,. o Nbarn e K��BaJ l X 04320 ........... .......----------- ......................................................_.................. ............................................................................ Contrav Manager. .....Jud C-lake 4329 E n,j�lecrijl 1/1#1, . ,..........x.......... __.p2 (N arne) (Ex L) (Department/Stop 4) Lfor T3"Occ 1-net2"19 21" 10/16/2013 Agciida Dcudfir�v 10/l/2013 CONTRAC"I"eOS'l"'S rotal Dollar'Value of Omtract, 6,336,500 Curretit Yeu Portion: $ 5,3715649, Budgeted? YesM No El Accoum., Cocle's-, Granf.� S 5.2290,0010, ADDITIONAL COSTS Estiniated Ongoing Cwsts: Fa r �Nclf filctuded 6i doHar vable above) (eg inaintenatice,utilifies�Lla nitorid, �,,akmes, e1c, CONTRACT REVIEW Clianges Date Out Dat�e In Nec I Rev'c 0. o 9 Divisifmi D,irCCtOT Y x%C11, j Risk: Marlagem,ent -yes[] xCE]", ............ ...................................................... OALm/pt.umam}at� lma Is x E Nc -1..................................— _7o, OYesQ Cotaity Attorney ejf'��&IL3 YesF—1 N'oN .............. ............_............. 1NIB Faai�i,Re v se V270 1 NICT,4:2 J51DEFARTMEWN T OF MANSPORT+'TION s?�-rmaV 4 LOCAL PROGRAM AGREEMENT' I'�cuw p��or��joc� 0T, p gd I FPN: 4301 1-1 &430121- , Fund: FLAIR A,ppnrop; Feder l No .,� rq Code: FL,AIR Clbj: FRN: . mm,,,,.,,,,, Fund!: FL AI R Approp, Federal, No, Org Code: FLAIR Obj: FPN: Fund,, .. FLAIR Approp!: Federal No: , frrg Code: _ FLA11 R 0bj: FPN ...... _,... Fund: FL n R Approp, Federal o: Orrg Conde: FLXlR Obj, County No'. Contract No. Vendor No, 69600074914 Data U nNersal Number wystermn,if Ll ) No: 86- 9-71 fd2 Local Agency DUNS No: 7 Catalog of Federal Domestic assistance(CFDA): tlighway planning anad onstru Qtion THIS AGREEMENT, made and enterect rnto this clay of by ard between the STATE OF FLORIDA P a TM5L T OF TRANSRORTATD mhl, an agency of the State of Florida, hereinafter called the Department, and I I mNROE COUNTY hereinafter called theagency, I T N E5 S FTN`l:' WHEREAS, the agency has the authority to enter into this Agreement and to,undertake the project hereinafter described, and the Department has been,granted the anuthodty to function adequately in all areas of appropriate jurusdN tic,rm including the implermenfafion of an integrated and balanced trarnsportafion system and is authorized under Section 33 .1 , Horida Statutes, ro enter into this Agreement, NOW THEREFORE, in Consideration of the mutual covenants, prom ses and, representatio,rns herein,the parf.les agree as follows: 1.00 Purpose of reernent, The purpose of this Agreement is to provide for the Department's participation in, the C NAME KEY BRIDGE IEP IR PROJI T andl es further described in Fxhiibit ,"a„ ,attached hereto, and by this reference made a pert hereof, hereinafter celled the *project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which snrrh assistance will be provided and the' unnrdei tand°nngs as to the manner in which the project will he undeufaken: and completed 1.01 Attachments: xhlibit(s) 613 are attached and made a part' hereof .01 General Requirements: The agency shall complete the project as, described in Exhibit "A"' with all pracfical dispatch, is a sound, economical, and efficient manner, and in a Qrdance with the provWons herehn, and all applicable, laws The projeo will be pnerfarmed in accordance with all appliraba e Dapartment procedures, g0defines, manuals, standards, and dire'Ictiives as descdbedi in the Department's Local gency Program Manual, which by this reference is made a part hereof as of fully set forth herein,. Time is of the essence as to each and every olbfi ation under this Agreement, full tlrne employee of the agency, qualified to ensure that the work being pursued ns complete, accurate. and no nsisterft Min the terms, conditions, and specftafiorns of this a:greennt,ent shaH be in charge of each project, Inactivity and Removal of Any Llinbilded Funds, Once the Department issues a Notice to Proceed (lwllTP) for the Project, the Agency shalll be ob4gatad to submit an inv6ce or other request for reiimbursennent to the Department for all work complieted for the project no (less frequently than on a quarterly basis, beginning from time day the NTP is issued. If the Agency fails to submit quarterly (or .more frequently than quarterly) invoices to, the Department as requuured heroin and in the event said faidure to timely suabrnit invoices to the Department results in FHWA ;rerrno inq any unbulled funding, or in the doss of 'State appropdatlon authority (which may include the loss, of state and Federal funds, if there are state funds programmed to the Project), t,nen the Agency will be solely responsilcte to provide all funds necessary to complete the project and the Department wwiilp not be omblpgated to provide any additional funding for the Project, The Agency waives time right to co,nitest such removal of funds by the Department, if the rernovall is related to Ht a's withdrawaN of funds or if the rermuovall has related i to the lass, of State appropriation authority. In addition to the loss of' funding for the Project, the Department will also consider the de� certification of the Age,nicy for future IMF projects, SIME(-)1FrLf.)KWA,DEF"ARTMEW OF'11"A04SPORIMION t?5-0*40 P13r."ADUCTON 5"Jil"KAWT LOCAL AGENCY PROG,RAMAGREEMENT CGO, urQ 1%p,2 Removal of All Fund's If ail funds, are removed, frorr the, project, iirucluuuding, alf"OUntS fnu vrouusly belied to the Department and reirnbursed to die Agency, ailid, the project is off the state Nghway syglern, th,eri the, department wilt have In request repaynient for 11e previously bill,ed aniounts fromthe Local Agency, No state funds earn lie usEd on off--syMCM projects_, 2.02 Expiration of Agreement: The Aqen,oy agrees I complete the project on or before Junq If tl-ie Agency does not complete: the project within this time period, this Agreemenit wid expire can the ia' ,sl: day of the schedUed cornpletion as provided iri this paragraph uniless an extension of the, firne period is requested, by the:Agency and granted in writing by fli,e Departinent prior to the expiration of this Agreement, Explirallon of this Agreement Ml be considered tierminaticin of tine project. The cost of any, work perforrried after the expiration date of this Agreement wN nat Ihe, reiiirribursed by tIhe Departirtent, 2.03 Pu,r5uant to, Federal, State, and Local Laws: In the event that any electiini referenduni, approval, permit, nol"ce or other proceedinig or authicirization is requisite under applicable law to,enable, the Agency to, entV into thin Agreemen.roar tQ Undertake the project hereunder or to observe, assiurne air carry oi.rt any of the provisions of the Agreement, the Agency will inifiate and consummate, as, provided by (law, ailt actions necessary with respect to any such matters so requisite. 2.04 Agency, Funds,: The Agency shall inifiate and prosecute to complefialin all proceedings necessary including federal4d requirenients, to enable the Agency to provide the necessary funds for coirnpl'efioirl Of the projeoi. 