Resolution 085-2023 0
2
3
4 MONROE COUNTY, FLORIDA
5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
6 RESOLUTION NO. 085 -2023
7
8 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
9 COMMISSIONERS ACCEPTING AND APPROVING THAT CERTAIN
10 FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") JOINT
11 PARTICIPATION AGREEMENT ("JPA") BEARING CSFA/CFDA NO.
12 20.205.
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mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm
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15 WHEREAS,the State of Florida through FDOT and the Board of County Commissioners
16 of Monroe County, Florida (the "County"), recognize the need for transportation planning
17 functions including but not limited to transportation concurrency review, traffic engineering
18 support, the County s biennial U.S. 1 Arterial Travel Time and Delay Study, the performance of
19 miscellaneous public transportation planning studies, utilization of consultants to provide for
20 transportation planning assistance required in connection with review of development
21 applications, and maintenance and updates to long-range transportation plans, the Monroe
22 Comprehensive Plan, the Monroe County Code of Ordinances, and the Monroe County Land
23 Development Code, as necessary; and
24
25 WHEREAS, due to FDOT administrative updates and contract formats, FDOT has
26 requested that it and the County enter into a new JPA that shall fund the County's transportation
27 planning functions;
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
30 COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT:
31
32 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
33 legislative intent are true and correct and are hereby incorporated as if fully
34 stated herein; and
35
36 Section 2. That certain JPA before the Board of County Commissioners of Monroe
37 County, Florida, at its regular February 15,2023,meeting, is hereby approved
38 and accepted.
39
40
41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
42 meeting of the Board held on the 15"'day of February 2023.
43
44
45
46 Mayor Craig Cates Yes
47 Mayor Pro Tem Holly Merrill Raschein Yes
1 Commissioner Michelle Lincoln Yes
2 Commissioner James K. Scholl Yes
3 Commissioner David Rice Yes
4
5
6 BOARD OF COUNTY COMMISSIONERS
7 �` $``` as , OF MONROE '�� TY,FLO' DA
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15 MONROE COUNTY ATTORNEY
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-70
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Financial Project Number(s):
(item-segment-phase-sequence) Fund(s): FLAIR Category: 088854
252228-2-14-01 Work Activity Code/Function: 215 Object Code: 780000
Federal Award Identification Number(FAIN): Org. Code: 55062010630
Federal Award Date: Vendor Number: F596000749054
Contract Number: Recipient Unique Entity ID (SAM)Number: OKLSCT2L
M7M9
County Number: 90
Catalog of Federal Domestic Assistance (CFDA): 20.205
THIS SUBRECIPIENT GRANT AGREEMENT ("Agreement") is entered into this day of , 2023 (the
"Effective Date"), between the State of Florida, Department of Transportation, an agency of the State of Florida (the
"Department"), and Monroe County(the "Recipient") (each a "Party" and collectively, the "Parties").
The Parties agree as follows:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit
D, Recipient Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement
on its behalf.
2. Purpose of Agreement. The purpose of this Agreement is to provide a subaward of Federal Highway
Administration ("FHWA") SA grant funds to the Recipient for Monroe County Long Range Transportation Plan (the
"Project"). The Project is more particularly described in Exhibit A, Project Description and Responsibilities to
this Agreement.
3. The Project. The Recipient agrees to perform and complete the Project in a satisfactory, timely and
proper manner in accordance with all applicable laws and the terms and conditions of this Agreement. Exhibit A
describes the scope of work to be performed by the Recipient and provides a proposed schedule for the completion
of the Project.The Project scope in Exhibit identifies the ultimate project deliverables. Deliverables for requisition,
payment and invoice purposes will be the incremental progress made toward completion of Project scope elements.
All Project activities must be consistent with the scope described in Exhibit A.An amendment to this Agreement is
required for any proposed change in the scope of work. Execution of this Agreement by both Parties shall be
deemed a Notice to Proceed to the Recipient for the design phase or other non-construction phases of the Project.
If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until
the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction
work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department.
4. Term of Agreement. The term of this Agreement and the period for performance of the Project under this
Agreement extends from the Effective Date through 06/30/2025 (the "Completion Date"). If the Recipient does not
complete the Project on or before the Completion Date, this Agreement will expire, unless the Completion Date is
extended by an executed amendment to this Agreement. Expiration of this Agreement will be considered termination
of the Project.
5. Project Funding and Budget.
a. Project Cost. The estimated cost of the Project is $600,000.00 (the "Project Estimate"), and is
allocated among the Project activities in Exhibit B,Schedule of Financial Assistance.An amendment to the grant
agreement is required for any re-budgeting of Project funds provided under this Agreement. Re-budgeting of Project
funds between operating (if any)and capital line items may not be allowable due to grant limitations and potentially
different match requirements.
b. Department Subaward. Under this Agreement, the Recipient, a non-federal entity, is the
subrecipient of FHWA SA grant funds awarded under Section 339.08(e) and 339.12, Florida Statutes (F.S.).
The Department will provide financial assistance for the Project up to the maximum amount of the federally funded
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subaward made under this Agreement, $525,000.00 (the "Maximum Federal Financial Assistance"), as more
specifically detailed in Exhibit B, in accordance with the terms and conditions of this Agreement. Any terms and
conditions that are specific to this subaward are attached as Exhibit A, and shall control over any inconsistent
provisions in the body of this Agreement or the other exhibits attached to this Agreement.
C. Matching Funds. The Recipient agrees to provide all matching funds required under the terms of
the federal grant. The eligibility and use of matching funds shall be governed by applicable federal law, regulations
and guidance. The Recipient is also responsible for all costs required to complete the Project that exceed the
Project Estimate. The Recipient shall take all actions required for the Recipient to provide the necessary funds for
the Project. The Department will have no responsibility for any Project costs in excess of the Maximum Federal
Financial Assistance.
d. Eligible Costs. Financial assistance provided by the Department under this Agreement will only
be available for Project costs incurred after the Effective Date of this Agreement and prior to termination or expiration
of this Agreement.
