Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C26
C26 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: C26 2023-1796 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Debra London 305-852-7173 N/A AGENDA ITEM WORDING: Approval by resolution of a Florida Department of Transportation (FDOT)American Rescue Plan Act (ARPA) Small County Outreach Program (SCOP) grant agreement to partially fund construction for the Key Largo III Roadway and Drainage Improvement Project in the additional grant amount of$731,707.00, with a local match of$416,684. ITEM BACKGROUND: The Florida Department of Transportation (FDOT) has offered additional grant funding through the Coronavirus State and Local Fiscal Recovery Funds program in the amount of$731,707 with a County match of$416,684 for the Key Largo III Roadway and Drainage Improvement Project. The program is authorized by the American Rescue Plan Act of 2021 (ARPA). The funds have been appropriated to FDOT for projects eligible for funding under the Florida Department of Transportation Small County Outreach Program. The construction phase of the project was previously awarded grant funding in the amount of $2,787,598.00 by a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant and is programmed in the 2024/2025 FDOT Work Program. This is a 75/25 program and the match amount for the existing SCOP agreement is $929,200.00. The newly allocated funds are in addition to this original grant. The Key Largo III Roadway and Drainage Improvement Project includes streets in the Harris Ocean Park Estates, Ocean Park Village, Palma Sola and Burton's Yacht Basin subdivisions. The project includes drainage improvements, milling and resurfacing, establishing roadway crowns and creating compliant bike lanes. The project was included in the 2014 Monroe County Road Improvement Program. The construction project is anticipated to be completed by the end of December 2025. 1559 PREVIOUS RELEVANT BOCC ACTION: June 21, 2023- The BOCC approved by resolution a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant in the amount of $2,787,598, programmed in the 2024/2025 FDOT Work Program. May 17, 2023- The BOCC approved Amendment 2 to task order with WSP USA, Inc. for engineering design and permitting services for the Key Largo III Roadway and Drainage Improvement project to add value engineering design modifications and FDOT SCOP agreement scope in the amount of $26,365.52 for a revised total contract amount of$382,420.23. April 15, 2020 — The BOCC approved Amendment 1 to task order with WSP USA, Inc. for engineering design and permitting services for the Key Largo III Roadway and Drainage Improvement project to add geotechnical scope on Burton Drive in the maximum not to exceed amount of$6,960.00 revising the total contract amount to $356,054.71. May 22, 2019 — The BOCC approved a task order with On Call Engineering firm WSP USA, Inc. for engineering design and permitting services for the Key Largo III Roadway and Drainage Improvement project in the maximum not to exceed amount of$349,094.71. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve Key Largo III Florida Department of Transportation (FDOT)ARPA Small County Outreach Program(SCOP) additional grant agreement. DOCUMENTATION: 451622-1-54-02 Exhibit D -AR-PA-SCOP resolution-signed.pdf FM451622-1-54-02_For_Local_Agency_Execution (I)-signed.pdf FINANCIAL IMPACT: Effective Date: December 13, 2023 Expiration Date: 120 days after construction final acceptance. Total Dollar Value of Contract: FDOT SCOP ARPA Grant Agreement in the amount of $731,707.00 with a County match amount of$416,684.00. Total Cost to County: Match $416,684.00. Current Year Portion: $731,707. grant amount, $416,684.00 match amount. 1560 Budgeted: yes Source of Funds: 304 KLIII CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: yes County Match: $416,684.00. Insurance Required: no Additional Details: 1561 RESOLUTION NO. -2023 EXHIBIT D A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AMERICAN RESCUE ACT PLAN (ARPA) SMALL COUNTY OUTREACH PROGRAM AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR FUNDING TO CONSTRUCT KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT. WHEREAS, The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement; and WHEREAS, The Small County Outreach Program ("SCOP") has been created within the Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads and also to municipalities within rural areas of critical concern (rural areas of opportunity ("RAO")) with projects, excluding capacity improvement projects; and WHEREAS, Section 197 of the 2022-2023 General Appropriations Act (Ch. 2022-156, Laws of Florida) appropriated an additional $50 million of Coronavirus State and Local Fiscal Recovery Funds (SLFRF), American Rescue Plan Act (ARPA), to the Department to support the existing Small County Road Assistance Program (SCRAP) and Small County Outreach Program (SCOP) in the Department's State Transportation Program; and WHEREAS, the COUNTY has jurisdiction over and maintains roads in the Key Largo subdivisions of Harris Ocean Park Estates, Ocean Park Village, Palma Sola and Burtons Yacht Basin herein referred to as Key Largo III Roadway and Drainage Improvement project; and WHEREAS, the DEPARTMENT has agreed to have the COUNTY construct the improvements to Key Largo III Roadway and Drainage Improvement project, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed additional funding for the PROJECT under Financial Project Number 451622-1-54-02, and has agreed to reimburse the COUNTY for eligible PROJECT costs up to a maximum limiting amount, as outlined Key Largo III ARPA/SCOP Agreement 12.13.23 1562 in the attached Exhibit "B", `Method of Compensation', which is herein incorporated by reference; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Small County Outreach Program Agreement between the State of Florida, Department of Transportation and Monroe County is hereby approved. SECTION 2: Upon execution, this Resolution shall be marked as Exhibit"D" and made a part of the ARPA Small County Outreach Program Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the th day of , A.D., 2023. Mayor Holly Merrill Raschein Mayor Pro Tern James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairperson ry ONROE COUNTY A17ORKEY CHMSTrNG r.1i1ABERT-RARROWS ASSISTAN'r COUNTY ATTORNEY DATE 11/28/23 Key Largo III ARPA/SCOP Agreement 12.13.23 1563 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 1 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT FPN: FM451622-1-54-02 FPN: FPN: Federal No (FAIN): Federal No (FAIN): Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: ARSC Fund: Fund: Org Code: Org Code: Org Code: FLAIR Approp: 085149 FLAIR Approp: FLAIR Approp: FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj: County No: 90- Monroe Contract No: Subrecipient Vendor No: F596000749114 Subrecipient Unique Entity ID SAM No: QKLSCT2LM7M9 Catalog of Federal Domestic Assistance (CFDA): 21.027 Coronavirus State and Local Fiscal Recovery Funds Program THIS CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT("Agreement') is entered into on ("Effective Date"), by and between the State of Florida Department of Transportation, an agency of the State of Florida ("Department'), and Monroe County ("Subrecipient'). NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 197 of Chapter 2022-156, Laws of Florida, and Sections 339.2816 and 339.2818, Florida Statutes. The Subrecipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" 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 the Subrecipient with federal financial assistance awarded to the State of Florida under the Coronavirus State and Local Fiscal Recovery Funds Program established by the American Rescue Plan Act of 2021 (ARPA), as amended by the Infrastructure Investment Jobs Act (Nov. 15, 2021) and the State, Local Tribal and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act (enacted as part of the Consolidated Appropriations Act, 2023), hereinafter referred to as "ARPA Funds", appropriated to the Department for projects eligible for funding under the Small County Outreach Program and/or the Small County Road Assistance Program, Florida state programs governed by Sections 339.2816 and 339.2818, Florida Statutes. This Agreement is specifically for KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENT PROJECT (the "Project'), which is further described in Exhibit"A", Project Description and Responsibilities attached to and incorporated in this Agreement;to provide the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Subrecipient agrees to complete the Project on or before May 1, 2026. If the Subrecipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Subrecipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is$ 1,148,391.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of$ 731,707.00 and as more fully described in Exhibit"B". The Subrecipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. 1564 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 2 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT c. Project costs eligible for ARPA Funds will be allowed only from the Effective Date of this Agreement. It is understood that the use of ARPA Funds for 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 5.1. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. d. If applicable, the Subrecipient agrees to provide all matching funds required under the Small County Outreach Program, unless Subrecipient applies for a waiver or reduction of the corresponding match in compliance with Section 288.0656(2)(e), Florida Statutes, and such waiver or reduction is approved in writing by the Department. 5. Requisitions and Payments a. The Subrecipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". i. Eligible Costs. The ARPA Funds provided by the Department under this Agreement will only be available for eligible Project costs as specifically detailed in Exhibit A, incurred as of the Effective Date and prior to termination or expiration of this Agreement. ii. Ineligible Costs. In determining the amount of any payment, the Department will exclude all Project costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of financial assistance reflected in Exhibit B for the Project, costs agreed to be borne by the Subrecipient or its contractors and subcontractors for not meeting the Project commencement and final invoice timelines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. Pre-award costs, as defined in 2 CFR 200.458, related to the Project may not be paid using ARPA Funds. Further, the ARPA Funds provided under this Agreement will not be eligible for any cost incurred not in accordance with applicable federal and state laws, regulations and guidance requirements. If the federal government of the United States or the Department determines that any cost claimed is not eligible, the Department will notify the Subrecipient. The notification will identify the items and amounts not eligible for reimbursement with ARPA Funds and the reason the items and amount are not eligible. If the Subrecipient is not in compliance with the requirements of this Agreement, but such non-compliance is rectifiable during the term of this Agreement,ARPA Funds may be withheld by the Department until the non-compliance is corrected. If the Subrecipient's non-compliance is not rectifiable during the term of this Agreement, the Department may deny use of ARPA Funds, in whole or in part. If as a result of the Subrecipient's failure to comply with the terms of this Agreement the federal government of the United States determines that ARPA Funds will no longer be available for the Project: (i) the Department is authorized to discontinue providing ARPA Funds for the Project under this Agreement; and (ii)the Department is not required to provide any additional financial assistance for the Project. A determination by the federal government of the United States that federal financial assistance is no longer available for the Project is final. The Subrecipient waives any right to contest a discontinuance of ARPA Funds under this Agreement if the federal government of the United States determines such funds are no longer available. iii. This Agreement is financed by federal funds. However, payments to the Subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this 1565 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 3 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Agreement, to the United States, U.S. Department of the Treasury, the federal government of the United States or any representatives of the federal government makes the United States a party to this Agreement. b. Invoices shall be submitted by the Subrecipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Subrecipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Subrecipient shall use the format for the invoice and progress report that is approved by the Department. Approved invoice formats are found in Exhibit"P", Project Invoice Form. Additionally, to obtain any of the federal funds available from the Department under this Agreement, the Sub-recipient shall provide the Department's Project Manager its request for reimbursement and any other information regarding 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 Subrecipient, 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)." c. The Subrecipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Subrecipient or its contractors and subcontractors and other ineligible costs as provided in this Agreement. All costs charged to the Project, including any approved services contributed by the Subrecipient 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. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Subrecipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A"was met. 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. e. Payment shall be made only after receipt and approval of goods and services 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 the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected,which correction shall be made within a time- frame to be specified by the Department. The Subrecipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient 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 Subrecipient will not be reimbursed to the extent of the non- performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved,the Subrecipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. If. Subrecipient 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 1566 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 4 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT 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 Subrecipient. Interest penalties of less than one(1)dollar will not be enforced unless the Subrecipient requests payment. Invoices that have to be returned to an Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516. g. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. 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 Subrecipient'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 Contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Prior to the execution of this Agreement,a Project schedule of funding shall be prepared by the Subrecipient and approved by the Department. The Subrecipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of an Agreement between the Department and the Subrecipient. The Subrecipient acknowledges and agrees that funding for this Project may be reduced upon determination of the Subrecipient's contract award amount. i. 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 Subrecipient 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. j. The Subrecipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Subrecipient, in writing,when funds are available. Further, the Subrecipient acknowledges and agrees that the Department's payment of funds under this Agreement is contingent on the Department receiving the funds from the federal government of the United States. If, for any reason, the federal government of the United States reduces the amount of ARPA Funds available for this Agreement, 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 the financial assistance provided by the federal government of the United States shall be eligible for reimbursement. I. 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 1567 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 5 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT 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." m. Reversion of Unexpended ARPA Funds. All funds awarded 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. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement of the Subrecipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if it determines any of the following provisions is met: a. The Subrecipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Subrecipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments for the Project; c. The Subrecipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 13.f.; e. The Subrecipient has been determined by the Department to be in default under any of the provisions of the Agreement. Upon a finding by the federal government of the United States, or the Department in lieu of the federal government of the United States, that the Subrecipient has made an unauthorized or undocumented use of ARPA Funds, or that any Project costs are ineligible for reimbursement, and upon a written demand for repayment issued by the Department, the Subrecipient shall repay such amounts to the Department within 40 days of written demand. The Subrecipient shall also repay any other financial assistance funding received by the Subrecipient under this Agreement in excess of the amount to which the Subrecipient is entitled. Such funds shall be repaid to the Department within 40 days of written demand. 7. General Requirements: The Subrecipient shall complete the Project with all practical dispatch, in a sound,economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable state and federal laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Programs Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. a. Execution of this Agreement by the Parties shall be deemed the Department's Notice to Proceed ("NTP") with the non-construction phases of the Project. If the Project involves a construction phase, the 1568 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 6 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Subrecipient shall not begin the construction phase of the Project until the Subrecipient requests and receives the Department's written NTP with the construction phase of the Project. Once the Agreement is executed by the Parties, the Subrecipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the Effective Date. If the Subrecipient fails to submit quarterly invoices to the Department, then the Subrecipient may 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. The Subrecipient waives the right to contest any removal of funds by the Department if the Subrecipient fails to provide the above- referenced invoice and progress report using the format identified in Exhibit "P", Project Invoice Form. No cost may be incurred under this Agreement until the Effective Date or after the Subrecipient has received a written NTP from the Department, if required. The Subrecipient agrees to advertise or put the Project out to bid within thirty (30) days from the Effective Date or the date the Department issues the NTP for the construction phase of the Project. If the Subrecipient is not able to meet the scheduled advertisement, the Department Project Manager should be notified as soon as possible. b. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Subrecipient, then the Department will request repayment for the previously billed and reimbursed amounts from the Subrecipient. No state funds can be used on the Project unless authorized pursuant to Exhibit "I", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Subrecipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Subrecipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. c. The Subrecipient shall initiate and prosecute to completion all proceedings necessary, including Federal- aid requirements, to enable the Subrecipient to provide the necessary funds for completion of the Project. i. The Subrecipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal government may require. The Subrecipient shall make such submissions using Department-designated information systems. Further, Subrecipient agrees to maintain property records, conduct physical inventories and develop control systems as required by 2 CFR 200, when applicable, and retain the records described in 2 CFR 200.334 et seq., as amended, for a period of five years. 