2.05 Submission of Proccedings, Contracts, antl Other Documents: The Agency shafl submit to the Department s s uch data, reports, records, contracts, and other documents relating to the project as, the Department and 0'ie Federal Highway Administration (F-HWA) may require, The Agency,shall use the Department's, Local Agerray Prograrn, Information, "T'ool and applicable information systerns as requiired, 3.00 Project Crust: 101' Total Cost: The to cosl of the project is S QQ, This arnount is basal upon the sidledule of funding in ExhJ-)J1 "B.'" The Agency agrees to, bear all expenses in excess of the total cost Df the project and any deficits invoIved. The schedule of, funding may be naodified by mutu46'agireernent as, provided for in paragrapin 4.011), 3.02 Department Partcipafiorr, The Departnienk agrees to participate in the project cost to the eKlient provided in Exhibit "'B," This arriount inckides federal-aid funds which are, diu0ed to the acwal arnount of federal-aid participation, 3,03 Limits on Departmen't Fuinids: Project costs ekigilblefear Department participation M11 be nlilowed only from the dale of this Agreement, It is understood that DepartirneIrIt participalliion in elligible 1p,oject costs is subject to„ @,) l..,egisWJve approval of the Deparlarienit's appropriabon, request iuu the work program yerar that the, project is schedulud lo be corurnitted, b), Availability of funds as stated in paragraphs 3.04 and 3.051 of this, Agreernenti c), Approval of all rflans, gpecifirntions, contracts or other obligatinig doicunienits and all ott-iier terms of this Agreeii and d) Department appr,oval of the project scope"arid budget at the lime appropriation authority,becornes available, 3.04 Appropriation of Funds: The Department's performance and obligalion to pay under thisAgreenrient is contingent upon On oinnuat appropriation by the Liagl�slature. If the Diepartment's fi,inding for this project Is in, multipie fiscal years, funds approval from the Department's Gomptroller tnust be received eacl-i fiscal year prior to costs being incurred. See ExhitA, "B" fOr ftindfirig levels by fiscal year. Project costs afiliziing threw fiscal year funds are not eligible 'for reirnbUirsernent if incurred prior toa funds aplprovai being received. The Department MH notify the Agency, in writiing., Mien 'funds,are available. 3.05 Mullfi-Year CommitmeniC In the event this Agreement us in excess" of $25,000 and ["iiasa term for a, period of rnore than one year., thie provisions of Section 339-135(15)(a), Horida Statutes, are hereby lncorporate& SIAYF(0 11,0AIDA DEPAKINViNI U( I kL4NSF()RffJl0r4 5 21n,J I U 40 11kil C 11 KDRSUPPORT LOCAL., AGENCY PROGRAM. AGREEMENT OGG_IN12 N�C,l ",(a) The Departnient, duhng any fiscal year, shall not expend moi rey, incur any flaWlity, or, enter into Any contract wfi&, by its terms, involves the expenditure of rnonny in excess of the amounts budgeted as available for expenditure durlag such fisraii year, Any contract, verbal orwdttenl mode M violcitill of this SUllbseclion is nult and valid, and no ncioney may be paild or such coinlract. The Departnrienl shall require a statian'ienit from the cowpir0er of the r)epartmenJ that funds are ayallable pihor to enterk-iq iumto army �krh contract or other binding corrimitraeIr-rot of funds. NothilrIg herein contained shalli prevent the making of' contracts for periods exceeding I year-, bot any contiract so maide shall be executory onlly for the value of the services to be rendered or agreed to be paid for irm tsuu(;uedinq fiscal yealirs" and this Paragraph shrill be incorporoted verbatim in all contracts of ffie Department which are for an arnmint in excess, of$25,01001 and which have a terinfor a period of rnlore than 'I year," 3.06 Notice-to-Proceed: No cost may, be irICUrred under dills Agreement until the Agency hias received a written l to-Proceed (NTP),from, the Department. Tl,ie Aqency agrees to adveirl or put the project out to bid thirty (30) days from the date the Department issoesl the NTP to advertise the project. If the Agency is not able to, meet The sclhedUed adve6serrient, the District LAP AdmiINstrator shotdid, be notified as,5corr a,-, passible, 3,07 Limits on Federarl ParticipatJow Fedierall-aid funds, shall not participate iiri any cost Milich, is not incurred in conformity with applicable Federal and State taws, the re9tilations in, 23 Code of Federal Regulations (C,F,rR) and 49 C.F.R., and, polides and procedures prescribed by the Oivlislon Adrflinlstr®r tor of FHWA, Federal funds shall not be paid on account of any cost incurred prior- to authorization by the FHWA to the Departnient, to Iproceed with the prolIect or part thereof involving such cost (23 ,F.R, 1.19, (a)). If FHWA or the Departnient detorrnines that any 84110LUA claimed is not eligi011le, federal partidpaOon may be approved in the 9mourg determined to be adequatli supported and the Uepartment sl"iall notify rhie Agency in writilrIg Cifing the reasons why items and arnounts are not eligible for federal participation, Where correotabfe non-com pHance with provisions, of law or FHWA requirements exlsts, Federal funds may be withheld ur-itil compliance is obtained, Where non-oornpliance is not correctabie, FHWA or the Departryient may deny pawticipatiDn pn parcel or project costs, in part or in total. For any aimounts determined to be, ineligible for federal reirnburseinent for which the Deparitment has advanced payment, the Agency shaIll promptly reiryliburse the Deparlirnlent for all .&UCh arnOtAF148 Within 9D diaYS Of WrMen notice, 4.00 Project Estimate and Disbursement Sched�ulle: Prior to the execution of this Agreernent, a project schedulle of fun,ding shgilll be prepared by the Agency and approvied by tlqe DeparlIrnerrill, The Agency shafl maintain said schedWe Of funding, carry OLQ the project, and shall incur obligations, against and niake clsbL1rqe"1entS of projQo funds only in conformity with the latest approved srhedule of Viding filor the project. The schedul of funding may be revised lby rmjtual written agreleoieni between the Deporiment and the Agency. If revised, a copy of the revision, shouW be, forwarded to the Department's Comptrofler and, to the DepartmerrIll's Federal4d Program Office. No increase or decrease, shall be efl`00VO WIleSS It, CoMplie$ With frond 1participatilon requirenients, ofth�s Agreement and is approved by the Deplartmerl's Corriptrolier, 5l,00, Records: 5.011 Establishment and Maintenance of Accounting Records- Reoords of costs incurred under the terri'm of tHs Agreement shall be ,,maintained and made available upon request to the Department 21 aH firries duiring the period of til Agreement and for 5 years after the fir-1 payrilent i5 iYmmadie. Clopies or these dock)ments and records slhafl be furin,lshed to the Delpartment (ripen reqRJesL Records of icosts incurred include the Agency's general accounting records and the project records, together with supporting docunients and record's of the Agency erd afl subcantractors perfon-ping work an the prol aind all other records of the Agency and Subcontractors considered necessary by the Departmicrit fora proper Aodit of uosts, If any litigation, cla4n or auMl. is startled before (tie expiration of the 5-year period, throe rear orc,Js SjriaH be, retained unfill oil, Rigatilon, claims or audit.findings lnvolvpng the records have been reso,Ned' 5.02 Coasts Incurred! for Prol The Agency shall charge to the project account all ehgiWe costs of the project except costs algreed to ble borne by the Agency or its conlractors and subcontractors. Costs in excess of the programmed funding or atifibutabIle to actions which have rint reoeiiVind the required approval of the Dapartment shMll not be considered e,Vlqible costs, 5l.03 Documentafirl Project Ciosts. Ali costs charged to the project, including any approved services contributed by the Agency or others, slinall tine supported by properly, executed payrolls, ilme records, invoices, colintracts or vouchers evidjen6nig: in proper detail the natUre and proprielty of the,charges. STAT I.or UU 11044NUIR1 A HUN 5.115 AM 1d 40 LOCAL, AGENCY PROGRAM AGREEMENT 5.04 Au dilt Reports: Recipients of federal and state fuods are to havo auc* do no onnualky,nising the f6lowing criteria: The adminisitrallon,of resources awarded by the Department to the Agency rray be subifect to auidilts and/wlno"Auritrg by the Department, as