e. Ineligible Costs. In determining the amount of any payment, the Department will exclude all
Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed for the Project
phase for which the costs were incurred, costs incurred after the expiration of the Agreement, costs which are not
provided for in the latest approved schedule of financial assistance in Exhibit B for the Project, costs agreed to be
borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final
invoice time lines, and costs attributable to goods or services received under a contract or other arrangements
which have not been approved in writing by the Department. The federal funds awarded under this Agreement will
not be provided for any cost not incurred in accordance with applicable federal and state laws, regulations and grant
program requirements. If FHWA or the Department determines that any cost claimed is not eligible,the Department
will notify the Recipient. The notification will identify the items and amounts are not eligible for reimbursement with
federal financial assistance and the reason the items and amount are not eligible. If the Recipient is not in
compliance with requirements of this Agreement, but such non-compliance is correctable during the term of this
Agreement, financial assistance may be withheld by the Department until the non-compliance is corrected. If the
Recipient's non-compliance is not correctable during the term of this Agreement, FHWA or the Department may
deny use of federal funds, in whole or in part. If as a result of the Recipient's failure to comply with the terms of this
Agreement FHWA determines that federal financial assistance will no longer be available for the Project: (i) the
Department is authorized to discontinue federal financial assistance for the Project under this Agreement; (ii) the
Recipient will be solely responsible to provide all funds necessary to complete the Project; and (iii)the Department
is not required to provide any additional state financial assistance for the Project. A determination by FHWA that
federal financial assistance is no longer available for the Project is final. The Recipient waives any right to contest
a discontinuance of financial assistance under this Agreement if FHWA determines federal financial assistance is
no longer available.
f. No Federal Obligation. This Agreement is financed by federal funds. However, payments to the
Recipient will be made by the Department. The United States is not a party to this Agreement and no reference in
this Agreement, to the United States, USDOT, FHWA, or any representatives of the federal government makes the
United States a party to this Agreement.
g. Subaward Contingent on Federal Funding. The Recipient acknowledges and agrees that the
Department's payment of funds under this Agreement is contingent on the Department receiving the funds from the
FHWA. If, for any reason, the FHWA reduces the amount of federal funds available for this subaward, or otherwise
fails to pay part of the cost or expense of the Project in this Agreement, only outstanding incurred costs within the
limits of FHWA provided financial assistance shall be eligible for reimbursement.
h. Repayment of Grant Funds. Upon a finding by FHWA, or the Department in lieu of FHWA, that
the Recipient has made an unauthorized or undocumented use of grant funds,or that any Project costs are ineligible
for federal reimbursement, and upon a written demand for repayment issued by the Department, the Recipient shall
repay such amounts to the Department within 40 days of written demand. The Recipient shall also repay any other
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grant funds received by the Recipient under this Agreement in excess of the amount to which the Recipient is
entitled. Such funds shall be repaid to the Department within 40 days of written demand.
i. Reversion of Unexpended Grant Funds. All funds granted by the Department under this
Agreement that have not been expended for Project activities during the term of this Agreement shall revert to the
Department.
6. Invoices.
a. Requests for Reimbursement. In order to obtain any of the federal funds available from the
Department under this Agreement, the Recipient shall file with the Department Grant Manager its request for
reimbursement and any other information regarding to the Project and the Project Accounts (defined below)
required to justify and support the payment request. Payment requests must include a certification, signed by an
official who is authorized to legally bind the Recipient, which reads as follows:
"By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that
any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me
to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise.
(U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
The Recipient shall submit requests for reimbursement to the Department no less than once every 90 days
(quarterly). If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely
submit invoices to the Department results in FHWA removing any unbilled financial assistance or the loss of state
appropriation authority, the Recipient will be solely responsible to provide all funds necessary to complete the
Project and the Department will not be obligated to provide any additional financial assistance for the Project.
b. Deliverables and Supporting Documentation. Requests for reimbursement by the Recipient
shall include an invoice, progress report and supporting documentation for the period of work being billed that are
acceptable to the Department. All costs invoiced shall be supported by properly executed payrolls, time records,
invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in
Exhibit F, Contract Payment Requirements. The Recipient shall use the format for the invoice and progress
report that is approved by the Department. Approved formats are found in FDOT Topic No. 525-010-300 Local
Agency Program Manual. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and
post-audit based on the quantifiable, measurable and verifiable units of deliverables identified in Exhibit A.
Supporting documentation must substantiate the amount of progress made on the Project in a quantifiable,
measurable, and verifiable manner, and provide evidence that the payment requested is commensurate with the
accomplished incremental progress and costs incurred by the Recipient. Supporting documentation must also
establish to the Department Grant Manager's satisfaction that deliverables were received and accepted in writing
by the Recipient and must also establish that the required minimum level of service to be performed and criteria for
evaluating successful completion have been met.
C. Travel Expenses.
® Travel expenses are NOT eligible for reimbursement under this Agreement.
❑ Travel expenses ARE eligible for reimbursement under this Agreement.
Bills fortravel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor
Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most
current version of the Disbursement Handbook for Employees and Managers.
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d. Final Invoice. The Recipient must submit its final invoice and request for reimbursement for the
Project to the Department within 120 days after the Completion Date, or completion of the Project if earlier. Invoices
submitted after the 120-day time period may not be paid.
7. Provision of Subaward Funds.
a. Payments and Withholding. Subject to other provisions of this Agreement, the Department will
reimburse the Recipient for eligible Project costs, up to the amount of the Maximum Federal Financial Assistance.
Notwithstanding any other provision of this Agreement, the Department may elect by written notice not to make a
payment if:
i. The Department determines that the Recipient has misrepresented a material fact in any
documents submitted to obtain the subaward of federal funds made under this Agreement,or any document
or data furnished with its application or pursuant to this Agreement;
ii. There is any pending litigation with respect to the performance by the Recipient of any of
its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments
for the Project;
iii. The Recipient takes any action on the Project which, under this Agreement, requires the
approval of the Department or makes a related expenditure or incurs related obligations without Department
approval when required;
iv. There has been any violation of the conflict of interest provisions contained in this
Agreement; or
V. The Department determines the Recipient is otherwise in default under any provisions of
this Agreement.
b. Reimbursement Basis. Payment shall be made only after receipt and approval of deliverables
and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida
under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida
Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit H,
Alternative Advance Payment Financial Provisions is attached and incorporated into
this Agreement.
C. Financial Consequences for Unsatisfactory Performance. If the Department determines that
the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be
corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient
shall, within five (5) days after notice from the Department, provide the Department with a corrective action plan
describing how the Recipient will address all issues of contract non-performance, unacceptable performance,failure
to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective
action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-
performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is
subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the
next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the
term of this Agreement.
d. Florida Prompt Payment Law. The Recipient should be aware of the following time frames.
i. The Department has 20 days to deliver a request for payment(voucher)to the Department
of Financial Services. The 20 days are measured from the later of the date the invoice is received or the
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date the goods or services are received, inspected, and approved. Approval and inspection of goods or
services shall take no longer than 20 days following the receipt of a complete and accurate invoice.
ii. If a payment is not available within 40 days, then a separate interest penalty at a rate
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Recipient. The 40 days are measured from the later of the date the invoice is
received or the date the goods or services are received, inspected, and approved. Interest penalties of less
than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be
returned to the Recipient because of Recipient 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 Department of Financial Services. The
duties of this individual include acting as an advocate for Agencies who may be experiencing problems
in obtaining timely payment(s)from the Department. The Vendor Ombudsman may be contacted at (850)
413-5516.
e. Offsets. If, after Project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this Agreement, the Department may offset the amount claimed from
payments due for work or services under any other agreement it has with the Recipient if, upon demand, payment
of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
f. Appropriation Contingency. The Department's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature and the availability of the federal financial
assistance awarded to the Recipient under this Agreement.
g. Multi-year Contracts. 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 Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"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 and
which have a term for a period of more than 1 year."