8. Audit Reports: The administration of resources awarded through the Department to the Subrecipient 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 Subrecipient 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, monitoring procedures may include, but not be limited to, on-site visits by Department staff 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 Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient 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 Subrecipient, a non-federal entity as defined by 2 CFR Part 200, is subject to the following requirements: 1569 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 7 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT i. In the event the Subrecipient 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 Subrecipient 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" to this Agreement provides the required federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Subrecipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements. iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, in federal awards, the Subrecipient is exempt from federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at FD®TSingleAudit@dot.state.fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient 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 Subrecipient's resources obtained from other than federal entities). iv. The Subrecipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at https://ha rvester.censuL.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F—Audit Requirements, 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. 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 FD®TSingleAudit@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 Subrecipient'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 Subrecipient 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 not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department; 2. 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; 3. Wholly or partly suspend or terminate the federal award; 4. 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); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. 1570 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 8 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT A. As a condition of receiving this federal award, the Subrecipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Subrecipient'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. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a)dot.state.fl.us c. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of 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 Subrecipient 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. 9. Termination or Suspension of Project: The Department may, by written notice to the Subrecipient,suspend any or all of the Department's obligations under this Agreement for the Subrecipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Subrecipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Subrecipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent of the maximum dollar amount or percentage provided by this Agreement. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Subrecipient. d. In the event the Subrecipient fails to perform or honor the requirements and provisions of this Agreement, the Subrecipient shall promptly refund in full to the Department, within thirty (30)days of the termination of the Agreement, any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally terminate this Agreement for failure by the Subrecipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Subrecipient: 1571 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 9 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT a. Except as otherwise authorized in writing by the Department, the Subrecipient 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. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Subrecipient,where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Subrecipient's compliance in full with the provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. At the discretion of the Department, the Subrecipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Subrecipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c. The Subrecipient 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 Subrecipient. If lane or road closures are required by the Subrecipient to ensure the life, health, and safety of the travelling public, the Subrecipient 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 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 the 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 Subrecipient shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. 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 with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Subrecipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, the Subrecipient 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 Subrecipient 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. 12. Compliance with Applicable Laws and Regulations: Subrecipient agrees to comply with all federal regulations applicable to the ARPA Funds provided under this Agreement, including, but not limited to: a. 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 Subrecipient shall not enter into any arrangement to participate in the development or implementation of the Project with 1572 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 10 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT 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 Subrecipient will review the U.S. GSA System of Award Management at https://www.sam.gov. The Subrecipient 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 Subrecipient 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. i. By signing this Agreement, the Subrecipient 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 Subrecipient 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 Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. b. 2 CFR Part 200- Uniform Administrative Requirements, Cost Principles &Audit for Federal Awards. c. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act(5 U.S.C. 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. d. Subrecipient Integrity and Performance Matters, 2 CFR Part 200, Appendix XII to Part 200, is hereby incorporated by reference to this Agreement. e. Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part 20. If. New Restrictions on Lobbying, 31 C.F.R. Part 21. g. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. 4601-4655) and implementing regulations. h. Any publications produced with ARPA Funds under this Agreement must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Subrecipient] by the U.S. Department of the Treasury. 13. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Subrecipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Subrecipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Subrecipient pursuant thereto. The Subrecipient shall include the attached Exhibit "C", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 CFR Part 21, and related statutes and regulations. b. The Subrecipient will comply with all applicable requirements imposed by the Americans with Disabilities Act (ADA), as amended, the regulations of the Federal Government issued thereunder, and assurance by the Subrecipient pursuant thereto. 1573 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 11 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT c. Subrecipient shall not considered any bid submitted by a person or affiliate who is prohibited from doing so pursuant to the following: i. 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;or for 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. ii. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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. iii. An entity or affiliate who has had its Certificate of Qualification suspended, revoked,denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Subrecipient. d. Neither the Subrecipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Subrecipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Subrecipient, the Subrecipient,with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Subrecipient or the locality relating to such contract, subcontract or arrangement. The Subrecipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Subrecipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 CFR 200.318(c)and that such conflict of interest policy is applicable to the Project funded under this Agreement. Further, Subrecipient shall disclose in writing to the Department any potential conflict of interest affecting the ARPA Funds received under this Agreement, in accordance with 2 CFR 200.112 The provisions of this paragraph shall not be applicable to any agreement between the Subrecipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. e. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 14. Indemnification and Insurance: a. 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 1574 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 12 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Subrecipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Subrecipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Subrecipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Subrecipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Subrecipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or Subrecipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Subrecipient 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. Nothing herein shall be construed as consent by Subrecipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Subrecipient agrees to include the following indemnification in all contracts with contractors,subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [SUBRECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or [SUBRECIPIENT']'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [SUBRECIPIENT] for the negligent acts or omissions of [SUBRECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Subrecipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least$200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Subrecipient shall also,or cause its contractor or consultant to carry and keep in force Workers'Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Subrecipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 15. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Subrecipient is responsible for obtaining all permits necessary for the Project. b. 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 an incorporated into this 1575 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 13 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Agreement. In the event the Project involves construction on the Department's right-of-way, the Subrecipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Subrecipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Subrecipient employees, if the Subrecipient can complete said Project within the time frame set forth in this Agreement. The Subrecipient's use of this option is subject to approval by the Department. c. The Subrecipient shall hire a qualified contractor using the Subrecipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Subrecipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Subrecipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Subrecipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Subrecipient 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 Subrecipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Subrecipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Subrecipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Subrecipient to hire a Department pre-qualified consultant for the design phase of the Project using the Subrecipient's normal procurement procedures to perform the design services for 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(MUTCD)and the AASHTO Policy on Geometric Design of Streets and Highways. 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", which is attached to and incorporated into this Agreement. If. The Subrecipient shall adhere to the Department's Conflict of Interest Procedure(FDOT Topic No. 375- 030-006). g. The Subrecipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Subrecipient shall require the Subrecipient's contractor to post a payment and performance bond in accordance with applicable law. 1576 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 14 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT i. The Subrecipient 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 Subrecipient and Department standards. j. Upon completion of the work authorized by this Agreement,the Subrecipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "G", Engineer's Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 16. The Subrecipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection. 17. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Subrecipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Subrecipient constructs any improvement on Department right-of-way, the Subrecipient ❑ shall ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Subrecipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Subrecipient shall, prior to any disbursement of the funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Subrecipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 18. Miscellaneous Provisions: a. The Subrecipient will be solely responsible for compliance with all applicable environmental regulations,for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Subrecipient will be responsible for securing any applicable permits. The Subrecipient shall include in all contracts and subcontracts for amounts in excess of$150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall the making by the Department of any payment to the Subrecipient 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 Subrecipient 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. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 1577 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 15 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT e. By execution of the Agreement, the Subrecipient 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. If. Nothing in the Agreement shall require the Subrecipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Subrecipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Subrecipient to the end that the Subrecipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Subrecipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Subrecipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Subrecipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Subrecipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. L The Subrecipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Subrecipient's facility, adequate title is in the Subrecipient's name, and the Project is accepted by the Subrecipient as suitable for the intended purpose. j. The Subrecipient agrees that no federally-appropriated funds have been paid,or will be paid by or on behalf of the Subrecipient, 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 Subrecipient 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 Form to Report Lobbying," in accordance with its instructions. The Subrecipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-subrecipients shall certify and disclose accordingly. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. k. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature,judicial branch, executive branch or any state agency, in accordance with Section 216.347, Florida Statutes. I. The Subrecipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. m. The Subrecipient shall: L utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Subrecipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract 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 subcontractor during the contract term. 1578 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 16 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT n. Protection for Whistleblowers. In accordance with 41 U.S.C.4712,Subrecipient may not discharge,demote, or otherwise discriminate against an employee in reprisal for disclosing to the Department or to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A U.S. Department of the Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; A. A court or grand jury; or vii. A management official or other employee of Subrecipient, contractor,or subcontractor who has the responsibility to investigate, discover, or address misconduct. o. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FIR 19217 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. p. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FIR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees and contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. q. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. r. 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. s. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost of the Project is to be paid from state-appropriated funds, then the Subrecipient must comply with the requirements of Section 255.0991, Florida Statutes. 19. Exhibits: a. Exhibits "A", "B", "C", "D", "E", "F", "G" and "P" 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. c. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. d. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement. e. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this Agreement. 1579 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 17 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT f. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit"N", Traffic Signal Maintenance is attached and incorporated into this Agreement. g. ❑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. h. ® The following Exhibit(s)are attached and incorporated into this Agreement: Exhibit P-1, Exhibit P-2 i. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Subrecipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements Exhibit G: Engineer's Certification of Completion * Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit O: Terms and Conditions of Construction in Department Right-of-Way Exhibit P: Project Invoice Form *Additional Exhibit(s): P * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. (The remainder of this page intentionally left blank.) 1580 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 18 of 18 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. SUBRECIPIENT MONROE COUNTY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: ATTEST: Kevin Maclok, Clerk Legal Review: As Deputy Clerk MONROE COUTfT'Y ATTORNEY NPPR?VA-,D AS TO FO CHRISTrNE LIMBER-BARROWS ASSISTANT COUNTY ATTORNEY DATE 1581 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 1 of 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 451622-1-54-02 This exhibit forms an integral part of the Coronavirus State and Local Fiscal Recovery Funds Agreement between the State of Florida, Department of Transportation and Monroe County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 16,420 LF neighborhood roads Burton Drive Key Largo, mm 92.5 PROJECT DESCRIPTION: The Key Largo III Roadway and Drainage Project includes construction of French drains and swales where possible, and the roadway reconstruction will include widening roads to construct bicycle lanes, milling, establishing crowns, and asphalt paving. SPECIAL CONSIDERATIONS BY RECIPIENT: The Subrecipient is required to provide a copy of the design plans for the Department's review and approval, to coordinate permitting with the Department, and notify the Department prior to the commencement of any right-of-way activities. The Subrecipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: c) Right-of-Way requirements identified and provided to the Department by n/a d) Right-of-Way to be certified by .n/a e) Construction contract to be let by . 