described in this section. Monitoring: In additJon to :revieas of audits Wrid''L110(ed ai accurdarlice with OMB Circiiilar A-133 and Sectioun 215.97, Florida Statutes, as revised (tee "Audits" below), monitoring procedures may include, bul not be limited to, on-site visits by Depairti-rent staff, hrrifted scope audits as dt4iied by OMB Circular A-133, as revised, andfor other procedures l3y entening inlo thiis Agreiramerit, the recipient agrees to comply and cooperate fuilly wkh any rrioniito6ng procedures/processes deerned appropriate by the Depariment. in, the event the Department deterniiines, that a lhn4ed scope auidit of the redpient is appropriate, the recipIenit -agrees to corirphy will! any additional instructions provided by tyre Department staff to, the Agency regarding such aud1t. The Agency further agrees, to eorniply and cooperate witl,-i any inspections, reviews, invesfigiations of audits deemed necessary by the Department's Office or inspector General (010), and the Chi Financial Officer(CFO) or Auditor General. Audits Part I - Federally Funded: Redpients of federal funds (i.Q., state, Wv�al qovQfinF11Qnt or non piroi urgunizations ,,Is defined in OMB CirCiLliar A-1 33, as revised) are to have audits dorj,e annually using the foHowing crlteria� ji nn the ew.,nt that the recipient expends $5,00,000 or more in federal awards in its fiscal year, the recipient rinust, have, a single or prograrn-spe6ftic audit conducted In accordance Wfrh the ,provisions of OMB Circular A-133, as revised,. Exhibit '11" of this Agreeii indicates federal resources awarded through the Departnient by Viiis Aqreeiment� tri determlr6ng the federal awards expended in its fiscal year, the recipient sha0 consider aV soi g of federal awards, including federal resources reoelved from the Department. Thie, determinAbon of aniounts 01" federal awards expended should be in accordance with 1-ie 90delines established by 0MB CiroWar A-133, as revised. An audit of the recipient coindluGted by the uNor General in accordance with ffie provisions ONIIF3 Corcular A-1 33, as revised, will I n,)eet the requirernerils of this part, 2- In connection wft,li the audit requ rame nits addressed, in Part I, ponagraph 1 the recipient ,,hall futfill the reqUirements relative to,auditee responsibihiJes as provided in Subpart C of OMB Circiular A-133, as revised. 13, If the recipient expends, less than $500,00,10, in federal awards m its fseal year, an audit cond=ted in accordance with the provisions, of MB Ciircular A-133, as rovi.sed, is not fr14,(jUired, Huvveyer, if Me reckpierAelects to Kaye an aLP0 coriducted in accordance with the proviisiorts of OMB Circullar A-1 33, as revised, dine cost of the audit must bu paid from rron-Ceder a1i resources (!,,e,, the cost of such an audit must be, paH from recipient resmirces obtained from othov than federol (-,,ritifies . 4 Feder awards are to be identified using the Catalop of FederM Domestic Assistance (CFDA) fifle aod nurnber, award number area year, and narne of the an ardiing federal agency. Part 11 - but-ate, Functed: Raciplents. of :state, funds (i.e , i non-state entity as defined by Section 216,97(2) (1), Florida Statutes) are to have auffits dorie annuaHy usirig the folilf)wing criteria,: 1 in the event that the recipient expeirlds q total amount of state financiall asq,J.qlaii eqtjW to or in excess of $500,G0,0 in army fiscW year Of SUch recipient, the re6pient mast h we a slate 54i,qle or project-5pecific audit for sucfij fiscal year in accordoii with Section 215,97, Florida Statuites, applicaUe rules of the Execubve Office of the Governor and the CFO, and Chapters 10,550 (local gio,vernrnentall entities) or 10,1650 (nonprofit and for-prafft organizations), RWes of the Audftor General. Exhibit I" to thns Ac greerneM indicates, stall e financial assistance awarded through the Department by thuds Agreement. In determining the state finariciM assistance expanded pun its flsicM year,, the reclp ent sfiafl consider all sourms of state financial aissistance, iincludiing state financial assistaRcie received fromi the Department, other, state agencles, and other norm-state entdies. State fioanciat assistance doer; riot iflClUde federal dlirect or pass-through, awards and resources received by a rion-staile entity for federal program matching requirernents. 2, In ccxinect'ion w4h the audit reqtdrenyieriits addressed in Part 11, paragiraph 1, the reciiplent shall ensure that the, ciu,61 comp 11es with the, requirernents, of Section 215.9711 Florida Statutes, This, inclludies, SUbmission, of a finand'all reporknig package, as defined by Section 215,97(2) (d), FloridaSt8tUteS, WId Chapters 10.550, (local governmental entities')or 10,650 (noi and fc)r-profit organizations), Rules of theAw.111or General. SFMEOr WN-SPORWILIN 5254Y*1r,' F RO rA PC,'I"K�NO SIL If,R),RT L OCAL AGENCY PRO G RAM AGREEMENT CIC IW%l R'llyat, 13, If the recipient expends less than $5,00,000 in state firnaruuu all assu t nnr e in its, fis(".Al year, an "'JUdit conductec in ancordance with the provisions of Section 215.97, Forida Statutes, is nal required. IHowever, ff tfie redpient elects to have audft conductecJ in accordance, with the provisiors rat Section 2161,97:, Radda Stalutes, U,ile w,,A of tale audit t)ALIGI be paid,frorn the non-state entity's resources (Le.., the COSt Of such Hrl &Wdit must be paid, from rhe ro6pient'5 resources obtaned from oWer than State enfitueq), 4. State awards are to be, 0enUfjt!d using Uie CaWogi of State Fln,anciat A5sus(ance (CSFA)title and number, award number and year, and narne of the,state agency awarding rt. Part III - Other Audit RequlrernenM The reeipi�ent shaH fallow Lip, aid take 0OF'reC4Ve 8,00011 Of') audit findings, Preparation of a Summary Schedule of Prior Year Audit Fiindings,, iixliudir corrective Aotinn and eurrpnt status of Ihe audit findings is requir(ad. Curren�, year audit,findings, reqOre corrective acficmi and status, of fin(fings. Records related to unresolved audit findings, appeals or iftigation shall be retained urrW the action is cornpleted or the dispute is resolved. Access, to project records and audit work ,vapors shafl be given to the Department, tho Departmemlof FinanrJalt Services, and the Auditor General, ThN section does not Hrnit tine authority of the Department to conduct or arr,inge for the conduct of addffioinalI auchts or evaWations of state firianciat assistance or 1j"A the authur!Jy of any uthior state official. Part IV - Report Submissiaii., 1 Copies of financial reporting packages, for aud1s conducted jr) accordance %fith OUB Circular A-1 , as revised, and required by Part I Of this Agreement sha1I be submitted, when required by Section .320 (d), 101019, Circular A- 133, as revised, by or on behaff of the reciplent directly to each,of the follow trip: a) The Department at eaach of the foll1lowing address(ps): LAP Admnistrator Vicki, Gatanis FDOT 0istrict 6 1000 NW 1112th Avenue Suke 61,12-A WarnG, Honda 33,172 b) The Federal Audit 0earingl1OUSe designated in OMB Drcul@r A-1 33, as revised (the rumber of copes required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at tfie following address: Federal Audft 0earinghouse, Stwealu of the Census 1201 East 'I Oi"Street Jeffersonville, IN 47132 c) Other federal agencies and pass,-throe ih entities in accurdance, w4h SectIons .320, (G-) Lind (f), OMB Circular A 33, as revised. 