8. Records.
a. Project Records. The Recipient shall establish for the Project, consistent with the Department's
program guidelines/proceduresand"Principles for State and Local Governments",2 Code of Federal Regulations
("CFR") Part 225, separate accounts to be maintained within its existing accounting system or separate
independent accounts ("Project Accounts"). The Recipient shall charge to the Project Accounts all eligible costs of
the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. All costs
recorded in the Project Accounts shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit F.
b. Project Costs. Records of costs incurred under terms of this Agreement shall be maintained in the
Project Accounts and made available upon request to the Department at all times during the period of this
Agreement and for five (5) years after final payment is made for the applicable state fiscal year, or such longer
period as may be required by applicable law. Copies of these documents and records shall be furnished to the
Department and FHWA upon request. Records of costs incurred include the Recipient's general accounting
records and the Project records, together with supporting documents and records of the Recipient and all
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contractors and subcontractors performing work on the Project. If any litigation, claim, or audit is started before the
expiration of the required retention period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
C. Reports. The Recipient shall submit to the Department such data, reports, records, contracts and
other documents relating to the Project as the Department or FHWA may require, including those documents listed
in Exhibit A to this Agreement. The Department may, at its discretion, require a progress report on a monthly basis.
The progress report will include details of the progress of the Project towards meeting the requirements of the
Agreement.
d. Federal Requirements. The Recipient agrees to maintain property records, conduct physical
inventories and develop control systems as required by 2 CFR Part 200, when applicable. In addition to the
requirements of section 8, the Recipient shall comply with the record retention requirements of 2 CFR 200.333, as
amended or replaced from time to time.
e. Right-of-Way. For any project requiring additional right-of-way, the Recipient must submit to the
Department an annual report of its real property acquisition and relocation assistance activities on the project.
Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must
be prepared using the format prescribed in 49 CFR Part 24, Appendix B, and be submitted to the Department no
later than October 15 of each year. Upon completion of right-of-way activities on the Project, the Recipient must
certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement
for or solicitation of bids for construction of the Project.
9. Audits. The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit
the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal
awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other
State official. The Recipient shall comply with all audit and audit reporting requirements as specified below:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —Audit
Requirements, and section 215.97 Florida Statutes, monitoring procedures may include but not be limited to on-site
visits by Department staff, limited scope audits as defined by 2 CFR 200.425, and/or other procedures including,
reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing
management decisions on weaknesses found through audits when those findings pertain to Federal awards
provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In
the event the Department determines that a limited scope audit of the Recipient is appropriate,the Recipient agrees
to comply with any additional instructions provided by Department staff to the Recipient regarding such audit. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
b. The Recipient, a non-Federal entity as defined by 2 CFR Part 200, Subpart F—Audit Requirements
as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following
requirements:
i. In the event the Recipient expends a total amount of Federal awards equal to or in excess
of the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, the Recipient must have
a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions
of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit E, Federal Financial Assistance (Single
Audit Act) to this Agreement identifies the Federal resources awarded through the Department by this
Agreement. In determining Federal awards expended in a fiscal year, the Recipient must consider all
sources of Federal awards, including Federal award resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established in 2 CFR §§200.502-503, as amended. An audit of the Recipient conducted by the State of
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Florida Auditor General in accordance with the provisions of 2 CFR §200.514, will meet the requirements
of this part.
ii. In connection with the audit requirements, the Recipient shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR §§200.508-512, as amended.
iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200,
Subpart F — Audit Requirements, in Federal awards, the Recipient is exempt from Federal audit
requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement
to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Recipient's audit period for each applicable audit year. In the event the Recipient expends less than the
threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal
year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart
F — Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of
such an audit must be paid from the Recipient's resources obtained from other than Federal entities).
iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200,
Subpart F—Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the Recipient directly to the Federal Audit Clearinghouse (FAC) as provided
in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for
submitting the single audit reporting package. Updates to the location of the FAC and data entry system
may be found at the OMB website. The FAC is the repository of record for audits required by 2 CFR Part
200, Subpart F —Audit Requirements, and this Agreement. However, the Department requires a copy of
the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as
required by 2 CFR Part 200, Subpart F—Audit Requirements.
V. Within six months of acceptance of the audit report by the FAC, the Department will review
the Recipient's audit reporting package, including corrective action plans and management letters, to the
extent necessary to determine whether timely and appropriate action on all deficiencies has been taken
pertaining to the Federal award provided through the Department by this Agreement. If the Recipient fails
to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the
Department may impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions, the Department may take
appropriate actions to enforce compliance , which actions may include, but are not limited to, the following:
(a) Temporarily withhold cash payments pending correction of the deficiency by the
Recipient or more severe enforcement action by the Department;
(b) Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
(c) Wholly or partly suspend or terminate the Federal award;
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and
Federal awarding agency regulations (or in the case of the Department, recommend such
a proceeding be initiated by the Federal awarding agency);
(e) Withhold further Federal awards for the Project or program;
(f) Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Recipient shall permit the Department,
or its designee, the CFO or State of Florida Auditor General access to the Recipient's records including
financial statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the
dispute is resolved.
vii. Copies of financial reporting packages required by this section shall be submitted by or on
behalf of the Recipient directly to each of the following:
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The Department at the following address:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (https://flauditor.govn provides instructions for filing an electronic copy of a
financial reporting package.
viii. Any reports or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, Florida
Statutes, and Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
ix. The Recipient, when submitted financial reporting packages to the Department for audits
done in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, or Chapters 10.550 (local
government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
C. The Recipient shall retain sufficient records demonstrating its compliance with the terms of the
award and this Agreement for a period of five years from the date the audit report is issued and shall allow the
Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request.The
Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the
CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is
issued unless extended in writing by the Department. The Recipient shall further permit access to all Project records
by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller
General of the United States, or their designees.
d. The Recipient shall permit, and shall require its contractors to permit, the Department's and
FHWA's authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and
to audit the books, records and accounts pertaining to the financing and development of the Project.
10. Termination and Suspension.
a. Generally. If: (i) the Recipient abandons or, before the end of the state fiscal year for which
financial assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii) the
Recipient fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the
commencement, prosecution, or timely completion of the Project by the Recipient is rendered improbable,
infeasible, impossible, or illegal, the Department may, by written notice to the Recipient, 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. Termination
of this Agreement shall be governed by the provisions of 2 CFR Part 200.
