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01/16/1997 Agreement J)annp 1... Itolbagt BRANCH OFFICE 3111 OVERSEAS HIGHWAY MARArnON, FLORIDA 33050 TEL. (305) 289-6021 FAX (305) 289-1145 CLERK OF THE CIRCUIT COURT MONROE cOUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-1145 FAX (305) 852-1146 MEMORANDUM TO: Bob Herman Director of Growth Management Attention: Isabel Reid, Sr. Staff Assistant FROM: Ruth Ann Jantzen ~. Deputy Clerk - - CJ DATE: January 28, 1997 At the January 16,1997 County Commission Meeting, the Board granted approval and authorized execution of a Joint Participation Agreement between Monroe County and the Florida Department of Transportation to provide $200,000.00 in Federal and State grant monies for transportation planning studies and services. Enclosed please f"md five duplicate originals of the above Agreement, executed on behalf of Monroe County. Please be sure that one fully executed copy B returned to thfi ofrJCe as soon as ~ible. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrato~, wlo document File " ... "~i~;"~~', ,;~ ::"".' , STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION.AGREEMENT FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page I of 16 WPI No: 6596618 Fund: 100 Function: 215 Federal No: FAP # XL-8888-(488) Contract No: AE-270 SAMAS Approp: 088854 SAMAS Obj.: 790015 Org. Code: 55 062010630 Vendor No.: F 596-000-749-054 Job No: 90000-3535 Phase 50 THIS AGREEMENT, made and entered into this 3~ ,191',7 day of F~I'~ -~ . ' I by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an ageQ9' of ~ State of '~' ", Suite 410. 2798 Overseas Highway. Marathon. Florida 33050-2227 c The Monroe County Planning DepariiSient. a::r ., I -..j -~'l .. ..~ Florida, hereinafter referred to as the Department, and WIT N E SSE T H: ..~; U t~ ,~ , . Ui (:J , ~ "'-1 :,J hereinafter referred to as the Public Agency. WHEREAS, the Public Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Sect. 334.044 , Florida Statutes, to enter into this Agreement; and, WHEREAS, the Public Agency will be performing data collection, analysis, and general transportation planning for the purpose of updating and maintaining the long range transportation plan; and, WHEREAS, the purpose of this Agreement is to provide Departmental assistance to the Public Agency to undertake the work elements related to general transportation planning, and the update of the long range transportation plan, hereinafter called the Project, and to state the terms and conditions upon which such assistance will be provided, and the understanding as to the manner in which the Project will be undertaken and completed; and, WHEREAS, State warrants will be made payable to the Monroe County Board of County Commissioners, and mailed as follows: Monroe County Planning Department, Suite 410,2798 Overseas Highway, Marathon, Florida 33050-2227; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide funding for the Public Agency to undertake the work elements related to general transportation planning, and the update of the long range transportation plan; and as further described in Exhibit(s) A. Band 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 Public Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 2 of 16 2.00 Accomplishment of the Project: 2.10 General Requirements: The Public Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Public 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 Public 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 Public Agency: The Public Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Public Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Public 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 $ 222.222.00 , This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Public Agency agrees to bear all expenses in excess of the total estimateddi/ios of the W. and any deficits involved, 4 00 P .. . Th D ~ 'it, q 2 .. . 111"'1df~ 1. . . Department artlclpatIon: e epartment agree x, partICipation, mc u mg contmgencles, in the project in the amount of $ ~ tt. 2 000. 0 S detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement, It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available, 4.20 Front End Funding: Front end funding 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 is not applicable. If applicable, nla 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 fmal project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Public Agency and approved by the Department. The Public Agency shall maintain said budget, carry out the project and shall incur obligations against and FORM 725-030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 3 of 16 make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the fmal payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Public 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 five years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Public Agency shall appropriately record in the project account, and deposit in a bank: or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Public Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department, 7.30 Costs Incurred for the Project: The Public 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 Public 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 Public 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 Public Agency stating in proper detail the purpose for which such check or order is drawn, All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents, 7.60 Audit Reports: The Public Agency shall provide to the Department for each of its fiscal years for which the project account remains open, two audit reports prepared either by its official auditor or audit Public Agency or an independent certified public accountant, reflecting the use of the funds of the Department, the Public Agency, and those from any other source with respect to the project. Audits shall be performed in accordance with generally accepted government auditing standards contained in the "Standards for Audit of Governmental Organizations, Programs, Activities and Functions", issued by the U, S, General Accounting Office and OMB Circulars A-128 or A-133 where applicable. The Public Agency shall require its auditors to include in their report a schedule of project assistance as described in Exhibit "A", Special Considerations, FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 4 of 16 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Public Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Public 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 "D". 