2.15.2024 f) Construction to be completed by . 2.15.2025 If this schedule cannot be met, the Subrecipient shall notify the Department, in writing, and provide the Department with a revised schedule. Failure to notify the Department or provide the necessary schedule may result in the withdrawal of Department funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: In the event the Project costs exceed the cost included in Exhibit "B", Schedule of Financial Assistance, the Subrecipient will be solely responsible to provide the additional funds that are necessary to complete the Project. The project funding may be reduced to an amount equal to the award amount and/or the actual contract costs. 1582 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT EXHIBIT "B" Page 1 of 2 SCHEDULE OF FINANCIAL ASSISTANCE SUBRECIPIENT NAME&BILLING ADDRESS: FINANCIAL PROJECT NUMBER: Monroe County BOCC 451622-1-54-02 1100 SIMONTON STREET KEY WEST, FL.33040 I. PHASE OF WORK by Fiscal Year: FY 24 FY FY TOTAL Design- Phase 34 $0.00 $0.00 $0.00 $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Local Participation(Any applicable waiver noted in Exhibit"A") or or or or $0.00 $0.00 $0.00 $0.00 In-Kind Contribution $ $ $ $0.00 Cash $ $ $ $0.00 Combination In-Kind/Cash $ $ $ $0.00 Construction/CEI - Phase 54 $0.00 $0.00 $0.00 $0.00 NA% % % % Maximum Department Participation-(ARPA SCOP) or or or or $731,707.00 $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Local Participation(Any applicable waiver noted in Exhibit"A") NA% % % % or or or or $416,684.00 $0.00 $0.00 $0.00 In-Kind Contribution $ $ $ $0.00 Cash $416,684.00 $ $ $0.00 Combination In-Kind/Cash $ $ $ $0.00 Insert Phase and Number(if applicable) $0.00 $0.00 $0.00 $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation-(Insert Program Name) or or or or $ $ $ $0.00 Local Participation(Any applicable waiver noted in Exhibit"A") or or or or% % % % $0.00 $0.00 $0.00 $0.00 In-Kind Contribution $ $ $ $0.00 1583 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT EXHIBIT "B" Page 2of2 SCHEDULE OF FINANCIAL ASSISTANCE Cash $ $ $ $0.00 Combination In-Kind/Cash $ $ $ $0.00 II. TOTAL PROJECT COST: $ 1,148,391.00 $0.00 $0.00 $0.00 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. Jessica Beck-Galindo MPA FDOT Grant Manager Name Signature Date 1584 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page of Exhibit "C" TITLE VI ASSURANCES During the performance of this contract, the Subrecipient, for itself, its assignees and successors in interest (hereinafter collectively referred to as the"Subrecipient")agrees as follows: (1.) Compliance with REGULATIONS: The Subrecipient 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 Subrecipient, 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 contractors, including procurements of materials and leases of equipment. The Subrecipient 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 Contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Subrecipient for work to be performed under contract with the Subrecipient, including procurements of materials or leases of equipment, each potential Subrecipient contractor or supplier shall be notified by the Subrecipient of the Subrecipient'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 Subrecipient 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, the United States Department of the Treasury, or appropriate agency of the federal government of the United States to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a Subrecipient is in the exclusive possession of another who fails or refuses to furnish this information the Subrecipient shall so certify to the Florida Department of Transportation, or the United States Department of the Treasury, or other appropriate agency of the federal government of the United States and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Subrecipient's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the United States Department of the Treasury, or other appropriate agency of the federal government of the United States may determine to be appropriate, including, but not limited to: a. withholding of payments to the Subrecipient under the contract until the Subrecipient complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions:The Subrecipient shall include the provisions of paragraphs(1)through (7) in every sub-contract, including procurements of materials and leases of equipment, unless exempt 1585 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 2of2 by the REGULATIONS,or directives issued pursuant thereto. The Subrecipient shall take such action with respect to any Subrecipient contract or procurement as the Florida Department of Transportation or the United States Department of the Treasury, or other appropriate agency of the federal government of the United States may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Subrecipient becomes involved in,or is threatened with, litigation with a Subrecipient contractor or supplier as a result of such direction, the Subrecipient 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 Subrecipient 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, subrecipients 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 non-discrimination 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). 1586 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 1 of 1 EXHIBIT "D" SUBRICIPIENT RESOLUTION The Subrecipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 1587 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 RESOLUTION NO. -2023 EXHIBIT D A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AMERICAN RESCUE ACT PLAN (ARPA) SMALL COUNTY OUTREACH PROGRAM AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR FUNDING TO CONSTRUCT KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT. WHEREAS, The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement; and WHEREAS, The Small County Outreach Program ("SCOP") has been created within the Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads and also to municipalities within rural areas of critical concern (rural areas of opportunity ("RAO")) with projects, excluding capacity improvement projects; and WHEREAS, Section 197 of the 2022-2023 General Appropriations Act (Ch. 2022-156, Laws of Florida) appropriated an additional $50 million of Coronavirus State and Local Fiscal Recovery Funds (SLFRF), American Rescue Plan Act (ARPA), to the Department to support the existing Small County Road Assistance Program (SCRAP) and Small County Outreach Program (SCOP) in the Department's State Transportation Program; and WHEREAS, the COUNTY has jurisdiction over and maintains roads