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b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension
notice from the Department,the Recipient shall proceed promptly to carry out the actions required in such notice,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 Recipient to furnish the schedule, plan, and budget within a reasonable time.
The approval of a remittance by the Recipient shall not constitute a waiver of any claim which the Department may
otherwise have arising out of this Agreement.
11. Contracts of the Recipient.
a. Approval Required. Except as otherwise authorized in writing by the Department, the Recipient
shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds,
including consultant or construction 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. The Department specifically reserves the right to review the qualifications of any
consultant or contractor and to approve or disapprove the employment of such consultant or contractor.
b. Consultant Services. The Recipient acknowledges and agrees that any Project consultant
contract for engineering,architecture or surveying services must be procured in compliance with the provisions of
Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, and the federal Brooks Act, 23 CFR
172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the
consultant selection process for all applicable project agreements funded under this Agreement. In all cases,
the Recipient's attorney shall certify to the Department that selection has been accomplished in compliance with
Chapter 287.055, Florida Statutes,the Consultants' Competitive Negotiation Act and the federal Brooks Act.
C. Compliance with Federal Requirements. The Recipient shall comply with, and require its
consultants and contractors to comply with applicable federal law pertaining to the use of federal-aid funds. The
Recipient shall comply with and include the applicable provisions described in Appendix II to 2 CFR Part 200 —
Contract Provisions for non-Federal Entity Contracts Under Federal Awards—in each contract it enters into for the
Project.
d. Preference for State Residents. If the Project is procured pursuant to Chapter 255, Florida
Statutes, for construction services to be paid from state-appropriated funds,thenthe Recipient must complywith the
requirements of Sections 255.099(1) and 255.0991, Florida Statutes. However, for all Project work eligible for
reimbursement with the federally funded subaward under this Agreement, this paragraph may not be enforced in
such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged
soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of
the United States.
e. Force Account Work, Indirect Costs.
® If this box is checked, the Recipient is permitted to utilize its own forces in performing the Project.
If the Recipient proceeds with any phase of the Project utilizing its own forces, the Recipient will
only be reimbursed for direct costs (this excludes general overhead).
❑ If this box is checked, the Recipient will seek reimbursement for indirect program expenses
allowable under 2 CFR Par 200(select one):
❑ The Recipient has elected to seek reimbursement from the Department for actual indirect
expenses (no rate).
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❑ The Recipient has elected to apply a de minimis rate of 10% of modified total direct costs
in the manner described in 2 CFR 200.414. [The de minimis rate is available only to entities
that have never had a negotiated indirect cost rate. When selected, the de minimis rate
must be used consistently for all federal awards until such time the Recipient chooses to
negotiate a rate. A cost policy statement and de minimis certification form must be
submitted to the Department for review and approval.]
❑ The Recipient has elected to apply a federally approved indirect cost rate based on a
federally approved rate agreement.
f. Claims and Requests for Additional Work. The Recipient shall have sole responsibility for
resolving claims and requests for additional work for the Project. The Recipient will make best efforts to obtain the
Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for
additional work.
g. The Recipient shall require its consultants and contractors to take emergency steps to close any
public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling
public is the Department's first priority for the Recipient. If lane or road closures are required by the Recipient to
ensure the life, health, and safety of the travelling public,the Recipient must notify the District Construction Engineer
and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The
Department expects professional engineering judgment be applied in all aspects of locally delivered projects.
Defect management and supervision of the Project's structures components must be proactively managed,
monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer
must be notified immediately of defect monitoring that occurs in Recipient's project construction,whether or not the
defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including
but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record,
construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge
construction has the authority to immediately close the bridge to construction personnel and close the road
underneath. The Recipient shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for
maintenance of traffic and safety concerns.
12. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department
that DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance
of contracts financed in whole or in part underthis Agreement. The DBE requirements of applicable federal and state
laws and regulations apply to this Agreement. The Recipient and its contractors agree to ensure that DBE's have
the opportunityto participate in the performance of this Agreement. The Recipient and its contractors shall take all
necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that
the DBE's have the opportunity to compete for and perform contracts. The Recipient and its contractors and
subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance
of contracts, entered pursuant to this Agreement.
13. Design and Construction Standards; Required Approvals. If the Project includes construction the
provisions of this section are incorporated into this Agreement. If any portion of the Project will be located on, under,
or over any Department-owned right-of-way,the provisions of Exhibit O,Terms and Conditions of Construction,
are incorporated into this Agreement and shall control over any inconsistent provisions in the body of this
Agreement.
a. Permits. The Recipient is responsible for obtaining all permits necessary for the Project.
b. Qualified Contractors. The Recipient shall hire a qualified contractor using the Recipient's normal
competitive bid procedures, modified as necessary to comply with the requirements of this Agreement, to perform
the construction work for the Project. For projects that are not located on the Department's right-of-way, the
Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the
Recipient prior to letting that they are required to hire a contractor prequalified by the Department. For projects
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located on the Department's right-of-way, the Recipient shall award the contract for construction of the Project to a
Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and
federal law, rules, and regulations. The Recipient shall submit a copy of the bid tally sheet(s) and awarded bid
contract to the Department.
C. CEI. The Recipient is responsible for provision of Construction Engineering Inspection (CEI)
services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant
firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training.
Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by
the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed
Professional Engineer who shall provide the certification that all design and construction for the Project meets the
minimum construction standards established by Department. The Department shall have the right to approve the
CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing
during the course of construction of the Project. Subject to the approval of the Department, the Recipient may
choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant
firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof.
d. Design. The Recipient is responsible for the preparation of all design plans for the Project. The
Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design
phase of the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may
not be performed by the same entity. All design work on the Project shall be performed in accordance with the
requirements of all applicable laws and governmental rules and regulations and federal and state accepted design
standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the
applicable provisions of the Manual of Uniform Traffic Control Devices and the AASHTO Policy on Geometric
Design of Streets and Highways.
e. Consultant Conflicts of Interest. The Recipient shall comply with the Department's current
Conflict of Interest Procedure in employing consultants for the Project (currently Department Procedure 375-030-
006).
f. Department Plans Review. If any portion of the Project will be located on, under, or over any
Department-owned right-of-way, the Department shall review the Project's design plans for compliance with all
applicable standards of the Department, as provided in Exhibit O. In its sole discretion, the Department may reject
designs which it determines do not meet Department standards.
g. Final Plans. The Recipient will provide copies of the final design plans and specifications and final
bid documents to the Department's Grant Manager prior to commencing construction of the Project. The
Department will specify the number of copies required and the required format.
h. Bonds. The Recipient shall require the Recipient's contractor to post a payment and performance
bond in accordance with applicable law.
i. Performance of Construction Work. The Recipient shall be responsible to ensure that the
construction work under this Agreement is performed in accordance with the approved construction documents,
and that it will meet all applicable Recipient and Department standards.
j. Public Safety. The Recipient is responsible for ensuring the safety of the public during all phases
of Project construction. The Recipient and its contractors shall request authority to and take appropriate action to
restrict or prohibit travel on any public road when required to protect the traveling public. If the Project is on the
State Highway System, the Recipient shall follow Department procedures for road closures. Notwithstanding
anything to the contrary in any Department or other governmental procedure, if the Recipient, or its contractors,
become aware of circumstances related to the Project that could present an imminent risk of harm to the travelling
public, the Recipient shall, and shall require its contractors to, immediately take all appropriate steps to protect the
public, including requesting immediate closure of any transportation facility.