8.00 Requisitions and Payments: 8.10 Action by the Public Agency: In order to obtain any Department funds, the Public Agency shall file with the Department of Transportation. District Six Planning Office. 602 South Miami Avenue. Miami Florida, 33130, its requisition on a form or forms prescribed ,by the Department, and other data pertaining to the project account (as defined in paragraph 7,10 hereof) to justify and support the payment requisitions, 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Public Agency acquired the real property, (2) a statement by the Public Agency certifying that the Public Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Public Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws , rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Public 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: 8.21 Misrepresentation: The Public 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 Public 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 Public 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 FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 5 of 16 contained herein; 8.25 Default: The Public Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or 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 Public Agency will reimburse the Department for all disallowed costs, 8.30 Disallowed, Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Public 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 ~ade 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 Public 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 Public 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 Public Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Public 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 Public 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 basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Public Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Public Agency or the closing out of federal [mancial 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 Public Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the FORM 725-030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 6 of 16 Public Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Public Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the fmancing and development of the project, 12.00 Contracts of the Public Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Public Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with a Public Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Public Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Public Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Public Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CPR Part 23, 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 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Public Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defmed in 49 CPR Part 23, 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 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Public Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Public Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Public Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 7 of 16 provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Public 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 Public Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Public Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Public Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 VSC 3601, et seq" which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Public Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Public Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Public Agency nor any of its contractors or their subcontractors shall enter into any c~:mtract, 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 Public 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 Public Agency, the Public 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 Public Agency relating to such contract, subcontract, or arrangement. The Public Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "N 0 member, officer, or employee of the Public Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this subsection shall not be applicable to any agreement between the Public Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Public Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Public Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith, 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Public Agency. FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 8 of 16 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Public 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 Public 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 Public Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Public Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Public Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Public Agency to the end that the Public Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Public Agency agrees that the project facilities and equipment will be used by the Public 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 Public 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 Public Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CPR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Public Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Public Agency will comply with the terms of 49 CPR Part 18 relating to property management standards. The Public 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 permitted by law, the Public Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of the Agreement by the Public Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Public Agency, its subcontractors, agents or employees. Neither the Public Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes or any similar provision of law. Contractor's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and associate with the Department in the defense and trial of any damage claim suit and any related settlement negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor. Contractor I s inability to evaluate liability or its evaluation of liability shall not excuse Contractor's duty to defend and indemnify within seven FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 9 of 16 days after such notice by the Department is given by registered mail. Only an adjudication or judgment after highest appeal is exhausted specifically finding the Department solely negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and its enforcement by the Department. Department's failure to notify Contractor of a claim shall not release Contractor of the above duty to defend, 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 Public Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Public Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Public 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, Public Agency Certification: The Public Agency will certify in writing on or attached to the fmal invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Public Agency facility, that adequate title is in the Public Agency and that the project is accepted by the Public Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Public Agency agrees to complete the project on or before June 30. 