Resolution 633-2023 DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
RESOLUTION NO. 633 - 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 (SLOP) 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
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
in the attached Exhibit "B", 'Method ofCornpensation', which is herein incorporated by
reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting lorth the responsibilities of each party; and
NOW,THEREFORE, BE t'r 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 iI regular meeting of said board on the 13 t1, day of
December , A.D., 2023.
..........
Mayor Holly Merrill Raschein _Yes
Mayor Pro Te-m James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes C?
BOARD OF COUNTY COMMISSIONERS
Ap
ADOK, Clerk OF MONROE COUNT-Y, FLORIDA
By_...........
As Depu y Clerk Mayor/Chairperson
PlIONWA,COUNTY ATI ORMY
Adf,
CHRMNA I MUM BARROWS
ASS"'SIAN'COUNI Y Arii mmy
wm 11/28/23
Key Largo III ARPA/SC011 Agreement
12.1123
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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: G2T05
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
bYAF/9NN, \gNSATA AND LOCAL FISCAL RECOVERY FUNDS AGREEMENT("Agreement") is entered
into on ItIffective 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 2 of 18
CORONAVIRUS STATE AND LOCAL FISCAL
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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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 3 of 18
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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.
f. 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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 4 of 18
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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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 5 of 18
CORONAVIRUS STATE AND LOCAL FISCAL
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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
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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:
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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 FDOTSingleAudit 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.census.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
FDOTSingleAudit dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart
F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the
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.
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RECOVERY FUNDS AGREEMENT
vi. 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 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:
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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
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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.
f. 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.
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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
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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
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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.
f. 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.
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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. 7401-7671 q)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.
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CORONAVIRUS STATE AND LOCAL FISCAL
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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.
f. 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.
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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;
vi. 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 FR 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 FR 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.
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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.)
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-,CFB938DCFA06
DocuSignEnvebpelD (i96Er),6B9.47'11-ACIO.9,4CA3.3f:::'gt7FAE6AE9,;
SV A rECW FLCOVDADEPARIMENT OF TRANS"FIKH4:#4 Page I$CA V8
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT
IN Wl17NESS WHEREOF, the Parties have executed this Agreement on the day and year written above.:,
SUBREClIPIENT MONROE COUNTY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
1-2/28/2023 1 8:06 AM EST
By:
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.N�Oe' Holly Merrill Ra schein z Narne� Danl-e—r"TqT-6FI-Ys-------
o Mayor Tftfe�
Director of Transportation Development
48
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Legall Review,
1212712023 5:21 PM EST
Michelle Garrido
As Deputy Clerk 12113/2023 senior Attorney
MONROE WUN IVA I I IIHNP,
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Y.IV17,11-14 I&WO
U:IOWTNFU INERTHARROWS
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DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page 1of1
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.
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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
12/22/2023 1 3:24 PM EST
Signature Date
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page 1of2
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
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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).
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page 1of1
EXHIBIT "D"
SUBRICIPIENT RESOLUTION
The Subrecipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement.
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
RESOLUTION NO. 633 - 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 (SLOP) 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
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
in the attached Exhibit "B", 'Method ofCornpensation', which is herein incorporated by
reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting lorth the responsibilities of each party; and
NOW,THEREFORE, BE t'r 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 iI regular meeting of said board on the 13 t1, day of
December , A.D., 2023.
..........
Mayor Holly Merrill Raschein _Yes
Mayor Pro Te-m James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes C?
BOARD OF COUNTY COMMISSIONERS
Ap
ADOK, Clerk OF MONROE COUNT-Y, FLORIDA
By_...........
As Depu y Clerk Mayor/Chairperson
PlIONWA,COUNTY ATI ORMY
Adf,
CHRMNA I MUM BARROWS
ASS"'SIAN'COUNI Y Arii mmy
wm 11/28/23
Key Largo III ARPA/SC011 Agreement
12.1123
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page of
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
AAA.° a FI.C�C�
,,,,,,,,,,,,,,,,,,,,,, n„
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23— Highways, United States Code
Lltli...,//a;�,s,a;,ocie,l iou.�so.,g.2 /I:�ircruw, p.,x 7trnl
Title 49—Transportation, United States Code
fir//➢ ,;;,//u, ,a,crr, ,,,,,1/Icru ,,,,,0,cry/ ,Ircruw, ,,,, 1htrTil........
Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law")
htt�suwuw.a Grin cross. cry/°i°i. /I:gills//7ir3a84/II::: IIII....II.... °i 1 Thir3684oinir.�r!F
➢,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,0,,,,,,,,,,,,,,,,,,,,, ,,,,,0, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,, , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,,U,,,,,,,,,,,,,....
Federal Highway Administration— Florida Division
AAA .r ...cr.r/FlrJiy
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
uwuwuw.Firs. cry
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page 1 of
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.myfloridacfo.com/aadir/reference guide/.
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
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:
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS AGREEMENT Page 1of1
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):
F 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 fY p p
V Funds Agreement.
w
m DATE PRINTED NAME AND TITLE SIGNATURE
Z)
Cn
COMMENTS/NOTES
F;-
..
a
LL
REVIEW DATE I SITE VISIT REVIEWER[PRINTED NAME&TITLE]
Yes No
N/A
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Program Managment
DocuSign Envelope ID:696E56B9-9771-4C10-94C3-3F9DFAE6AE95 CORONAVIRUS STATE AND LOCAL FISCAL Updated:01/2023
RECOVERY FUNDSAGREEMENT
EXHIBIT P-2
SUlllBIIZI Cllll"IIIII 4 j N A IM11I: Invoice No.:
SU.UIBIIUII CIIII"IIIIINU AlliflIDIIUIIE55 Invoice Period:
\dpi«:np"o iI No:: Total Invoice Amount $0.00
Total Invoice Amount FDOT Participating: $0.00
Bill To:
INSERT DISTRICT EMAIL ADDRESS FDOT Contract/Agreement No.
Florida Department of Transportation FDOT Participation Total($) $0.00
STREET ADDRESS FDOT Participation Amount(%) 100.00%
CITY,STATE,ZIP JFDOT Contract Remaining Balance: $0.00
PHONE NUMBER
Project Name:
FPN Number(s):
. «
Totals: som woo $0.001 $O.oO 1 $040i.
Request for Payment Certification as Required by 2 CFR 200.415:
By signing this report,I certify to the best of my knowledge and beliefthat 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 Coronavirus State Fiscal Recovery Funds award(ONLY applicable to ARPA assisted contracts).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 any
18,Section 1001 and Title 31,Sections 3729-3730 and 3501-3512).
Subrecipient Signature(Authorized Official): Date:
DocuSign Envelope ID:65E82A64-3D26-49AD-B363-CFB938DCFA06
To:Victoria.Prieto@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2T05
12/22/2023
CONTRACT INFORMATION
dontract G2To5
Dontract Type, GD-GRANT DISBURSEMENT(GRANT)
Methiod of Procureinente G-GOVERMENTAL AGENCY(287A57,F.S.)
Vendor Name;' MONROE COUNTY BOCC
VendorlD: F596000749114
geginning Date of This Agreement; 12/21/2023
ending Date of This Agreement; 05/01/2026
d6ntract Total/Budgetary Ceiling: ct=$731,707.00
Description: ARPA-LAP-KEY LARGO III ROADWAY AND DRAINAGE
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR JASON ADANK,CPA,COMPTROLLER ON 12/22/2023
Acton:, Original
Reviewed or Approved: APPROVED
Organization Code: 55064010612
expansion Option: SS
Object Cade: 780000
Amount: $731,707.00
Financial'Prpject: 45162215402
Work Activity(FT):- 215
CFD& 21.027
Fiscal Year: 2024
Budget Entity: 55150200
Category/Category Year:- 085149/24
Amendment lb: 0001
Sequencer 00
User Assigned ID:
Eno Line 6s)/ tatus 0001/04
Total Amount: $731,707.00
Pagel of 1