2, hi, the event that a ropy of the financial reporfing, package required by Part I of thous, Agreement and conducted n11 accordance *th CM B DrCUI[ar A-133, as, re0sed, is not required to, be submitted to the Department for reascns purs+j;ant to, Section .320 (e)(2), OMB Circular A-133, as reWsed, the recipient shall slubmA the required written notification PUrSUant to Section .320 (e)(2) and;, a copy, of the redpient's audited Schedule of Expenditures of Feder,W Awards 6rectlyto each of the foljawitjq: LAP Adrn nu �strnlof McM Gatan'is FT ()rstrict IF) 10100 N VV 11 1 I a Aven u e StAfte 6112-A Miami, Fiori,da 3,3172 31 A I I OF 1-1 UFMA�XPARJNii 131r MANSPOr,0 A I I Up n25-00-10 LOCAL PRODIA"JON 6UPKRI AGENCY PROGRAM AGREEMENT In addition, pursuan't to Secfion, 320 (f), OMB Circular A 133, as revised, the recipiient shafl st,ibrriit a copy of fl-iie financial reporting package described in Section .320, (c), OMB Cnrctflar A-1 33, at, revised,, and zi,riy Managernient Letters issued by the audi�tor, to the Department at:each of the fdlow0igi addresses: LAP Adm,inhslratnr Vicki Gatanis FOOT District 6 1000 NW 112th Avenue Suite 61112-A Miami, Florida 331,72 1 Copies of the Financial reporting package reqUired by Part 11 of this Agreement shinfi he qijbmittod by or an behalf of the reicipuent dLlrg�.tly to each of the foillowingr a) The IDepa,artnient at each of the followftig addiress(es): L.AP Adrninistrator Vick atanils FDo"r' District 6, 1000 N'W 1 121h Avenue Suite 6112 IT,A, MOrni, Ho0da 33172 b) The Audftor G enera I's Office at tha foflowirv. address! Audiitor General's Office Roorn 4011. Pepper Building 111 West Madison Street Taflahassee, Fliodda 32399-1450, 4. Copies of reports, or 'the, Managenient L.eUer required by, Part IH of tl,iis Agreement shall be submitted by or ori behalf of the re6pfent d­lregt to:Y a) 'rhe Department at each of the following addross( s;)-. LAP Adrnin strator V�cki Gatanis FOOT Dj5tricL 6 1000 NW I 12th Avenue Sude 151 12-A. Mlairfli, Florida 33172 5. Any reports, Managernert 1-attars, or either information reqU�TiOd to be gohmitted to the Department pi.irsuant 'lo, this Agreement: shall be submitted in a Viniely manner in accordance,with 0M B CrrCLJlar A-1 33, Lis revised, Fforida St@Urltes, and Chapters 'i(J.550 (ocal overnmental en0tiius), or X U50 (nonprofit and for-profit crganizabam;), IRWe,,5 of the Auddor General, as apphicable. 61 Hedpien(si when submitting financial reporting packages, to the Department for audits; done In accordance with OMB Clrwlar A-133, as evised, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indi,cate the data tl°iat tho finandal reporting package was defivered to V,ie re6plent in correspondence acxompanyinp the financial reporfing package, Part V - Record Retention, Tho rer,#ent shatl retain SuJfficient records, demonstraOng its, cornplianoe with Vie terms of tN5 Agreement for a period of at least 5 years from the date tho atidit report ts issued orid ishafi alto w Lh,u DoportmQxit or Js desi gnine, the state CFO or AurWor General access, to such records Upon request. 'The recipenit sball ensure that [he independent audit dowwentation rs made avaHable to the Department, or U dusuginee, the slate,CFO or AL)(Ror Generat upon request for a period of at least 5 years from the data 11he audit rep& is issued, uniless extended in writing by than Delpartment. S I ATV'°J'W 14(04,A DM1AA1rivFNT OF 7RA41JSP0JIX1N)N b: 1),u I u,;,(") 11A6MiJ1C,'I ION SUP�,)Rf LOCAL AGENCY PROGRAWAGIREEMENT �Yi(,-INV Pope 7' 5.0�5 InspecUon: The Agency shall pernilt, and shall reqWre i1s, contractors to pernflit, the IDe pail ni ent's autl torized representatives, and authorized agents of FHWA to inspect all work, workmanship, i-naterials, payrolls, and records and to aUdit the books, records, and accounts pertaining to the financing aind develop ment of the project. Tl"ie Depw"trner"it reserves the nght m-undaterall'y caincol 0is, Agreement for refus-al by the Agenoy or any contractor", sub- contractor or materlials vendor to allow public acrap to all docurnents, papers, letters or other malenal subject to th(a provisions of Chapter 119, Florida Stz)tules, and made or, received 0 conjunction with this Agree rt-,eint (Section, 287�0581,1)1 (c), Fllorlda Statutes),. 5.06 Unfformi Relocation Assistance and Real Property Statistical Report: For any project requiring additiorial dglit-, of-way, the Agency must submit to the Department an annuai report of its real properly acquisition and relocation assistance actilvifies on [hie project. Activities, shall be reported on a federal fiscal year basis, grams October 1 through Septen*iber 30, The repart must be prepared using the format prescribed in 49 C.F,R. Part 24, Appendix B, and be SUbrriltled to the Department no later than October 15 of each year. 6,.00 Requisitions and Payments: Requests for reirnhursement for fees or other coropen5abon for services or expenses Incurred shilt be subaiftled in detail SUffibent for a proper pre-alUdit and POSI.-ClUdd thercof (Section 267.058(l)(a), IFlloarida, statutes). All reciprents of funds from this Agreerrient, inCkiding thosle contracted Iby the Agency, must submit Nis for any travel OXPEwscs, when, authorized by the lermis, of this AgremQii-nent, in, accordance with SeQtJon 112,061, Florida Statotes, and Chapter 3--Travert of the Department's Disbursement Operations Manual, Topic 3501-030-4,00 (Section 287,0,58(1)(b), Florklia Stal.uteslt, 11, after project couipteflon, any claini is made by the Department resulting from, an audit or for work or services, performed pursuant to this Agreement, the Cepartn"ient may offset such am otint from payments due for work or services done Under any agreement whict"i lit has with the Agency owing such amount if, upon dernand, payment of the annount is not made within 60 days to the Deparl(ment Offsetfirig any arnount purst,Aant to fts, paragraph shall not be consWered a breach of contract by the Department. 7.00 Department Obligations, Subject to other provi5lions hereof, the Departnilent wM honcr requests for raimburserrient to thie Agency in carriounts and at firnes cfeetned by the Department to be proper to ensure the carrymg out of the pro ect and payment of the eligible costs. However, nq,twithstanOng any olhier provision of this Agreement, the Dielpartrnent may elect by notice in writing not to n,iake a payment If" 7.01 Misrepresentation; The Agency strall have made misirepire5,errtal'Jon of a material na(ure in its applicadon, or arty, supplernerfl thereto or arriendmiert thereof or ini or with respect to any document of data furnished therewitl-i or pursuant heretoll 7.02 Litigation: Fhere is then pending i'lifigatilon Mth respect to, the performance by thie Agermy of any of its duct es or obligations which may jeopardize or,adversely affect the project, the Agreernent or papinents to ft project; 1.013 Approval by Department. The, Agency shall have taken any action( perlalinir)g to the project which�, under this Agreement, requirers, 0-* approw-0 of the Department or has made related expenditure or iricurred reiated obligatioI18 without halving been advised by the Departrnent that same are approved.p 7,04 Confliict of Interests- Ttiere has been any vii1olation, of the conflict of interest prowsions contained here in paragraph 1Z07, 7,05 Default: The Agency has been determine d by the Departinent to be ir delauilt under arty of [lie proviskins of the Agree ment. 7.06 Fedlerall Participatlow Thee Dep-,irtmPnt rrtny s,uspend or terrrMM8 paymentfoir that portion of the project wNch ffie FHWA, or thp Departinent actlIng lii lieu of FHWA, niay designate as inefigible for federal-aid, 7.107 Disallowed Costs: In detenrtin rapt Ifle aMo,orl't of the payirnent, the Department wdl exch.ide, all prqjects costs iricurred by the Agency prior to the effective date of this Algreernent or the date of authon7aflon, costs incurred after the expkafion of the Agreement, costs which, are not provided for in the lWes,t approved schedule of funding in