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k. Completion of Construction. Upon completion of the work authorized by this Agreement, the
Recipient shall certify to the Department in writing, that construction of the Project has been completed, or for all
Project work that originally required certification by a professional engineer, this notification shall be signed and
sealed by a professional engineer, the form of which is attached as Exhibit I, Final Inspection and Acceptance
of Federal Aid Project. If any deviations are found from the approved plans, the certification shall include a list of
all deviations and the justification for each deviation.
I. As-Built Plans. The Recipient shall provide the Department with as-built plans of any portions of
the Project funded through the Agreement prior to final inspection.
14. Use and Maintenance Obligations.
a. Public Use. The Recipient shall use the Project facilities and equipment 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 applicable federal requirements.
b. Maintenance. If the Project includes construction, the provisions of this paragraph are part of this
Agreement. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life and in accordance with all federal requirements applicable to
the subaward of federal funds under this Agreement. If the Recipient constructs any improvement on Department
right-of-way, the Recipient
❑ shall
❑ shall not
maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right-of-way beyond final acceptance, the
Recipient shall, prior to any payment under this Agreement, also execute a Maintenance Memorandum of
Agreement in a form that is acceptable to the Department. This provision will survive termination or expiration of
this Agreement.
15. Project Property.
a. Federal Requirements. The title, acquisition, use, management, and disposition of all property
acquired or constructed with grant funds under this Agreement shall be governed by applicable federal law, rule,
and guidance including without limitation, the provisions of 2 CFR Part 200.
b. Tangible Personal Property.
® This Agreement does not involve the purchase of Tangible Personal Property, as defined in
Chapter 273, Florida Statutes.
C. Disposal. If the Recipient disposes of any Project facility or equipment, acquired in whole or in part
with the federal financial assistance provided under this Agreement, during its useful life for any purpose except its
replacement with like facility or equipment for public transportation use, the Recipient will comply with the terms of 2
CFR Part 200 relating to property management standards. Except as otherwise provided in 2 CFR Part 200, the
Recipient agrees to remit to the Department a proportional amount of the proceeds from the disposal of such facility
or equipment. Such proportional amount shall be determined on the basis of the ratio of the Department financing of
the facility or equipment provided under this Agreement to the total cost of such facility or equipment. Sale of Project
property developed or acquired with Department funds shall be at market value as determined by appraisal or public
bidding process, and the contract and process for sale must be approved in advance by the Department. If any
portion of the proceeds from the sale to the Recipient are non-cash consideration, reimbursement to the Department
shall include a proportional amount based on the value of the non-cash consideration.The Recipient must remit such
proportional amount to the Department within ninety (90) days after the official date of disposal. The terms of this
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paragraph shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired,
or Project items acquired, construed or installed with the proceeds of the subaward provided under this Agreement,
except that the terms of this paragraph shall have unlimited duration with respect to real property acquired with the
proceeds of the subaward provided under this Agreement.
16. Restrictions, Prohibitions,Controls,and Labor Provisions.During the performance of this Agreement,
the Recipient agrees as follows, and shall require the following provisions to be included in each contract and
subcontract entered into pursuant to this Agreement:
a. Convicted Vendors. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
b. Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity.
C. Certificates of Qualification. An entity or affiliate who has had its Department issued
certificate of qualification suspended, revoked, denied or have further been determined by the Department to be a
non-responsible contractor or consultant may not submit a bid or perform work on a contract with the Recipient,
including the design, construction or repair of a public building or public work.
d. Code of Conduct. The Recipient has established, and will maintain, a written code or standard
of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that
prohibits their involvement in the selection, award, or administration of any contract in connection with the Project
if they have a present or potential financial or other significant interest therein and prohibits the acceptance of
any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of
work on the Project.
e. Debarment and Suspension. The Recipient must comply with the provisions in 2 CFR Part 180
OMB Guidelines to Agencies on Government Debarment and Suspension (Non-procurement)and 2 CFR Part 1200
DOT Non-procurement Suspension and Debarment. These provisions restrict federal awards, subaward and
contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation
in federal programs or activities. The Recipient shall not enter into any arrangement to participate in the
development or implementation of the Project with any person or entity that is debarred or suspended except as
authorized by applicable Federal law and regulations. If required by applicable federal law and regulations, the
Recipient will review the U.S. GSA System of Award Management at https://www.sam.gov. The Recipient shall
include the requirements of this paragraph in each of its contracts related to the Project and shall require its
contractors and consultants to include similar requirements in each of their contracts related to the Project.
Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its
contractors and subcontractors to comply with, all requirements imposed by applicable federal,state, and local laws
and regulations, including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 CFR Part 29, and 2 CFR Part 200 when applicable.
f. Human Trafficking. The Recipient shall include a provision in each contract it enters into with a
private entity in connection with the Project by which the Recipient's contractor agrees that it and its employees that
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perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons,
procure a commercial sex act, or use forced labor in the performance of work on the Project.
g. Unauthorized Aliens. The Department shall consider the employment by the Recipient of
unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the Recipient knowingly
employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.
h. Contract Work Hours and Safety Standards. Where applicable, all contracts funded under this
Agreement in excess of$100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part
5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
i. E-Verify. The Recipient shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Recipient during the term of the Agreement; and
ii. Expressly require any contractors and subcontractors performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the contractor or
subcontractor during the Agreement term; and
iii. Adhere to requirements in section 448.095, Florida Statutes.
17. Indemnification and Insurance.
a. Indemnification. It is specifically agreed between the Parties executing this Agreement that it is
not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof,
a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient
guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the
Recipient or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and
as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Recipient shall indemnify and
hold harmless the Department, including the Department's officers and employees,from liabilities,damages, losses,
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness,or intentional wrongful misconduct of the Recipient and persons employed or utilized by the Recipient
in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a
waiver of the Department's or Recipient's sovereign immunity, nor shall the same be construed to constitute
agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its
officers, agents, or employees, or for the acts of third parties. This indemnification shall survive the termination of
this Agreement.
b. Recipient Contracts. Recipient agrees to include the following indemnification clause in all
contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this
Agreement (modified to appropriately identify the parties):
"To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify, defend, and hold
harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers
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and employees, from liabilities,damages, losses and costs, including, but not limited to, reasonable attorney's fees,
to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant
and persons employed or utilized by the contractor/consultant in the performance of this Agreement.