in the Key Largo subdivisions of Harris Ocean Park Estates, Ocean Park Village, Palma Sola and Burtons Yacht Basin herein referred to as Key Largo III Roadway and Drainage Improvement project; and WHEREAS, the DEPARTMENT has agreed to have the COUNTY construct the improvements to Key Largo III Roadway and Drainage Improvement project, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit"A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed additional funding for the PROJECT under Financial Project Number 451622-1-54-02, and has agreed to reimburse the COUNTY for eligible PROJECT costs up to a maximum limiting amount, as outlined Key Largo III ARPA/SCOP Agreement 12.13.23 1588 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 in the attached Exhibit "B", `Method of Compensation', which is herein incorporated by reference; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Small County Outreach Program Agreement between the State of Florida, Department of Transportation and Monroe County is hereby approved. SECTION 2: Upon execution, this Resolution shall be marked as Exhibit"D" and made a part of the ARPA Small County Outreach Program Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the th day of , A.D., 2023. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice, (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairperson Key Largo III ARPA/SCOP Agreement 12.13.23 1589 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 1 of 1 EXHIBIT "E" FEDERAL FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 21.027 CFDA Title: Coronavirus State and Local Fiscal Recovery Funds *Award Amount: $ 731,707.00 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: N/A **Award is for R&D: No *The federal award amount may change with amendments. **Research and Development as defined at§200.1, 2 CFR Part 200 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards uvvvvv.c�fnm.gr�y. ....................................................... ..... . FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23— Highways, United States Code �:kj.p..//u code.::.h!.q.u:�. . ..:. c�ft c c. l t.i�m11 Title 49—Transportation, United States Code b!.j..p.:.//.0 � err�. .::.lhq.u.�. e,,g2v/ rnwsc.xllht.irlrmll Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the"Bipartisan Infrastructure Law") tt. :ffuvuvvv. ci�c nmc .�cVf°fl 17ft�lill1 sflhr 3534/BEI.....II.....S-1°fl Th.r;3534e i r r3f t.............................................................................. ..............................................................................................................................................................................................................................................................I ............. Federal Highway Administration— Florida Division �v�v�v.:,fihwa.::.do[..::.�c/flr�liy Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) r�vww 1 y am, ....................................................... 1590 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 1 of 1 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: (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:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. 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.mvfloridacfo.com/aadir/referengg_guide/. 1591 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT EXHIBIT "G" ENGINEER'S CERTIFICATION OF COMPLETION Page 1 of 1 Engineer's Certification of Completion.The Subrecipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Monroe County PROJECT DESCRIPTION: KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENT PROJECT FPID#: 451622-1-54-02 In accordance with the Terms and Conditions of the Coronavirus State Fiscal Recovery Funds Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLETION In accordance with the Terms and Conditions of the Coronavirus State and Local Fiscal Recovery Funds Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the construction plans and specifications for the Project. The undersigned further certifies that any deviations that have been made from the approved plans are described in the List of Deviations attached to this Certification,which includes an explanation justifying the need for each deviation and the Engineer's acceptance of the deviation. The undersigned additionally certifies that a set of"as-built" plans certified by the Engineer of Record/CEI is attached hereto and provided to the Department in conjunction with this certification. By: P.E. SEAL: Name: Date: 1592 DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT Page 1 of 1 EXHIBIT P-1 INSTRUCTIONS: Subrecipient to complete this form when submitting an invoice to the department. SUBRECIPIENT NAME: DATES OF REPORTING PERIOD: FDOT FINANCIAL PROJECT NO.: PROJECT DESCRIPTION: INVOICE ATTACHED: OTHER PROGRESS REPORT ATTACHED: Yes No N/A Yes No N/A PHOTOS ATTACHED: SUBRECIPIENT PROJECT NOTICE-TO- SUBRECIPIENT PROJECT ESTIMATED Yes No N/A PROCEED DATE: COMPLETION DATE: 1.PROJECT STATUS: 2.WORK COMPLETED OR IN PROGRESS THIS PERIOD(use a separate sheet of paper if more space is needed): 3.WORK ANTICIPATED FOR NEXT PERIOD(use a separate sheet of paper if more space is needed): 4.PROBLEM AREAS/OTHER COMMENTS(Plan revisions,changes in specifications,delays,difficulties,etc.,and actions taken): N SUBRECIPIENT'S DESIGNATED REPRESENTATIVE z w I certify that the information provided above is true and correct per the terms of the Coronavirus State and Local Fiscal Recovery a Y P P v Funds Agreement. w m DATE PRINTED NAME AND TITLE SIGNATURE Cn COMMENTS/NOTES 1- O_ G L1. REVIEW DATE SITE VISIT REVIEWER[PRINTED NAME&TITLE] Yes No N/A 1593 ,� m w o © N f3: LO r w wW° 0 � a o0 08o O v C, ? w w c m 0 O yW •In -0 II&N p I .2 c v a O O O w m F o ° R©? � ac, 0 E c ai c o c y Q o O � c c E O Q o o E - - L o w w ` o. O. u m `o u u u 'u 0 O Z Q. > > o m m o of 'v .� w w c c V G. G. V - 0 0 m m O O O O u"uu c 1W c o o In In in inro v 1 F F LL LL LL LL V w �Illlu M1 >_ ." f0 3 � w w O m 3 a y s 0 O LL z ©:.. 'o u O a � Z "m ifT t= ri W Q a C O O W D O E m t1 w -o —° O 0 N mluu t w u Z Q Q C. nrm `• w n ~ � w N K Q D = w Q N LL X (U VI > W Q a =) W Hill V w O Q 0 N,. -� t1 Z W IW' ;; V w o w a ° Q CL a N 6 N O J V O w 0 L � II w w N N IINI"Yo`,' O r O O_ C (U o0 y � m CY) ;' > `LLI Q m y c o _ m m M E W ,M1 v w w w p -o w ° - w 0) a c w �� m U- w ( N u N O v , Cc:� N O rip �i O O �� � C Q U ` w O wE w V •� o m III" y y "w w O C . W ' O m w 0 -6 � '� C y {A m O C w O In LO O 6 L1J II vOi- °,I .'1 ,F y O u O O. (p II II N 2 E) a ` C 'ai CY) w L F w u c w '� a LUWI O E C W w O 00 0- - � E v ° E N II II.N U .ELr W �' m ITp w y w f O X N w p, y _ O o w E w r w nn9 ��nn9 W WI bD w ou.N ooaaz Z E w: � ° _rn cz ° .,ti o v w z V CO CO r ai Z w E ° C0 ~ ^ O r > O E n - v m z u v~ aao III- z m 0 O � 0 0