1998. If the Public 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 Public 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 Public Agency must submit the fmal invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend FORM 725-030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 10 of 16 to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Public Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Public Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement, If any funds other than federal appropriated funds have been paid by the Public Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Public Agency shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly, 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 Public Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215,22(3)(b) will be due and payable, in addition to the invoice amount to the Public 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 Public Agency requests payment. Invoices which have to be returned to a Public Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from thehDepartment. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 11 of 16 WPI NO. 6596618 JOB NO. 90000-3535 Contract No. AE-270 Agreement Date o?-3-CJj IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. PUBLIC AGENCY: BY: TITLE: ~()~m... ATTEST: (SEAL) ATTEST: DANNY L KOLHAGE, aeRK DATE FUNDING APPROVED BY COMPTROLLER (SEE A T ~HED ENCUMBRANCE FORM) ATTORNEY DEPARTMENT OF TRANSPORT AnON D ART NT OF TRANSPORT AnON DISTRICT DIRECTOR OF PLANNING AND PROGRAMS ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01 ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 12/94 ================================================================== RUSH (Needed by Reason for RUSH : Advertise (Letting Letter of Authorization X ____Supplemental ___ Correction _/_/ (date)) Date) New Award Renewal Court Order Overrun Addition ___ Termination Agmt. Contract # AE270 Contract Type Vendor Name MONROE CO PLANNING Has Written/Verbal Approval from a been received X Yes No Fed Agmt Amt_200,000 State Funds Local Funds_22,223 Beginning date of this Agmt: 01/20/97(Must be after fund approval) Ending date of this Agmt: 06/30/98(Estimate if necessary) Execution date of this Agmt: 01/20/97 (Only on original agreements) Has work been authorized to begin? ___ Yes _X_ No Have standard financial provisions been altered by contract terms? Yes X No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D,O.T. from other entities? Yes X No AI Method of Procurement G Vendor ID 596-000-749-054 Participating Federal Agency **************************************************************** Brief description of work:MONROE CO LONG RANGE TRANSPORTATION PLAN: THIS IS ANNUAL RENEWAL OF JPA FOR GENERAL TRANSP, PLANNING, ANALYSIS, AND DATA COLLECTION. ***************************************************************** ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT (PROGRAM#) (WPI # ) (FUND) numeric ( FY's ) To be completed if funded in 2 or more fiscal years, ----------------------------------------------------------------- ----------------------------------------------------------------- 55 062010630 *11 * 790015 * ( 8010 200,000 *90000/3535/50 (6596618 ) (100 ) * 215 ( 96-97) ------------------------------------------------------------------ TOTAL AMOUNT * $_200,000 * ---------------------------------------------------------------- Originator:_PHIL_STEINMILLER___Date:_11/25/96___Phone_SC452-5896_ E-mail user ID PL630PS ****************************************************************** TO BE COMPLETED BY OFFICE OF COMPTROLLER ****************************************************************** BUDGET ENTITY 5590 CATEGORY 088854-97 WORK ORDER BALANCE _AUTH, ON 10/7/96=200,000,00 ALLOTMENT _AB=1,209,306.00 YEAR 97 DATE CHECKED 11/27/96 FUNDS APPROVED BY PHILLIP PRYOR FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: 11/27/96 ****************************************************************** ADDITIONAL FUNDING REQUESTS ****************************************************************** ORG-CODE *EO ( FY's) To be * OBJECT * AMOUNT (PROGRAM#) (WPI # completed if funded in * CO/SEC/JOB#/PH *fct ) (FUND) # 2 or more fiscal years. ------------------------------------------------------------------ ------------------------------------------------------------------ 55 * * * * * ----------------------------------------------------------------- 55 * * * * * ----------------------------------------------------------------- 55 * * * * * ----------------------------------------------------------------- TOTAL AMOUNT * * FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 12 of 16 WPI NO. 6596618 JOB NO. 90000-3535 CONTRACT NO. AE-270 EXHmIT "A" PROJECT DESCRIPTION AND RESPONSmn..ITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department. Suite 410. 2798 Overseas Hi~hway. Marathon. Florida. 33050-2227. dated PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Update and Maintenance of the Long Range Transportation Plan SCOPE OF SERVICES TASK 1: US 1 ARTERIAL TRAVEL TIME AND DELAY STUDIES 1, PURPOSE The travel time studies will be used to monitor the level of service on US 1 for concurrency management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs. The study, including data collection and reporting, may be performed by the Monroe County staff, as in years past, or, with the concurrence of the Department, the Public Agency may use the general transportation planning consultant to perform the study in its entirety. 