The foregoing indemnification shall not constitute a waiver of the Department's or the Recipient's sovereign
immunity. Nor shall the same be construed to constitute agreement by Recipient's contractor/subconsultant to
indemnify the Recipient for the negligent acts or omissions of the Recipient, its officers, agents, or employees, or
for the acts of third parties. Nor shall the same be construed to constitute agreement by Recipient's
contractor/subconsultant to indemnify the Department for the negligent acts or omissions of the Department, its
officers, agents, or employees, or for the acts of third parties
This indemnification shall survive the termination of this Agreement."
C. Workers' Compensation. The Recipient shall provide Workers' Compensation Insurance in
accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the
Recipient shall ensure that its contractors have Workers' Compensation Insurance for their employees in
accordance with Florida's Workers'Compensation law. If using "leased employees"or employees obtained through
professional employer organizations ("PEO's"), the Recipient shall ensure that such employees are covered by
Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental
agreements that include operators or other personnel who are employees of independent contractors, sole
proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law.
d. General Liability. If the Recipient elects to self-perform the Project, and such self-performance is
approved by the Department in accordance with the terms of this Agreement, the Recipient may self-insure and
proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant
to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General
Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard
Commercial General Liability Coverage Form(ISO Form CG 00 01)as filed for use in the State of Florida. Recipient
shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The
coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance
and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not
be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive
of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to
the work or operations performed under the Agreement, and may not be shared with or diminished by claims
unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such
deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be
subject to a Retention or a Self-Insured Retention unless the Recipient is a state agency or subdivision of the State
of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods
which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of
Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten
days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage
described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD
Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor
serve as a waiver of any rights or defenses the Department may have.
e. Railroad Protective Liability.When the Agreement includes the construction of a railroad grade
crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad
right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-
way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure
and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35)where the railroad is the Named Insured
and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage
per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added
along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above.
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Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work,
both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting
the coverage described herein.The insurance described herein shall be maintained through final acceptance of the
work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of
cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval
or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation
to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may
have.
f. Utilities. When the Agreement involves work on or in the vicinity of utility-owned property or
facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General
Liability policy/ies procured above.
18. General Federal Requirements. The Recipient acknowledges that federal grant requirements are subject
to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all
times.
a. Governing Regulations. In performing the Project, the Recipient agrees to comply with all
applicable requirements of 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards." If applicable to the award of funds to the Recipient pursuant to this Agreement,
the Recipient will comply with all applicable requirements of the current Federal Transit Administration Master
Agreement. The Recipient certifies that its procurement system complies with the requirements of this paragraph.
The Recipient agrees to include adequate provisions to ensure compliance with applicable federal requirements in
each lower tier third party contract financed in whole or in part with financial assistance under this Agreement
including all applicable provisions of this Agreement
b. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex,
handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise
subjected to discrimination under this Agreement, or any project, program, or activity that receives or benefits
from this Agreement. The Recipient agrees to comply with Executive Order (E.O.) 11246, as amended by E.O.
11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity
Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference.
In connection with the carrying out of the Project, the Recipient shall not discriminate against any employee or
applicant for employment because of race, age, creed, color, sex or national origin and will comply with all Federal
statutes and implementing regulations relating to nondiscrimination. The Recipient 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
pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient shall insert
the foregoing provision modified only to show the particular contractual relationship in all its contracts in
connection with the development or operation of the Project, except contracts for standard commercial supplies or
raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the Project involves installation,construction,
demolition, removal, site improvement, or similar work, the Recipient 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.
C. Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that
the Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d, et seq.), and the regulations of the Federal Department of Transportation issued thereunder. The Recipient
shall include the attached Exhibit C, Title VI Assurances, in all contracts with consultants and contractors
performing work on the Project.
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d. Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that
the Recipient will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color,
national origin, creed, sex, and age.
e. Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a
certification that the Recipient will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et seq.),
the regulations of the federal government issued thereunder, and the assurance by the Recipient pursuant thereto.
f. Federal Financial Assistance Policy to Ban Text Messaging While Driving. As used in this
paragraph:
"Driving"-Means operating a motor vehicle on an active roadway with the motor running, including while temporarily
stationary because of traffic, a traffic light, stop sign, or otherwise. Does not include operating a motor vehicle with
or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a
location where one can safely remain stationary.
"Text messaging"- means reading from or entering data into any handheld or other electronic device, including for
the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include
glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before driving or while
stopped in a location off the roadway where it is safe and legal to park.
This section implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving,
dated October 1, 2009.
The Recipient should-
Adopt and enforce policies that ban text messaging while driving- (i) Recipient-owned or -rented vehicles or
government-owned vehicles; or (ii) Privately-owned vehicles when on official government business or when
performing any work for or on behalf of the government.
Conduct initiatives in a manner commensurate with the Recipient's size, such as- (i) Establishment of new rules
and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education,
awareness, and other outreach to employees about the safety risks associated with texting while driving.
Sub-agreements/sub-contracts. The Recipient shall insert the substance of this section, including this sentence, in
all sub-agreement/subcontracts funded with the subaward provided under this Agreement that exceed the Federal
Highway Administration micro-purchase threshold.
g. Integrity Certification. By signing this Agreement, the Recipient certifies that neither it nor its
participants is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in this Agreement by any federal department or agency. This certification is a material
representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that
the Recipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal
government, the Department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment. The Recipient shall provide to the Department immediate written notice if
at any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
h. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions
and results developed, produced, or discovered by this Agreement are governed by the terms of 2 CFR, Section
200.315, Intangible Property.
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i. Certification of Restrictions on Lobbying Disclosure. The Recipient certifies to the best of its
knowledge and belief that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Recipient, to any person or organization 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 federally-appropriated funds have been paid by the Recipient 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 Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
The Recipient acknowledges that the certifications made in this section are material representations of fact upon
which the Department is relying in entering into this Agreement.
The Recipient 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 subrecipients shall certify and disclose accordingly.
j. Buy America. The Recipient agrees to comply and require its consultants and contractors to
comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act regarding the
use of steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR
635.410, as amended. The Recipient shall ensure that all manufacturing processes for this material occur in the
United States.
k. Federal Certification and Assurances; Execution and Incorporation. The Recipient agrees to
comply with and to certify compliance with all current federally required certifications and assurances for the grant
program under which the federally funded subaward provided by this Agreement is made.