Exhiilbil "B" for the, piroject, costs agreed to be borrie by the Agency or sits, contractors and subcontractors for not meeting the project S I ATE OF FL,OMEA DEPARrMEN-1 CF TF4,%NSPGR"A nor� 6,26 0113,415 LOCAL N ROGRA 1PRIOINJUTION SUPMRT AGECY PMAGR E EMENT 00411 1W2 pmge,k cornmencement and final irnvoice time Hnes, and costs attributaible to goods or services received under a contracl or other arrangemerts which have not been approved, un, writing by the Department, 7,08 Final Invoices: The Agency,rnust submft the finall invoice on the project to the Daparinlient within 120 days after the completion of 11"ie project, Invoices subn-6[led after the 120-day firrip period may not he paid, 8.00 TermInation,or Suspension of ProjocU 8,01 Terrininatilon or Suspensionj Generally: The Department 1-11ay, by wn(ton riutiice toj the Agericy, suispend any uralll of 'its obfigation's under this Agreement until such time as the event or condition resulting in such susperrsion has ceased or been corrected or the Department may terniiiiate this Agreernient in whoie or in part at any, time the interest of the Department requires such terrninalion,, (a) If the Department determines lhal the performance of the Agency is not satisfactory, the Dep-artnient 51,41 ootffy the Agency of tt,ie deficiency in wri,hng with a require,mjenit that the cfeficiency be corrected within thirty I30) days of such notice. Such,notice shall proviide reasonable specificity to the AgencV of the deficiency that requires correchon, ff the defil6ency,is not corrected within such Orne period, the Department may Oher(1) in,iunefJ�iate y,terr�iiiAa,te the Agreeivent as set forth in paragraph 8.(b), beinw, cur (2)take whatever action is deemoid ipprolnrjate by ttie Department to correct the defiblency. In the event the Department chooses to take action and not terminate the Agrelerrient, the Agency shall, Upon demand, prorriptly reinnbUrs,e the Department for any and all costs and expenses incurred by tine Department, in correcting the deficiency,. (b) If the Departinont terii-Onalt,,s the Agreement, tfile [)(,,,.pad;r11eir1t Sli-I'aIll r1otif y, tine Agency Of S,ILJch tern-iiination in wriUrag, with instructions to the effccfive date, of terimin0ion or specify the stage of work at, which the Agreernerit is 10 be terminated. ((.,) if Ifie Agi,eerrient is termlinated before Ow projiect as coniplleted,, the Agency shall be paid only fear the percentage of the projucl jafisfautorlly performed for which costs can be substantiated. Such payment, however, Shall not exceed the equivWenl: percentage of the contract pruce. Ail work in progress wlIl become the prciperty of the Oapartmpnt and w1fl be torniedover promptly by the Agency, 8.02 Action Subsequent to Nottoo-of-Term I nation or Suspeng,lo,W Upon reoeJot of any final termination or notice under this ozaragraph, the, Agency shall proceed promptly to carry OLA the actions required therain which may include any or al't of lhefolilow nq (a'i neces.sary action to,terminate or suspend, as the case may be, project ac(Mltes and contracts and such other action as may be required or deslirablo to keep to a mOilmURI the costs upon the basis, of which 011ED, financing is to be cornputed„ (b) furnish a sla(eirrerrf of the project activilies and contracts and other undertakings, the cost of which are otherwise in&idable as project co Ms. The termination or suspension O)alf be carried out in conformity wath th,e latest schedWe, pla,r), and cost as approved by the Department or' upon the basis of tern-is and conditions fi,,T,ipos,ed by the Department uPOF1 the fatlUre of the Agency to furnish ffi,e schectute, plan, and estimate wtthin a reasonal4e firre The closing out oaf' federal iingariQlall parfidipation in the projeQt shall riot consfittile a waiver of any cWrn which the Uiepartmerit irrta,y Wherwirse have arising out of this Agreement, 9.00 Contracts of Agenay:� 9.01 Third Party Agreements: Except as otherwi'se nulho6zed in writing by the Deparrinent, the Agency shah not execute anycontract or obligate itselfiri any manner requiring the dlsbun erneni of' Deparilrocirif ftjrids 1(j,(aiF7;p, r ounsuWt-urnrt or construction rentiracts or amendments theirela, with any third party wOh, respect to the project wftihoul the wrAten ipprova� of the Department. Failture to ob ain such approv,W shall he sufficient cause for nonpayment by the Department, The: Department specifically reserves unto itself [he 69lrrt to review t[fe qo- s of any consiJnt ita oF cuntracto a r nd to , approve or disa p p rove f he em,p I oyrn e n t of the s a rri e, 9.02 Gornpillance with Consultants' Competitive Negotiation Act: It is iriderstood acid agreed by the parties tiereto thiat participation by the Department in a project with the Agency:, where sand pirnj�act involves, a consultant contract for engineering, architecture or surveying services, ls cord(ingent an the Agency's cornp,lying in full] with prWsbns of SexWn 287.1055, Florida Statutes, ConsullairAs' Compefifivp Negotiation Act, At the discrefOni of the Department, the Agency Will involve tI ie CepArtarient in the con5ullant s,electOn, process for alit projects, In all cases, the Agency's attorney shall certify to the Deeparlrncmt that s6oction has been oucurnphshud in cornpliance with [be Cori suftant-.,' Competitive Nvqctiation kt, S�A TE OF 19,CMM DENKPME HT(W TPANSPORI'A TI(,4� 525 1 CIIIIIIII) NOX)LIC'I V)N LOCAL AGENCY PROGRAM AGREEMENT 10.00 DisadvaFitaged Puniness Eiriterp0se (DUE) Policy and Obiligation: R is 11he pulicy of the Departrrienithal DBE's„ as defined in 49 C,F.R. Part 26, as—arnended, shall have the opportunity to, participate n the performance of contracts finariced in ovbde or in part with Deparinient funds under fts Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement, The Agency and its contractors agree to ensure that, DBE's have the opportunity to partjr pate in the perforn,mnce of this AgreenienI, In fffls regard, all, recipieot8 and contractors, rhail take afll neoes5ary and reasonable steps in accordance with ,applicable federal and state laws and regulations, Io ensura that the DRE's have, the opportunity, tri r-r)Flipate for and perform contracts". The Agency and its contractors and s,,ubc1onIr@ctors shaft not discriviinate on the basiis of race, color,, national origin or sex 41, the award and performance of iconLracts, entered pijrsuant to this Agreellent. Furthermore,, the Agency agrees that., (a) Each finanuial assistance agreernientsigned witirl a US-0101' operating adaiiiinistration (or a primary recipi e r1t)arrest in,dude the following assurance: "The recipient shall not duscrimiinate on thl Ibasis of race, coloir, na,�Jonal orliqkii, or sex in the award and performance of any DOT-assisted contract ar in the adminMrafinri of'its DBE prograrn or lhe requiremlerits of 49 C.F,R. Part 26. The recipient shalt take aril necessary and reasonable, steps under 49 C.F.R. Part 26 to enslura non discr4nlination in the award arrd, adminiiistrallon of DOT arsisled contracts, The recipient's DBE prograirn, As required by 49 C,F,R, Part 26 and as approved by Departln,pnt.,, is incorporated, by reference in, this Agreement. irrrplernenlalion of this program is, a 1eqA oblligition and failure to carry out its toorns shall be treated as a v0lation of this Agreement Upon notification to, the recipient of its faRuire to carry oial fts, approved program, the Department atay impose,sanctions os provided for under 49 C-F,V Part 26 and n'tay, in appropriate cases, refer flie matter for enforcement under 18 US,C, 1001 andlor the Program Fraud CIA Reni,cv-lles Act of 1986 (31 U.&C. 5801 el (b) Each contract shined with a contractor (and each subcontract the prime contractor signs With a$01bcontractor) MUSt include [lie fofilowing assurance: "The contractar, subrecipient or subcontractor 91halil not discriminate on thier basis of race, color, national odgin, or sex in the performance of this"; contract, The contractor shali carry out applicable requirernents of 49 C.F,R, Part 26 in the award and adnilinistration of DOT-assisted contracts, Falllure by the contractor to carry out these requirements is a material breach of this contract„ which may result liri the termination of this contract or such other, rernedy as the recipienit deerns appropriate," 11.00 Compliance with Condftibns, and, Laws-. Thee Agency shaH coin"iply and require its contractors and subcontractors to, comply with all terrns and cond4lons of this Agreernent: and all rederal, smite, and iocd laws, and regulatioris apphooNe to this project. Execution, of this Agreement consfitutes a certification that ttie Ageir my is 41 compliance with, and WW requffe its contracloirs and Ulbcoiitraclors to oorliply with, all requirernent-, irTipQ5ed by applic,able fuderal:, state and louall Isms and r"Wations, incftAdiing the: "Certification IRegardirig Debarment, Suspension, lneligbifity and Vokintary Exchision — Lower'fier Covered Trariso0ow,,." inn ,49 C,F.R. V lj� i ca 12,010 Restrictions, Probibitions, ContrWs, and Labor Provisions; 12.01 Equal Employment Opportunity: In connection with, the carrying out of any project, the Agency shall not discrirrilriate against aryernplloyee or applicant for eimplloyment beC@Use of race, arie, rellf;gion, color, sex, rtatilonal origln, disaWlty or rnarlital status. The Agency will take affirmative action to ensure that appficaMs are employed and that erriplloyees, are, treated during employment without regard to their race, age, re,H&,in, color, grender, natlonal origin,.dis,ability or marital siatu,5. Such ac;t,I(,An shWl Incilude, but not be lIrriiited to, the fokwinq: employnient upgrading, dernobon or tr-ansfer; recnrnjt'njent: or recrultrrent advertlsing, layoff or terminatiorl; rates of pay or other forms of campensation and selection For tra ining, including apprunliresNp. Agenuy shall i�nsert the foregoing provision modified only to show the particular contraCtUal rellationsNp in all its contracts in conne0on, with the dvvelopni�ent of operation of the project, except Qor"itracts for,the standard conimercial supplies or raw materiats, and shall reqOre all such, contractors to, insert a, sirnifar provision ilin all subcontracts, except subcontracts for standard cornrnerdal supplies or raw rnMedalls When the project involves insta4atior, constructiori, denichtton, removal, site improvement or sirrinlar work, the Agency shall, post, in conspicuous piaces available to ernpioyees and applicanis for ornployment for- project work, notices to be, jprovNed hythe, Dep,wirirrienit setting fortis the, provisions cif the rlondiscrimination clause. SIA-31:OF F LORACA DEPARTMEN11 OP MAKSPORIM KA 525 40 PROD.IC I W)N SU P0 13IP � LOCAL AGENCY PROGRAM AGREEMENT lruu r"lue ff� 12.,02 Title Vjl - Civil Right-s Act of 1 964® The Aqv.ric�y will com ply with 0 the requirein,ents imposed by jr file Vlof the Civil Rghts, Act of 19,64, the regulations of the U.S. Department jof Transportation issued thereunder, and the assuirarva by llie Agericy pursuant thereto., The Agency shall nnicliade provisions, in Al contracts with third parties that ensure compliance with Tithe Vt of the Civil Rights Act of 1,964, 49,C.F.R, Par,, 21, and relateid, StaUeS ar,nd repulations- 12.0 ehcans,Mu kh Disabilities Act of 1990 (ADA): Th8 AgE iny wiilll comply wO all the requiremenls is nrnpose,(t by the,ADA, the regulations of the Federal governn"rent, issn.wd ttierejunder, and assurance by the Agency pursuant thereto. 112.04 Public Entity Crime: A person or affiliate whv has been pWced an the convicted vead,or fist folk)iwing a conviction for a Public crifity crime may not submit a bid on a contract to provide any goods or services to, a pubfic entity; may not sr broil a bid on a conlract wilh a pi.ibll entity fear the construction or repair of a public building or publiGwork.; may not suNuit bids on leases of real property to a public entily,, may not be awarded or per,fortr work, as, a contraclor, Supplier:, subcontractor or cor%ultant under a contract with any jyiblic jenlil:y„ and P1ay not transact business Wthi any public entity in excess of ithnr� threshold amount provided in Section 287.017,,, Florida Stattiles, for CATEGORY TWO for a period Of 36 months from the date of being placed on the convicted vendor list. 12.05 Disicrimlination: In accordance with alion 267 134, Florida Stalutes, an entity or affiliate who, has, been placed an the Oisinrini4natory Vendor List, kept by the Rorida DepartrTient of Management Sery ces, may riot submit a bid, on a contract to provide goods or services to a, PUblic entity; may riot submit a bard on a contract with a Public entity I,or the construction or repair of a PUbliC budding or pUbliC work; may not subirniit bids on leases of real property to a public entity:; may not be awarded or perform work, as a cor'Rira,oLor, soppiier, subcontractor or consiulliant unqw, a contract, wr1h any publio entity; and rnay not transact bUSinesz with any public OnUty, 1.2.10,6 Suspension, Revocation, Denial of Qualification or Determination of Contractor Noin-Responsibility, An entity ar affWatp who has had its Certificate of Qualification suspended, revoked, denied or, Iwve fludher been deterrnined by the Deparl.rp,ent to Uea rion-reipon!sjUle contractor may not submi't a bid or perform work for the construction or repair r of a public, building or pu,biic work on a contract with the Agency. 12.07 Prohibited InterestI& Neiltief trip, Agency nor any of its contractors or tlh& subcontractDrs shall enter 41to, any contract, subcontract or,arrangement in czrinection with the project or any property irlClUded or planned to, be included in the project in which any member, officer or ernployee of the Agency or the locality during lenure or for 2 years, lhereafter has,any interest, direct or indirect, If any such present or former mernber, officer or empioyee irwaltintarily acquires or tread acqwreid pricir to the begin6ng of tenure,any such interest, and if such interest is, immediateliy disclosed to the Agericy, the Agency, MW prior approval of the Department, nriay waive the pirotiUfion contained in this paragraph provided that any. 911.1ch presaril member, officer or ernplayee shall not parficilpate in any action b,y the Agency or time locality relal,Jng to such crintrnct, stybcontract or arrangerneril The Agency shafli insert in all contracts entered into in, connection with the project or ciny prolpierty 111clUded or pianried to, be irrdudem.l in any propect, and Shafl require jis contractui-5, to,insert in each of their subcontracts, the Wowing praviOon: "No rniernber, officer or Pniployee of the Agency or of the locality during his tenUre or for 2 years thereafter shafl have any interest, direct or inMirect., in this contract cr the proc e-eds thereof."' The provisions of tNs paragraph shall not be applicable to, any agreement between the Agency and Its fiscA tiepositories or to any agraerior il for L&Hty services. the, rates for wNcfi are fixed or coritrolled by a gove�rnrnental agency. 12.08 Interest of Members of, or Delegates to, Conqress: No member or delegat,e to the Cor)gress of the United States shall be cridniAted to any share or part of this Agreernent or,arty Iberiefmt arising therefrom. 13.00, Miscellaneous Provisions: 1101 Environmental Reflulations: The Agency will be sorely respansible far compliance with M the applicable environmental regu[ations, for aniy hability arising frorn non-com pllia rice with these rc pdutnaticnsr and will reimburse the Department for any, loss 111CUrred in connection therewith. The Agency Ml be responsible FoT secumrir7pd any applinnblp permits S I A FE OF FLORIDA DEPAR MEAT OF TRMASPORTATION 525-010•40 1`510CPJ�,,l LOCAL AGENCY PROGRAM AGREEMENT 13,M' Depart,,ment Not Obligated to Third Parties: 'The DepartMeiAL Shall not be obfigaled or haUe hereunder to any indvAdli,ml or antity not a party to this Agretannent, 113-03,When Rights and ReiTsadies, Not W'alived In r* event shO the rnaking by tJ ue Departn,,�ent of any payi-nent to the Agency constitute or be, construed as a waiver by the Cepartment of any breach of covenant or any default whicJi may then exist on the part of the Agency and the making of such payment by the Department, white any such breach, or default shall exist, shalf in no way inipair Dr Prejudice any right or remedy avallable to the Department w4h respect to such breach or defauh. 113.04 How Agreamard Is Affected by Provisiong Being Held lnvalid: if any provision of Ns Agreement is held [rivalid, the reniainder of this Agreement shall not be affected, In, suoh an Instance, tlie re'Irrj,aillder would then clonlinue to cenform to the tennis and reqUirements of apipficable law. 11105 Scinus or Cornrnjssiow By exerotiQrJ Of the Agreernernit, ttie p, , aid ad,in algo Agency, represents Oist it hmansriol agrees riot to pay, any bonus or Qummission for, the purpose of' obtalriling an approval of its appficatiorl for the financing herounder, 13.06 State Lawv Nothing 0 the Agreemerit shalt require the Agency to, observe or enforce conip4ancie With ,an provision or perform any act or do any other thing in contravention of qny applicaVe state haw. if any of the provisions of the Agreernent WiolAte any apphcablP state law, the Agency will at orrne noffy the IlgopnOrrient in writing in order that appropriate changes and modificabons, niay be made by,[lie Department and the Agency to the end that the Agency niay proceed as soon as possible with the project,, 13.07 Plians and Sfpecification hi, the ever)t that 'this Agreement involves ct,nstructing and equ,Ipping of facJhfies, Ifie A(gency shalli submit to the r)epartment for approval all appropriate plans and spe0fications covering the project, The Departiment willi review all plans and spedificat0nirs acrid Mf issue t,U tJrie Agency ®r wriftn approval with any approved porUong of the profert and coaiments or recorprnajidafions coverOg any remakider of the project deempd, appropriate After re5OIL10on of these cornrneints and recorriniendations 'to the DepartplefIt'S s@tiSfactioin, the Deparhrnentwdl issue to the Agency a writtun approv,W with said rornounder of the Project, Failure to ublaAn this, written approval shall be a5ufkiunt cawse of nonpaynient by the Departnienl. 1`11he Agency vAll physicall'y include Form rHWA-12'73 in alli, uts contracts and subcontroo[s. 13.08 Right-of-Way Cortificatiom Upon, completion of flight-of4ay actlivities on the project, the Agency miust cerlify ca,m#!i1a r1cle with aP applicable federal and state reqLirements. Gerbfication is, required prior to advert,,isenient for or soli6tafion of WdIs for constn.iction of the project, incluffingi those projects for wWch no right-of-way is raqun red, 13.09 Agency Certification: The Agency will certify in writing, prior to project CIOSMil that the protect Was completed in accordaince w3h applicaibto plans, And specificaflons, is in plane on, the Agency's facility, adequatp filille is in the Agency's narne, ond the project is ziccepted by the Agee cyens suftable for the intended ipr,Irpose. 13.10 Agreement Format.- All words used hereliri hi lie singular fray) shall exterid to and nclude the plikiral. Ali Words used in the plurv.0, forrn shrill exterd to ond unclude the shigular, All words tized in any gender shah Qxtend to and include all genders. 13.11 Execution, of Agreernent: 1"his Agreernent irraay be sinitiftaineously executed in ai mininiurn of two counterparts, each of vvWO so executed shall be dieer rr ied to be ar., 0d&rql arld such counterparts together shall constitute one and, Lhe sanie inistrumaint. 1312 ReStirictionos on, Lobbying: lFederat: The Agency agrees that no federalNy-appropnated, ftinids have been pard, or WN be paid by or on behalf of the Agency, to any person f1Dr finffuendrng or attPITIoU110' to influence aniy officer or employee &any federal agency, I Member of Congress, an officer or employee of Congre-5s or an empiloyee of a Merriber of Congress in cw-inection with the awarding of any federal contracl, the making of any federal grant, the making of any federal loan, the entering Oita, of array Qo1operat've, agreement, and lhe exlensrori, confirivation, renewail,, amendment or riodthcation of any federal contract, graint, barn or cooperative agreernant, if any funds r.-Aher than 1ed(n,rally-app,rc)prua,t(ifI lurwfs have, been paid by flie Agency to any person for k4luendmg rg atternptunq, to irifluence an officer or ernp oyee of any fadler-al agency, a Member. of Congress, an officer or etrmplloyee of smll OF PLEAA IDA OEPARtMENI'C;r: IR AIM SFFOR Trt I vax 5215,M iG PRODUC I ION, LOCAL AGENCY PROGRAM AGREEMENT Congress or an ernployee of a RA niber G1 Congress ran connection MIr thIs Agreernent, [lie widersigiied shall complete and subn'flt Standard Form-LILL, SiSCIOSUre, Form to, Raport Lohbying,,` in accordance with its instruclions. I he Agency shall require that the lariguage of this paragraph be inckided in the award dJocurnents For all subawards at.M tiers (14icli,,4ng subcontracts, subgraits, and contract s undller grants, loans, and coo,perafive agrearnents), and fliat afl: subrecupienls shall certify and, discicse accordingly. State:, No t,,jnds receivcadl purGUant to this rontract may be exper"Wed for tobOying the Leoslaliure, the judiciol brancli or a state agegir"Y. 13.13, Mlahitenance fl"ie Agency agrees to malfitain any project riot on the late H" ghway Systea'i uonstrUcted under Ittis Agn:,ernent, if the Agency canstrucLs any wnproveirnenL an Department right-of-way, the Agency E�,,j MH [_1 wall riot rriaintain tune iv rproverrients rnade for them usefui fife. 13.14 Vendors Rfight Vendors (in this document identified as the Agency) providing goods and services to the Department shouid be aware of the fokvving firTie frames. Upon receipt, the Departatent has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise, The �Department has, 20 days to defiver a reque,st for payrn�ent (voucher) to the Department of Financiai Services. The 20 days are measured from the latter of the date the invoice is, received or We goods or services are received, inspected, and approved, if an payrriew, is riot available ' ithin 40 days after re,ce:Jpt o,f the invoice and the receipt,, in�specfion, and approval of gocds and services, a &eparate interest penaGty in accordanQu wiftih St,,cbcn 215A22(3) (b)A Florida SWUW5, Will t)eCILIC and payable in add4ion to the invoice arnourt to the Agency. Weresl penaffies,of less than one $1 wilt riot be enforced urdess the Agency requests payrneint. unvoices which 4-ave to be relurneld to, the Agency becaiise of Agency preparation errors, wall rQsult in a delay in the payrnerill. The invoice payrnent requirements do,not start until a properly completed involIce ls provided to the Departirnent. A Vendor Quibudsman has, been established Within the Department of Rnancial Services.. The dudes of this individual incAucle actingi as an advocate for Agencies, who may be experlencing problenis In obtaining tirriely payment(s) from the Cepartinient., The'Vendor Ornbudsrnan may be contacted at 8504,13-55116- 13,15, Reimbursement of Federat Funds: The Agency shall ca)rip[y with afl appficnble Weral quildelines, proce6oes, and regulations, if at any firne a review onriducted by Delpartrnent and or 14WA reveallsthat the app4cable federal qoide4nes, procedUres, and regulatioas, were not followed by the Agency and FHWA reqWres reimburserneni of the 5.Inds the Agency wiF be responsible for repaynier)L to the Oepartment of M funds awardect undler,the terrns rat this Agreervent. 