2. ACTIVITIES A. Using the floating car method, the County will record travel time, speed and delay data for: a) each of the 24 segments of U. S, 1 (Attached) from Florida City to Stock Island; and b) the length of U, S, 1 from the Dade County line to the Cow Key Channel. B. The data will be recorded by date, day of week, time of day, and direction. C. The study will be conducted over 14 days within the six-week period from February 15 to March 31. The study will consist of 14 round-trip runs, sampling each day of the week twice, FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 13 of 16 D, The study schedule will be coordinated with seven day, 24-hour traffic counts to be conducted by FDOT in Islamorada, Marathon, and Big Pine Key. E. The study will employ the staggered schedule of departure times previously approved by the Task Force so as to record peak hour conditions in as many different locations as possible. F, The study results will be summarized in report format including a series of tables and graphs, A statistical analysis of the mean, median, standard deviation, and range of speeds recorded for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported, 3. COST $ 25,000.00 TASK 2: GENERAL TRANSPORTATION PLANNING ASSISTANCE 1. PURPOSE The purpose of this task is to provide funding for a general transportation planning consultant that will provide assistance to the Monroe County Planning Department staff for the purpose of maintaining and updating the Long Range Transportation Plan, and to ensure that transportation concurrency requirements are met to support the comprehensive planning process. This task will provide assistance for general transportation planning and analysis activities, including data collection and technical support, 2. ACTIVITIES The transportation planning consultant will provide assistance to Monroe County Planning Department staff in the following areas: preparation of traffic impact reports, including attendance at appropriate public meetings and hearings; site plan reviews for internal traffic flows and access; provision of review comments on relevant transportation elements of reports and plans prepared by County staff in support of the comprehensive plan. This task may also include level of service analysis and systems planning activities, including running the FSUTMS model, data collection activities, and technical support. The Monroe County staff will administer a consultant contract, issue work orders, prepare invoices for submission to the Department, and participate in planning, analysis, and data collection activities as necessary. This project may also include the preparation of trip generation guidlines for various specific land uses and land use categories within the Keys. The effort will require field studies within Monroe County and a literature review of data for areas with comparable climate and a high level of tourism. The [mdings and recommendations of this study will be incorporated into the land development regulations and the development review process of the County, The project may also include re-evaluation of the level of service methodology for US 1, Monroe County staff, with the assistance of the consultant, will reconvene the US 1 Task Force for Level of Service to thoroughly re-evaluate the current LOS methodology adopted by the County. The findings and recommendations of the study will be incorporated into the land development regulations and the development review process of the County, The project may also include evaluation of the functional classification of the County roadway system, The Consultant will prepare a classification system for the County roadway system with the assistance of County planning and engineering staff. This classification system will fully complement the State functional classification system. It will be FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 14 of 16 incorporated into the land development regulations and the comprehensive planning process of the County. The final product will provide the data in a format suitable for incorporation into the County geographic information system (GIS). 3. COST $ 170,000.00 TASK 3: STAFF TRAINING. REFERENCE MATERIAL. AND TRAVEL 1. PURPOSE This task will provide funding for the training of Monroe County staff in a broad range of transportation planning topics. 2. ACTIVITIES This task will provide funding for Monroe County staff to obtain transportation planning reference materials, transportation planning software, and to attend various transportation planning conferences and training courses. 3. COST $ 5,000.00 TASK 4: LOCAL IN-KIND MATCH. AND PROJECT ADMINISTRATION 1. PURPOSE The purpose of this task is to provide the local in-kind matching funds for administration of the project by Monroe County staff. 2. ACTIVITIES The task activites will include selecting and coordinating with a transportation planning consultant, issuing work orders, reviewing and approving consultant products, paying invoices, preparing quarterly progress reports, invoicing the Department, and generally administering the project. 3. COST $ 22,222.00 SPECIAL CONSIDERATIONS BY PUBLIC AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, WPI number and Job number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project, SPECIAL CONSIDERATIONS BY DEPARTMENT: None, FORM 725.030-06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 15 of 16 WPI NO. 6596618 JOB NO. 90000-3535 CONTRACT NO. AE-270 EXHmIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Planning Department. Suite 410. 2798 Overseas Hi~hway. Marathon. Florida. 33050-2227. dated I. PROJECT COST: $ 222,222.00 II. P ARTICIP A TION: Maximum Federal Participation STP ( 80 %) or $ 177,778.00 Public Agency Participation In-Kind ( 10 %) $ 22,222.00 Cash ( %) $ Other ( %) $ Maximum Department Participation, Primary (D) ( 10 %) or $ 22,222.00 Federal Reimbursable (DU)(FRA)(DFTA)( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $ 222,222.00 FORM 725.030.06 PUBLIC TRANSP ADMIN OGC . 03/95 Page 16 of 16 WPI NO. 6596618 JOB NO. 90000-3535 CONTRACT NO. AE-270 EXHmIT "e" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Plannin~ Department. Suite 410. 2798 Overseas Highway. Marathon. Florida. 33050-2227. dated INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Public Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2, Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3. Comply with all applicable provisions of this Agreement. Pursuant to Section 22.00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice.