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Item S04
BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: 2023-1682 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag No AGENDA ITEM WORDING: SUSTAINABILITY: Approval of a $513,000 revenue Agreement with the Florida Department of Transportation to fund the Non-Federal Sponsor's (Monroe County) 35% share of the projected $1,465,000 cost of the design and permitting of the U.S. 1 shoreline revetments as part of the Florida Keys Coastal Storm Risk Management Project developed by the U.S. Army Corps of Engineers (USAGE) and approved by the U.S. Congress for reducing coastal storm risk vulnerability in the Florida Keys. ITEM BACKGROUND: This item is for the design and permitting of shoreline stabilizations along U.S. 1, which is a sub portion of the overall Project developed by the U.S. Army Corp of Engineers. The U.S. 1 revetments portion of the Project includes 5,500 feet of the roadway shoreline, identified in the plan as vulnerable to coastal erosion and wave energy. The revetments would stabilize the shoreline and reduce the risk of washout. There are six (6)revetment sites proposed for design in the overall Project: 1. West Summerland Key, approximate MM 34; 2. Bahia Honda Key, approximate MM 37; 3. Long Key, approximate MM 67; 4. Fiesta Key West, approximate MM 70; 5. Fiesta Key East, approximate MM 70.3; and 6. Indian Key Fill, approximate MM 79.5. FDOT is committed to fund the design and specifications for improvements at four (4) of the six (6) sites within the FDOT right-of-way along US-1: 1. Indian Key Fill, 2. Fiesta Key West, 3. West Summerland Key, and 4. Bahia Honda. This Agreement does not provide funding for the design and specifications for improvements at either the Fiesta Key East (already completed) or Long Key(work completely contained in Florida Department of Environmental Protection state park.) 1 The current estimated cost for the design and permitting of the shoreline stabilizations is $1,465,000, with the USACE's 65% federal share of such costs projected to be $952,000, and the 35%Non-Federal Sponsor's (Monroe County) share projected to be $513,000. This Agreement is for the design and permitting only. By this Agreement, FDOT will pay the 35%Non-Federal Sponsor's share. Separate agreements will be presented to FDOT in the future for the construction, which is currently estimated at $24,814,000, with the USACE's 65% share of such costs projected to be $16,129,000 and the Non- Federal Sponsor's (Monroe County) 35% share projected to be $8,685,000. The majority of the work is projected to be funded by FDOT for work in the four referenced sites and minority funded by FDEP for work in Long Key. FDEP is anticipated to fund the local share of the cost for the Long Key revetment work. Grand Total U.S. Route 1 Shoreline Stabilization $24,814,000 1. West Summerland Key Alignment $2,509,000 2. Bahia Honda Key Alignment $5,803,000 3. Long Key Alignment (DEP) $4,557,000 4. Fiesta Key West Alignment $5,041,000 5. Fiesta Key East Alignment $3,452,000 6. Indian Key Fill Alignment $3,452,000 The shoreline stabilizations are included in the overall Project for the following reasons: (1)If U.S. Route 1 is damaged during a coastal storm event, the inability to travel by automobile between the islands and/or to the Florida mainland would likely increase mortality of the approximately 6,000 residents in the Keys that would not evacuate. The revetments would stabilize the shoreline and reduce the risk of washout. (2) Residents unable to leave the islands due to U.S. Route 1 damage would be subjected to prolonged power loss and reduced or no access to emergency services and medical care which are two major contributing factors to fatalities following a storm event. (3) Damage to U.S. Route 1 also prevents the residents who followed evacuation orders from returning to their homes and businesses and delays post-storm cleanup and repair efforts, which can exacerbate damage initially caused by the storm and hinder community recovery after a storm event. Federal funds were provided in the Energy and Water Development and Related Agencies Appropriations Act, 2023, Public Law 117-328 to initiate design of the Florida Keys, Monroe County Coastal Storm Risk Management Project. Section 103 of the Water Resources Development Act of 1986, as amended(33 U.S.C. 2213), specifies the cost-sharing requirements applicable to construction of the Project, and Section 105(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(c)),provides that the costs of design shall be shared in the same percentages as construction of the Project. Based on the Project's primary purpose of coastal storm risk management, the parties agreed that the Non-Federal Sponsor would contribute 35 percent of the design costs under this Agreement. On December 26, 2022, after passing through the U.S. Congress and federal lawmakers, President Biden signed into law authorization of the U.S. Army Corps of Engineers (USAGE) $2.7 billion FL Keys Coastal Storm Risk Management Project for resiliency. On December 30, 2022, an initial appropriation of nearly $1 million was approved in the federal 2 omnibus spending bill to fund the planning, engineering, and design of six U.S. 1 stabilization projects in the FL Keys Coastal Storm Risk Management Project, the first phase of the Project. Further appropriations for the Project will require separate, annual approvals by Congress. Staff worked with USACE and local stakeholders for the past four years to move the project forward, including numerous public meetings to discuss the project. They then worked with the County's legislative team and elected officials to move the project authorization and appropriation through Congressional approval. Based on the results of the three-year USACE Coastal Storm Risk Management Feasibility Study, the approved Project plans for the economic, environmental, and social effects of coastal storms and sea- level rise. The overall Project includes: 1) Hardening of up to 6 areas along the shoreline of U.S.1; 2) Dry flood proofing of up to 43 (governmental-owned) critical infrastructure and 1052 commercial buildings, and 3) Elevating up to 4,698 residential residences. The total project estimate is $2.7 billion, split 65% federal($1.7 billion) and 35% non-federal ($955 million). The following can provide the non-federal share of funds: State, County, Municipalities, Residents and Business Owners, and Other non-federal entities. The County will be executing a Project Partnership Agreement (PPA)with the USAGE, and intends to sign sub-agreements with FDOT and FDEP for the US 1 revetment work, and with the five municipalities for home elevation and floodproofing work to fund work performed within the cities. The PPA is the cost share agreement that defines the responsibilities of the non-federal sponsor and federal government for project implementation. Numerous PPAs are anticipated as funding from Congress is anticipated to be piecemeal over the course of several years. History: On September 24, 2021, Lieutenant General Scott A. Spellmon of the Department of the Army signed the Chief of Engineers Report for the Florida Keys Coastal Storm Risk Management Project, formally authorizing the Project. (Attachment included). The report was subsequently submitted to Congress. The Chief of Engineers Report serves as the basis for the authorization of the Recommended Plan by Congress. Once the Recommended Plan is authorized and funds are appropriated, the federal government finances 65% of the total project cost. The County and the municipalities would be responsible for 35%. The County submitted a preliminary assessment of priorities in a letter dated January 22, 2021. The Plan included measures located in each of the five municipalities, and Interlocal Agreements will be required to formalize participation under the County's PPA with the USAGE. Total Project Cost(65/35 cost share): $2,730,201,000 65% federal funding of project= $1,774,631,000 35% non-federal funding of project= $ 955,570,000 PREVIOUS RELEVANT BOCC ACTION: 09/19/18: Approval to enter into a Study Agreement with the U.S. Army Corps of Engineers to initiate a study partnership to investigate storm and sea level rise vulnerability for the U.S. 1 corridor in Monroe County, funded up to $3 Million by the USAGE; also, ratification of the Letter of Intent submitted by the County Administrator; request for Chief Financial Officer to sign the Self-Certification of Financial Capability; and authority for the County Attorney and the Mayor to sign related documents. 3 05/22/19: Presentation update on the partnership agreement with the U.S. Army Corps of Engineers for investigating storm and sea level rise vulnerability for the Florida Keys to provide the recommended list of alternatives for moving forward. 02/06/20: Presentation under the partnership agreement with the U.S. Army Corps of Engineers (USAGE) for investigating coastal storm risk vulnerability for the Florida Keys, to present and discuss the list of alternatives under the details of the recommendation for the Tentatively Selected Plan for Monroe County as developed by the USAGE. 05/20/20: Approval of preferred alternative and its options for the Tentatively Selected Plan developed by the U.S. Army Corps of Engineers (USAGE)under the partnership agreement with USACE for investigating coastal storm risk vulnerability for the Florida Keys. 06/17/20: Discussion and direction of the preferred alternative and its options, including input from the municipalities, for the Tentatively Selected Plan developed by the U.S. Army Corps of Engineers (USAGE) under the partnership agreement with USACE for investigating coastal storm risk vulnerability for the Florida Keys. 10/21/20: Discussion and presentation of the newly revised $5.5 Billion preferred alternative developed by the U.S. Army Corps of Engineers (USAGE) and the option for the County to select a Locally Preferred Plan under the partnership agreement with USACE for investigating coastal storm risk vulnerability for the Florida Keys. 02/17/21: Discussion and direction of the final revised $2.6 Billion preferred alternative developed by the U.S. Army Corps of Engineers (USAGE) for reducing coastal storm risk vulnerability for the Florida Keys; and approval of the Letter of Support and Financial Certification that are required in order to complete the feasibility study, authorizing Ms. Boan to sign the Financial Certification and Mr. Gastesi to sign the Letter of Support. 11/17/21: Presentation and discussion of the next steps of the $2.772 Billion Plan developed by the U.S. Army Corps of Engineers (USAGE) for reducing coastal storm risk vulnerability for the Florida Keys. 02/15/23: Update,presentation and discussion of the $2.7 Billion FL Keys Coastal Storm Risk Management Project developed by the U.S. Army Corps of Engineers (USAGE) and approved by the U.S. Congress for reducing coastal storm risk vulnerability in the Florida Keys. [SUBMITTED: 10/18/23: Approval of a $1,465,000 Design Agreement with the United States Army Corps of Engineers (USAGE), with the USACE's share of such costs projected to be $952,000, and the Non-Federal Sponsors (Monroe County) share projected to be $513,000, for the design and permitting of the U.S. 1 shoreline revetments as part of the Florida Keys Coastal Storm Risk Management Project developed by the U.S. Army Corps of Engineers (USAGE) and approved by the U.S. Congress for reducing coastal storm risk vulnerability in the Florida Keys.] CONTRACT/AGREEMENT CHANGES: Not applicable- funding agreement only. STAFF RECOMMENDATION: Approval. 4 DOCUMENTATION: USAGE Presentation Monroe County FL Keys—BOCC Item N-8.pdf FDOT Design(Funding)Agreement - for execution.pdf FINANCIAL IMPACT: Effective Date of contract: Upon Execution Expiration Date: Two Years Total Dollar Value of Project: $1,465,000 Total Cost to County: $0 Current Year Portion: $0 Budgeted: No Source of Funds: FDOT and FDEP CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: N/A Local Match: 35% Insurance Required: FDOT has requested Workers Comp insurance be provided by the County. Additional Details: The County will pay the invoices submitted by the USACE for the work, and then seek reimbursement from FDOT. 5 WAl t� r� 10, J �m co mod r,G 7 ti,vi� 01 D�lii' w IIW "INC CO La INC AR IIION lima ® /i� / Off / r / r o / / 'ro r /o i O r - Il r rid / i/ / „ ; IIIII uuu uuuuum �/ u 11 a "s cJAMM gg III Q. 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L J uuuuuuuuu m � � ' Illllliiiiii�um "Ad ' m 3 ........ ewe O ...... p u 00 OW u LOiz IIIIIIIIII -ae O y O IIIIIIIICL06 CL I� W > O IIIIIIII IIII�� ��� � 2 � �1 IIIIIIII � � LJJ W y � s r' IIIIIIII � uumfimmu uuuuuuuuuuuuuuuuuuuuuuuuuuumiM1uuuuuuuuuuuuuuuuuuuuuuuuumliiiouu � � Oco IIII iuuu - LU Q o E %i "% WAl t� r� 10, J �m CA ..... .... .......... .......... .�/,,�,�': r a r r t � o f wul N r I��� m����m I � IIIIIIIIIIIIIIIII ! r� uuuuuuuu �' � I���I � IIIIIIIIIIIIIIIII ,M° �'� iiiilllll ,fi,. ii f rr IIIII IIII �iiii� �� � Iliiiii�iilillillllillllill �;, iiuuuuuuuuu � , 6, i i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT FPN:454029-1-38-01 Fund: FLAIR Category: Org Code: FLAIR Obj: FPN: Fund: FLAIR Category: Org Code: FLAIR Obj: County No: Contract No: Vendor No: This Project Funding 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 the Florida (the"Department")and Monroe County, a governmental entity existing under the laws of the State of Florida(the "Agency") (each a"Party" and collectively, the "Parties"). The Parties agree as follows: 1. Authority. Section 339.12, Florida Statutes, authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a highway project or project phase in the Department's adopted work program that is not revenue producing and the Department agrees to reimburse the other governmental entity for the costs of the project. Section 339.12(4), Florida Statutes, also authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a project or project phase not included in the adopted work program, but which is a high priority of the governmental entity, reimbursement for the costs of which may be made by the Department from funds appropriated by the Legislature pursuant to section 339.135(5), Florida Statutes. The governing body of the Agency has authorized the Agency to perform the project or project phase identified in this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide the terms and conditions under which the Agency will perform the "Project." The Project is more particularly described in Exhibit A to this Agreement. 3. The Project. The Agency 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 Agency and provides a proposed schedule for the Project. The Project scope in Exhibit A 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 Agency for the design phase or other non-construction phases of the Project. 4. Term of Agreement. The term of this Agreement and the period for performance of the Project under this Agreement shall be for two (2) years from the Effective Date (the "Completion Date"). If the Agency 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. Page 1 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT 5. Project Costs. a. The estimated cost of the Project is $ 1,465,000 (the "Project Estimate"), and is allocated among the Project activities in the Project Budget in Exhibit B. An amendment to this Agreement is required for any re- budgeting of Project funds provided under this Agreement. b. The total Department funding available for the Project is Five Hundred and Thirteen Thousand Dollars ($ 513,000.00), as more fully described in Exhibit B. The Department Funding may be increased or reduced following receipt of the actual bid amounts for the Project by execution of an amendment to this Agreement. The Agency agrees to bear all costs it incurs to complete the Project in excess of the Department Funding. C. Project costs incurred by the Agency prior to the Effective Date or after the Completion Date or other termination of this Agreement will not be eligible for reimbursement by the Department. If the Project is not included in the first year of the Department's adopted work program for the state fiscal year that includes the Effective Date, it is understood that Department participation in eligible Project costs is subject to: i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 7.g. and Th. of this Agreement; and iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement. 6. Requests for Reimbursement. a. Requests for reimbursement by the Agency 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 invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit C, Contract Payment Requirements. Requests for reimbursement and supporting documentation shall be submitted by the Agency 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 Agency. Supporting documentation must also establish to the Department Project Manager's satisfaction that deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed and criteria for evaluating successful completion have been met. The Agency shall submit requests for reimbursement to the Department no less than once every 365 days. If the Agency fails to submit quarterly invoices to the Department, and such failure results in the loss of state appropriation authority, the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. Page 2 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT b. The Agency must submit the final invoice on the Project to the Department within 120 days of the Completion Date or completion of the Project, if earlier. Invoices submitted after the 120-day time period may not be paid. C. The Project is not included in the first year of the Department's adopted work program for the state fiscal year that includes the Effective Date. The Department will only reimburse the Agency in accordance with section 339.12, Florida Statutes. The Agency will not invoice the Department for Project costs until July 1 of the state fiscal year(s) the Project is scheduled in the Department's work program. After receipt of properly documented invoices and supporting documentation as otherwise required in this Agreement,payment(s)will be made to the Agency to reimburse eligible Project costs in annual amounts equal to the amounts programmed in the Department's adopted work program in each state fiscal year, up to the amount of eligible Project costs incurred after the Effective Date. 7. Payment. a. Subject to other provisions of this Agreement, the Department will reimburse the Agency for eligible Project costs, up to the amount of the Department Funding. 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 Agency has misrepresented a material fact in any documents submitted to obtain the Department Funding under this Agreement, or any document or data furnished pursuant to this Agreement; ii. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement or payments for the Project; iii. The Agency 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 Agency is otherwise in default under any provisions of this Agreement. b. Payment shall be made only after receipt and approval of goods and services. C. If the Department determines that the performance of the Agency is unsatisfactory,the Department shall notify the Agency of the deficiency to be corrected,which correction shall be made within a reasonable time frame to be specified by the Department. The Agency's failure to timely correct any deficiencies that render performance unsatisfactory shall be grounds for the Department to withhold payment under this Agreement. In addition, the Department reserves the right to pursue all remedies available at law, including but not limited to the right to pursue a claim for reimbursement of any or all payments made under this Agreement. Page 3 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT d. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1),F.S.,will be due and payable, in addition to the invoice amount,to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency 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. e. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at(850) 413-5516. f. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the 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. g. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. It. 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. The Agency shall establish for the Project, consistent with the Department's program guidelines/procedures, separate accounts to be maintained within its existing accounting system or separate independent accounts ("Project Accounts"). The Agency shall charge to the Project Accounts all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess Page 4 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT of the programmed Department funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges, as described in Exhibit C, Contract Payment Requirements. b. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Agency's contractors and subcontractors considered necessary by the Department for a proper audit of costs. 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. The Agency shall permit, and shall require its contractors to permit, the Department'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. d. For any project requiring additional right-of-way, the Agency 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 C.F.R.Part 24,Appendix B, and be submitted to the Department no later than October 15 of each year. e. The Agency 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 J 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. 9. Design Standards and Department Plans Review. The Project shall be designed in accordance with the requirements of all applicable laws, governmental rules and regulations and federal design standards for the type of construction contemplated by the Design Agreement between the Department of the Army and Monroe County for Design for the Florida Keys, Monroe County Coastal Storm Risk Management Project attached hereto as Exhibit K. The Department's Plans Review Process is set forth in Exhibit E. 10. Termination and Suspension. a. Generally. If: (i)the Agency abandons the Project; (ii)the Agency 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 Agency is rendered improbable,infeasible, impossible,or illegal,the Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. Page 5 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT b. Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Agency 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 Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 11. Indemnification and Insurance. a. Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes,the Agency 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 Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. b. Workers' Compensation. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Agency 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 Agency shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. If the Agency enters into any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners, those agreements must provide that these individuals must be covered by insurance required under Florida's Workers' Compensation law. 12. Legal Requirements. a. General. The Agency acknowledges that legal requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. If the Agency enters into direct contracts with architects, engineers and surveyors for delivery of design services for the Project, the Page 6 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Agency 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. Execution of this Agreement constitutes a certification that the Agency 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. b. Equal Opportunity and Non-Discrimination.In connection with the carrying out of the Project, the Agency 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 statutes and implementing regulations relating to nondiscrimination. The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), and the regulations of the Federal Department of Transportation issued thereunder. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 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, and with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), and the regulations of the federal government issued thereunder. C. Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project will be carried out in accordance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non- compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. Without limiting the generality of the foregoing, in connection with the Project, the Agency 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 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 - 7671q, and the requirements of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 — 1377. d. Compliance with Public Records Laws. The Agency agrees to comply with all provisions provided in Chapter 119 Florida Statutes. If the Agency receives a public records request concerning its work undertaken pursuant to this Agreement, the Agency 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 Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. e. Integrity Certification. By signing this Agreement, the Agency 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 Agency 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 Agency shall provide to the Department immediate written Page 7 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT notice if at any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. f. 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. g. Certification of Restrictions on Lobbying Disclosure. The Agency 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 Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. It. 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. i. Code of Conduct. The Agency 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. j. Unauthorized Aliens. The Department shall consider the employment by the Agency of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Agency knowingly employs unauthorized aliens,such violation will be cause for unilateral cancellation of this Agreement. 13. Miscellaneous Provisions. a. Prohibited Interests. The Agency 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 Agency, 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, Page 8 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT 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 Agency 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 Agency by any person who at any time during the immediately preceding two (2)years was an officer, director or employee of the Agency. iii. The provisions of this subsection shall not be applicable to any agreement between the Agency 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 Agency and an agency of state government. b. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Agency. 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 parry beneficiary under this Agreement, or to authorize anyone not a parry to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. C. Relationship of Parties. The Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. e. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. f. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either parry of its sovereign immunity for any damages claimed by third parties. g. 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. It. Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of the financing hereunder. Page 9 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT i. Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following addresses: If to the Department: Director of Transportation Development Florida Department of Transportation- District Six 1000 N.W. 11 lth Avenue Miami, Florida 33172 daniel.i leg sias@dot.state.fl.us WITH A COPY TO: District Environmental Manager Planning and Environmental Management Office Florida Department of Transportation, District Six 1000 NW 11 lth Avenue, Room 6109 Miami, Florida 33172 steven fames&dot.state.fl.us If to Agency: Monroe County Administrator 1100 Simonton St. Key West, FL 33040 Gastesi-roman(&-monroecounty-fl.gov WITH A COPY TO: Monroe County Attorney's Office 1111 12th Street 4 408 Key West, FL 33040 HalI-cynthia@monroecounty-fl.gov j. 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. k. JURY TRIAL WAIVER. THE AGENCY 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. 1. Limitation on Liability. Notwithstanding anything to the contrary in this Agreement, in no event shall the Agency or the Department be liable to each other for any indirect, punitive, special, or consequential damages (including, but not limited to, loss of profits, interest, earnings, or use) whether arising in contract, tort Page 10 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT or otherwise, even if the parry has been advised that such damages are possible. The limitation of remedies provided in the preceding sentence shall survive the expiration or termination of this Agreement. In. 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. n. State Lobbying.No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. o. 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. P. Agreement not Assignable. The Agency may not assign any of its rights or obligations under this Agreement. q. Amendments. This Agreement may not be amended, except by a writing signed by both Parties. r. Exhibits. The following Exhibits are attached and incorporated into this Agreement: ® Exhibit A: Project Description ® Exhibit B: Method of Payment and Project Budget ® Exhibit C: Contract Payment Requirements ❑ Exhibit D: Alternative Advance Payment Financial Provisions —N/A ® Exhibit E: Notice to Proceed and Plans Review Process ❑ Exhibit F: Notice of Completion—N/A ❑ Exhibit G: Engineer's Certification of Compliance—N/A ❑ Exhibit H: Tangible Personal Property —N/A ❑ Exhibit L FHWA Form 1273 —N/A ❑ Exhibit J: Title VI Assurance—N/A ® Exhibit K: Design Agreement between the Department of the Army and Monroe County, Florida for Design for the Florida Keys, Monroe County, Coastal Storm Risk Management Project [signatures on following page] Page 11 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date signed by the last party executing and inserted in the opening paragraph by the Department. STATE OF FLORIDA, MONROE COUNTY, FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Daniel Iglesias, P.E. Craig Cates, Mayor Director of Transportation Development Florida Department of Transportation- District 6 1000 N.W. 11 lth Avenue Miami, Florida 33172 Ph: 305-470-5464 email: daniel.iglesias@dot.state.fl.us Legal Review (Department) Legal Review - Monroe County Attorney's Office 10-16-2023 Page 12 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT A PROJECT DESCRIPTION A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement(if not the entire project)): The preparation of design plans and specifications for construction of shoreline stabilization rock revetments along US Route 1 (Overseas Highway), as contemplated by the Design Agreement between the Department of the Army and Monroe County, Florida for Design for the Florida Keys, Monroe County, Coastal Storm Risk Management Project attached hereto as Exhibit K. The Project is generally described in the Florida Keys, Monroe County, Florida Coastal Storm Risk Management Chief s Report, dated September 2021 and approved by the Chief of Engineers on September 24, 2021, incorporated herein by reference. There are six (6) sites proposed for design; West Summerland Key, approximate MM 34; Bahia Honda Key, approximate MM 37; Long Key, approximate MM 67; Fiesta Key West, approximate MM 70; Fiesta Key East, approximate MM 70.3; and Indian Key Fill, approximate MM 79.5. FDOT is committed to fund the design and specifications for improvements at four(4) sites within the FDOT right-of-way along US-1: Indian Key Fill, Fiesta Key West, West Summerland Key, and Bahia Honda. This Agreement does provide funding for the design