13,16 F- VERIFY The Agencyi 'L shall utilize the U.S.. Department of Homeland Security's E-Verify, systeni la, verIfy the employrnenteligibilfty of all new e I-In p I oyees hired by Agency du r i Ing t h e te r In of I h e coin tract; a Ild 2, shall expressly reqjoire any subcontractors perfarrnioq work or providing services ptiirsuant to the state contract to likewise s.rtiillZe the U,S,, Departnient oif Homeland Security's E-Verify sy-,tern to verify the en)p oyrnent okq bilky of all new efriployees, hired by the subcontractor durIng the contract terrri, 51 ATIE OF FLORHWA DEPAV"ffMENT OF Tl+ANO�ORTATION 525 01040 PriDDUC,1110N SUFRF LOCAL AGENCY PROGRAM AGREEMENT 0(JC11-I O)RM Poge�3 IN Wil'TNESS WHEREOF, thie parties have caused these presents,toy be eXeCUted the day and year fir above written. AGENCY Monroe County, Fl�arida STATE OF FLORIDA DEPARTMEN r OFTRANSPOR]ATION BY: BY Naine, George Neugent Name: Title: Mayor Tiitlie: AttesC! Attest'. Title: Clerk TMe, g�'AS k J N1 Y 14 r'T'(,.):R N EY V6"D AS 7D FORP& CHRISTINE M, UMBER 77M) ASSISIAN T C,0UN1 V Al"r o r4 P,� See attached Eincurnbrance Form for date of fundinq ap,proval by Comptroller. "TATE OF FLORKM DEPARTMEN7 OF TRANSPMRI AT KIN S !�'25-MO,40, LOCAL AGE ORT NCY PROGRAM AGREEMENT PR001�,� #PPD&M Pop EXHIBIT"A" PROJECT DESCRIPTION AND RESPONSIBILITIES FM., 4 3,0121-1 and, ..................................................................................... This exhibit forms an intcqral part of the Agreenwrit between the State of Florida,, Department of Transportati.on and Mcurge Counly ......................... PR0JF(,'T l_()GAT[,0N: The project is X__,_ is not on the National Highway ystern. The project is _ is niot on the State Highway System, PROJECT DESCMPTION." Con.,MrucUon and Coin struction Engineering and Inspection (CEI) services for the Nun IName Key 136dye RcFmir Project, Work willl include repairs to deck, beamis, columns, bearings, bent caps, and pile jackets and otheir brldge eIernents, The work wifi. inCitjde repairing concrete spading,1 and mbar corrosion on the deck and sidewalks. The rennalining bridge elements will be repaired by claaning irebar (or replacing whore needed) and repla ringi concrete spall and cracks, cleaning and repauring (or replacing) bearings, and expansion j6nts. SPECtAL CONSIDERATIONS BY AGENCY� The audit report(s) required in the Agreeriient shalit iriclude a Schedul,e of Project Assistarim, 'that wid reflect tl"ie Departrnent's contract riutnber, tIrJe Firianciad Project Number (FPNi), the Federat Aulborizallion Numb (FAIN), whvre applicable, the apicurlit of 5taje fti�iding action (receipt and diSbUrsernent of funds), any federal or local fUnding action,, and thefunding action fron"i any other source w1h respect to the project,, The Agency is required to provide a copy of the design plans fear flan Department's review and apiprovall to coordinate perruRting with the Deparbiiiant, apd r1ofify,the Department prior to cornmericarnent of any rrgh[_of­way activities. The Agency shall conirT, nce rhe project's, ac,60,ios, subseqk,ient to the, expo(ition of this Agreement and shalt perl'orill in, accordance with the follI sdiedUle: a) Study to be connpleted by.................... b) Deslgni to be completed by 113(�QQ14 c) Right-of-Way,requ,�rerr eots denRf_ej T.rJdprovilded to, the Department by V30)20114 d) R19110-of-Way to becerfified by 113012014 e) Constructior'i contract to be let by 6/30=14 f) Coustruction to,be completed by di�0126_1i_­. if this schiedule cannot be met, the Agency MH notify, the Depariment in writing with a revised schedUle or the project is subject to the wllfidrawa of federal fundling, SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE Q�,'FIORIDA MANSK)R I AIC"m 525,010,10 mxxxiir rION%,IFIR'�R.T LOCAL, AGENCY PROGRAM AGREEMENT 3/111, EXHIBIT "B"' SCHEDULE OF FUNDING Monroe County FIPN: 430121-1 1100 Slmlnbn Street Key West, FWHda33040 P ROJE C!T 0 ESC R IPTtO N Name-, g,yN,IW11 Uprl Lerigh. 2,2!30 Feet .............................................. . ............................................................. FUNDIIN(i TOTAL STATE& TYPE OF WORK Pyfi al Ye�E PR(IJEC"T FUNDS FFOERAI FUNFI'S.................................................. ............... ........... ................................................................. J.......... .............................. PlanningFy: ............. ...................... ............ ..................... ry: FY: TWA PUjnrflng Cost Project Development&Envirunment(PD&E) FY: IFY: FY: Total PMEC:ost . ............................................................. 1)es tg n FY: FY� FY- Total DosiL ,in Cost Right-of-Way Fy. FY: FY, ToAW Construction ;y. FY: 2014 _2M?_43� IUD 1 TEAM-- 2E FY: 2016 4 R Totafl Corwruction Cost 91 U'UOU 2,73U,000 Co1istTu,ctio,NiiEng1n�e,e,ri�ng and Inspection(CEII) 1 Lug-------- FY� 2016 .......... FYI Total (CFI Cost L 546.0M 409,50 To,al MonMrucbrm arid GEI CDsts 4,1 WON 1,046,5M) 3,13 9,500 TOTAL COSTOF THE PROJECT 1,046,500� 3''139,50,0 The Depailment's N-sral yew,beq ns on July 1, For INs projed,funds,are not prqectled to be aviflbWe until after,the Ist of Juty cf each fiscol D(,,pnrtrlent wilt not4y 01( gency, in wrAing,Wien funds aire avalable, STAOE C.0 FILORDA DEPAR 1 525,1310,40 RRC.)r.)L�,IIQN S�)PPGR I LOCAL AGENCY PROGRAM AGREEMENT uXJfrl Page EXHISIT"'B" SCHEDULE OF FUIND,ING Monroe County FPN, 431N21-2 4100 Simon'lonStreet Key Vi(.--,st, Horj(.I.,i33,040 ................. ....................... PROJECT DESCRIPTION Name: Lefigth 21230-Feet--- ------- . ...................................................................................... .................................................................................... ..................................................................................... ................... ............................... .............................. .......... FUNDING GO TOTAL AGENCY STATE& TYPE OF WORK B Fiscal Year P R n) F,��F f!2 NID'8 UNDS FFW,,,,RA�,FUNn,S .............. ........... ........... Planning F-y FY., Fy� ............................................ ............—---------------------- ..................................................... 'oiai PlarviPn,gi cast Project Developmeni&Erivirownent(P'D&E) Fy: FY; .................................................................................... .............................................................................................. .............................................................................................. Total PD6E Cost Fy: ToW Design Cost Right-W-Way Fy� FY; Py" ....................... ...................... T 01"I'l L�2-0 Construction FY� FY: 2DU Fy. FY: Total C�umstriucbriri Cost 1,870,000 1,870,000 ConstrIUCtion EngineerIng and Inspection(CMS ------- FY: 2014 ............ ......... r�otal CD Cost 2BU,500 rdA C0111SIrUdif,111-,AIICI CH COSIS 2,1510,500 2,150,560 ........................................ 2,160,50Q T01'AL C05"r OF THE PROJECT ....................... ................. The Department's fiscal year begins on July 1. 11'ar ih s project, fu nds-aro riot projecled to be avallable u nifil after,thie I st of Juiy of each fisc@�yoAr, The Departmoritwitl nolity the Aqency, in wrilung,when funds arru avaflable.