I. Environmental Regulations. Execution of this Agreement constitutes a certification by the
Recipient that the Project will be carried out in accordance with all applicable environmental regulations including
the securing of any applicable permits. The Recipient 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. Without limiting the generality of the
foregoing, in connection with the Project, the Recipient will not use any facilities that are in violation of the Clean Air
Act or the Federal Water Pollution Control Act,will report the use of facilities placed on or likely to be placed on the
U.S. EPA"List of Violating Facilities", will report the use of prohibited facilities to the Federal Transit Administration
and the Regional U.S. EPA Office, and shall comply with Section 306 of the Clean Air Act, as amended, 42 U.S.C.
§7606, and other requirements of the Clean Air Act, as amended,42 U.S.C. §§7401 -7671 q, and the requirements
of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 — 1377.
M. Performance Evaluations (2 CFR 200.331). Recipients are evaluated on a project-by-project
basis. The evaluations provide information about oversight needs and provide input for the monitoring and risk
process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the
Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after
project close out.
19. Miscellaneous Provisions.
a. Compliance with Conditions and Laws. The Recipient shall comply and require its
contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal,
state, and local laws and regulations applicable to this Project.
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b. Compliance with Public Records Laws.The Recipient agrees to comply with all provisions
provided in Chapter 119 Florida Statutes. If the Recipient receives a public records request concerning its
work undertaken pursuant to this Agreement, the Recipient must take appropriate action as required by
Chapter 119, Florida Statutes. The Department reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient, contractor, sub-contractor, or materials vendor to comply with the provisions of
Chapter 119, Florida Statutes.
C. Prohibited Interests. The Recipient shall not enter into a contract or arrangement in connection
with the Project or any property included or planned to be included in the Project, with any officer, director or
employee of the Recipient, or any business entity of which the officer,director or employee or the officer's, director's
or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or
employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material
interest.
i. "Material Interest"means direct or indirect ownership of more than 5%of the total assets or capital stock
of any business entity.
ii. The Recipient shall not enter into any contract or arrangement in connection with the Project or any
property included or planned to be included in the Project, with any person or entity who was
represented before the Recipient by any person who at any time during the immediately preceding
two (2) years was an officer, director or employee of the Recipient.
iii. The provisions of this subsection shall not be applicable to any agreement between the Recipient and its
fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the
government, or any agreement between the Recipient and an agency of state government.
d. Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to
the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the
Agreement or any benefit arising therefrom.
e. Department Not Obligated to Third Parties. The Department shall not be obligated or liable
under this Agreement to any party other than the Recipient. It is specifically agreed between the Parties executing
this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public
or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this
Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this
Agreement.
f. Relationship of Parties. The Recipient, its employees, contractors, subcontractors, consultants,
and subconsultants are not agents of the Department as a result of this Agreement.
g. When Rights and Remedies Not Waived. In no event shall the making by the Department of any
payment to the Recipient 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 Recipient, 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.
h. Governing Law.This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
i. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained in
this Agreement, unless the omission of the invalid or unenforceable provision would cause this Agreement to violate
any applicable law or fail its fundamental purpose.
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j. Bonus or Commission. By execution of the Agreement the Recipient 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.
k. Notices. Any notice, demand, or request which is required to be given under this Agreement in
writing shall be delivered to the following addresses:
Contact Names and Addresses:
Recipient: Monroe County Planning & Environmental Resources Department
Address: 2798 Overseas Highway, Suite 400
Marathon Florida 33050
Contact Name: Emily Schemper
Contact Telephone: 305-453-8772
Florida Department of Transportation
Address: Planning & Environmental Management Office
District 6, Adam Leigh Cann Building
1000 NW 111th Ave
Miami Florida 33172
Contact Name: Curlene Thomas
Contact Telephone: 305-470-5408
I. Agreement Format. All words used in this Agreement in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
m. JURY TRIAL WAIVER. THE BORROWER AND THE DEPARTMENT HEREBY IRREVOCABLY
AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO
THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
n. 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.
o. State Lobbying. No funds received pursuant to this Agreement may be expended for lobbying
the Legislature, the judicial branch or a state agency.
P. Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida
Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
q. Agreement not Assignable. The Recipient may not assign any of its rights or obligations under
this Agreement.
r. Amendments. This Agreement may not be amended, except by a writing signed by both Parties.
20. Exhibits.
a. Exhibits "A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement.
b. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative
Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial
Provisions, is attached and incorporated into this Agreement.
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SUBRECIPIENT GRANT AGREEMENT Page 21 of22
c. ❑ For project phases including but not limited to Phase 58 (construction), equipment installation
activities, or force account work completed by a railroad or utility, Exhibit "I", Final Inspection and
Acceptance of Federal-Aid Project, is attached and incorporated into this Agreement.
d. ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "O",
Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated
into this Agreement.
e. ❑ The following Exhibit(s) are attached and incorporated into this Agreement:
f. Exhibits and Attachment.
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
*Exhibit H: Alternative Advance Payment Financial Provisions
*Exhibit I: Final Inspection and Acceptance of Federal-Aid Project
*Exhibit O: Terms &Conditions of Construction in Department Right of Way
*Additional Exhibit(s):
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
[signatures on following page]
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-70
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
RECIPIENT Monroe County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Craig Cates Name:
Title: Title:
ATTEST: KEVIN MADOK, CLERK
By. Legal Review:
As Deputy Clerk
MONRbE COlJKrV ATTORNEY
CHR&STrNL UMBESEL8'BARROW?S
As rmnTr 3y /2�3T ORNL
22
Alt Form 525-010-70A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OA
FEDERAL HIGHWAY FUNDS SUBRECIPIENT GRANT AGREEMENT PROGRAM MANAGEMENT0521
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
A. Project Description: Monroe County Long Range Transportation Plan
B. Project Scope:
Task 1. Transportation Planning Consultant Support
The Purpose of this task is to provide funding assistance for the transportation planning consultant to support
the Monroe County Transportation Planning Program. This support will provide assistance for general
transportation planning and analysis activities. The activities will include short and long range transportation
planning, plan updates, planning studies, traffic operational analyses, data collection, technical support, and
review of development proposals. The activities may also include bicycle and pedestrian planning and
analysis, scenic highway planning, coordination, and designation activities, and other activities necessary to
support the transportation planning program of Monroe County.
The Monroe County staff will administer the consultant contract, issue task work orders, review consultant
products and progress reports, prepare invoices for the submission to the Department, and participate in
transportation planning, analysis, and data collection activities as necessary.
Task 2. Transportation Planning Staff Assistance
The purpose of this task is to provide funding assistance for the transportation planning staff positions to
support the Monroe County Transportation Planning program. The transportation planning program will
include short and long range transportation planning, plan updates, planning studies, traffic operational
analyses, data collection, technical support, and review of development proposals. The activities may also
include bicycle and pedestrian planning and analysis, scenic highway planning, coordination, and designation
activities, and other activities necessary to support the transportation planning program of Monroe County.
The transportation planning staff responsibilities will include all activities necessary to carry out the
Transportation Planning program of the County, such as coordination and meeting with the Department on a
quarterly basis, and managing the work activities of the consultant.
The transportation planning staff will provide a variety of administrative tasks including, but not limited to the
following: administer the consultant contract; participate in the consultant selection process; oversee the
transportation planning consultant activities; issue task work orders; review consultant work products; review
consultant progress reports, and prepare quarterly reports for the Department; meet with the Department's
project manager quarterly; prepare invoices for submission to the Department (in a Department approved
format); and generally manage the transportation planning program of the County.
C. Deliverable(s):
• Quarterly progress reports
• Draft and final copies of studies and reports completed by consultant for efforts funded under this agreement
Page 1 of 1
Alt Form 525-010-70B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-013
PROGRAM
MANAGEMENT
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EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME& BILLING ADDRESS: FINANCIAL PROJECT NUMBERS:
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway, Suite 400 252228-2-14 01
Marathon, Florida 33050
A. Fund Type and Fiscal Year:
L Project Cost: $600,000.00
------------------------------------------------
II. Participation:
Maximum Federal Participation in this Agreement $525,000.00
FHWA SA(Fiscal Year 2023) $262,500.00
FHWA SA(Fiscal Year 2024) $262,500.00
Maximum County Participation in this Agreement $75,000.00
Monroe County LF (Fiscal Year 2023) $ 37,500.00
Monroe County LF (Fiscal Year 2024) $ 37,500.00
Total Project Cost $600,000.00
The recipient may distribute funds between Tasks 1 and 2 as needed to effectively complete the project.All transportation planning
activities will be documented in the quarterly progress report to the Department.
Eligible Tasks* FY 2023 FY 2024 Total Cost
Task 1
Consultant Fees $50,000.00 $50,000.00 $100,000.00
Unanticipated Cost for Transportation Issues $50,000.00 $50,000.00 $100,000.00
Task 2
Transportation Planning Manager $100,000.00 $100,000.00 $200,000.00
Growth Management Transportation Planner $100,000.00 $100,000.00 $200,000.00
Total Project Costs Eligible for Reimbursement by the Department $262,500.00 $262,500.00 $525,000.00
Total Monroe County Contribution $37,500.00 $37,500.00 $75,000.00
Grand Total $300,000.00 $300,000.00 $600,000.00
*Eligible tasks amounts are estimates and can be shifted between items without amendment to the Agreement
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable,and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
District Grant Manager Name
Signature Date
Alt Form 525-010-70C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OC
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Page 1 of 2
EXHIBIT C
TITLE VI
ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and
successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows:
1. Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the basis of race, color, national origin, or sex in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the contract covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis
of race, color, national origin, or sex.
4. Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information the contractor shall so certify to the Florida Department of
Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration
may determine to be appropriate, including, but not limited to:
a. withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (7) in every sub-contract, including procurements of materials and leases of equipment,
unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall
take such action with respect to any sub-contract or procurement as the Florida Department of
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Transportation or the Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance, provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or
supplier as a result of such direction, the contractor may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department of
Transportation, and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
7. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,
national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age
Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil
Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not); Titles II and III of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the
basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs, policies, and activities
with disproportionately high and adverse human health or environmental effects on minority and
low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as
amended, which prohibits you from discriminating because of sex in education programs or
activities (20 U.S.C. 1681 et seq).
Alt Form 525-010-70D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OD
FEDERAL HIGHWAY FUNDS SUBRECIPIENT GRANT AGREEMENT PROGRAM MANAGEMENT
OS/21
Page 1 of 1
EXHIBIT D
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
Alt Form 525-010-70E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OE
FEDERAL HIGHWAY FUNDS SUBRECIPIENT GRANT AGREEMENT PROGRAM MANAGEMENT
OS/21
Page 1 of 1
EXHIBIT E
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program httcs://beta.sam. ov/fa 1/1093726316c 40 a0e50f4c75f5ef2c6/view°?key ords=20.205&sort®-
Site: relevance&index=cfda&is active=true&cafe®1
Award Amount: $525,000.00
Awarding Florida Department of Transportation
Agency:
Award is for No
R&D:
Indirect Cost N/A
Rate:
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE
FOLLOWING:
2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal
Awards
http -//www.ecfr. ov/cqi-bin/text-idx?node=2:1.1.2.2.1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23— Highways, United States Code
hqL-.//uscode.house.gov/browse/prelima,title23&edition= relim
Title 49—Transportation, United States Code
hqLe//uscodeehouseegov/browse/prelim title49&edition=prelim
Map-21 — Moving Ahead for Progress in the 21 st Century, Public Law 112-141
h 1.pdf
Federal Highway Administration — Florida Division
http://www.fhwa.dot.gov/fidiv/
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
hqLqL//www.fsrs.gov/
Alt Form 525-010-70F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF
FEDERAL HIGHWAY FUNDS SUBRECIPIENT GRANT AGREEMENT PROGRAM
MANAGEMENT
05/21
Page 1 of 2
EXHIBIT F
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall
be submitted for each amount for which reimbursement is being claimed indicating that
the item has been paid. Documentation for each amount for which reimbursement is
being claimed must indicate that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the
dates of service. Only expenditures for categories in the approved agreement budget may
be reimbursed. These expenditures must be allowable (pursuant to law) and directly
related to the services being provided.
Listed below are types and examples of supporting documentation for cost
reimbursement agreements-
Salaries: Timesheets that support the hours worked on the project or activity must be
kept. A payroll register, or similar documentation should be maintained. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe benefits: Fringe benefits should be supported by invoices showing the amount
paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception- Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which
includes submission of the claim on the approved state travel voucher along with
supporting receipts and invoices.
Other direct costs: Reimbursement will be made based on paid invoices/receipts and
proof of payment processing (cancelled/processed checks and bank statements). If
nonexpendable property is purchased using state funds, the contract should include a
provision for the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C.,
regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in s. 273.02, F.S., for
subsequent transfer to the State.
Indirect costs: If the contract stipulates that indirect costs will be paid based on a
specified rate, then the calculation should be shown. Indirect costs must be in the
approved agreement budget and the entity must be able to demonstrate that the costs
are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for
reasonableness and for allowability and must be allocated consistently.
Contracts between state agencies may submit alternative documentation to
substantiate the reimbursement request,which may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
https://www.myflorid cfo.com/Division/AA/Manuals/documents/ReferenceGuideforState
x�enditures.pdf.