and specifications for improvements at either the Fiesta Key East or Long Key sites. B. Project Location (limits, city, county): ® Illustration/graphic/map of project area provided below. Page 13 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Florida Keys Coastal Storm Risk Management Shoreline Stabilization Sites / / / r., / r , J � / 1 / i 1 f, � 1 iit� / f i i 1 i / / , 1 , r i i w i 1, / y / / r i � l C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline,project schedule,project size): The scope of work includes preparation of design plans and specifications for construction for shoreline stabilization at six (6) different locations along US-1 in the Florida Keys, Monroe County, Florida. The project components consist of rock revetment structures. The rock revetments will be designed to minimize future erosion and washouts of the coastline and/or further erosion of US-1. The term of this Agreement and the period for performance of the Project under this Agreement shall be for two (2)years from the Effective Date. E. Department Project Manager. The Department's Project Manager for the Project, and contact information, is: Steven Craig James District Environmental Manager Planning and Environmental Management Office Florida Department of Transportation, District Six 1000 NW 11 lth Avenue, Room 6109 Miami, Florida 33172 Page 14 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Office (305)470-5221 Mobile (305) 632-7391 stevenj ames@ dot.state.fl.us Page 15 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT B METHOD OF PAYMENT and PROJECT BUDGET FDOT is to reimburse Monroe County on a per site (location)basis. Invoices are not to include more than one site per invoice. After receipt and approval of submittals, lump sum payments will be made at 30%, 60%, 90%, and Final Design submittals or other interim intervals to be agreed to by the Parties with a minimum of 50% and 100% design plan submittals. The estimated cost of the Project is $ 1,465,000. The total Department participation (35%) shall not exceed $513,000. The Department is only participating in funding a portion of the Project, see Exhibit A. Page 16 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT C 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: (1) Salaries: A payroll register or similar documentation should be submitted. 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. (2) 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. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061,Florida Statutes,which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. 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 Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Page 17 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that 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 http://www.fldfs.com/aadir/reference gLi ide.htm. Page 18 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Page 19 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT E NOTICE TO PROCEED AND PLANS REVIEW PROCESS Execution of this Agreement by both Parties shall be deemed a Notice to Proceed. Because parts of the Project will be located on, under or over Department-owned right-of-way, the Department shall review the Project's design plans and specifications for construction at Indian Key Fill, Fiesta Key West, West Summerland Key, and Bahia Honda for compliance with all applicable standards of the Department. In its sole discretion, the Department may reject design plans which it determines do not meet Department standards. The design plans review process for each phase of the plans submitted to the Department shall be as follows. The Agency shall be responsible for having the plans submitted to the Department for review at 30%, 60%, 90%, and 100%phases or other interim intervals to be agreed to by the Parties with a minimum of 50% and 100% design plan submittals. The Department shall have thirty (30) calendar days to review the plans for compliance with Department standards and to submit its comments and recommendations to the Department of the Army (See Design Agreement between the Department of the Army andMonroe County, Florida for Design for the Florida Keys, Monroe County, Coastal Storm Risk Management Project attached hereto as Exhibit K). The Agency shall coordinate with the Department of the Army to have all comments and recommendations addressed and resolved. Any submittal that does not comply with applicable Department standards, as determined by the Department, must be resolved to the Department's satisfaction. Any failure by the Department of the Army to resolve a determination by the Department that the plans do not meet Department standards to the Department's satisfaction, shall be sufficient cause for nonpayment by the Department under this Agreement. The Design will be completed within two years of the Effective date of this Agreement, unless the completion date is extended by amendment to this Agreement. Page 20 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT Page 21 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT EXHIBIT K DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND MONROE COUNTY, FLORIDA FOR DESIGN FOR THE FLORIDA KEYS, MONROE COUNTY, COASTAL STORM RISK MANAGEMENT PROJECT Page 22 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT NO Adobe Acrobat Document Page 23 of 23