Agenda 09/28/2010 Item #16A19
Aoenda Item No. 16A 19
o September 28,2010
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the Chairman of the Board of
County Commissioners to execute a Local Agency Program Agreement with the Florida
Department of Transportation in which Collier County would be reimbursed up to
$358,800 for sidewalks on Boston Avenue from 1" Street South to 9th Street South. (Projeet
# 33122).
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FOOT Local Agency Program (LAP) Agreement in an amount of up to
$358,8000 for sidewalks on Boston A venue from I ~ Street South to 9th Street South.
CONSIDERATIONS: The Florida Oepartment of Transportation (FDOT) is willing to enter
into a LAP Agreement with Collier County, wherein FOOT will reimburse Collier County up to
the sum of $358,800 for sidewalks on Boston A venue from ]" Street South to 9th Street South.
The proposed 5' sidewalks will be constructed on both sides of Boston Avenue. The
construction costs are anticipated to be $358,ROO and the construction is scheduled to begin in
the fall of 20]1.
FISCAL IMPACT: A budget amendment is required in FYI] to recognizc grant revenue in the
amount of $358,800 in the Grant Fund 711, Project # 33122.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. - SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners:
Approve and authorize a Resolution authorizing the Chairman of the Board of County
Commissioners to execute the attached Local Agency Program Agreement with the Florida
Department of Transportation for which Collier County would he reimhursed up to $358,800 for
sidewalks on both sides of Boston A venue from 1" Street South to 9'" Street South.
Approve the necessary budget amendment to recognize revenue from FOOT Local Agency
Program (LAP) in the amount of $358,800 into Grant Fund 711, Project # 33122 and authorize
the Chairman to execute grant award FPN# 425556 for which Collier County would be
reimbursed up to S358,800 f(lr sidewalks on hoth sides of Boston Avenue from]" Street South
to 9th Street South.
Prepared By: Daniel G. Hall, P.E" Senior Project Manager, Transportation Engineering, Growth
Management Division
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Attachments: 1) Reso]ution; 2) FDOT Lap Agreement FM # 425556-]-58-0]; 3) Budget
Amendment
Agenda Item No. 16A 19
September 28,2010
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A19
Meeting Date:
Recommendation to approve a Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the Florida Department
of Transportation In which Collier County would be reimbursed up to $358,800 for sidewalks
on Boston Avenue from 1st Street South to 9th Street South, (Project # 33122)
9/28/20109.00.00 AM
Prepared By
Daniel Hall
Project Manager, Senior
Date
Transportation Division
Transportation Engineering &
Construction Management
8/31/201010:07:22 AM
Approved By
Julio F. Ordonez
Project Manager, Principal
Date
Transportation Division
Transportation Engineering &
Construction Management
8/311201010:36 AM
Approved By
Anthony Khawaja
Engineer
Date
Growth Management Division Traffic Operations
8/31/201010:50 AM
Approved By
Rookmin Nauth
ManagementfBudget Analyst
Date
Transportation Division
Transportation Adminislration
8131/20101 i :00 AM
Approved By
Dale A. Bathon, P.E,
Project Manager, Principal
Date
Transportation Division
Transportation Engineering &
Construction Management
8131/201 (J 11 :01 AM
Approved By
Ni::k Sasaianguic:a
Dire::tor" - 1ransportation Planning
Date
Transportation Division
Transportation Planning
9!;12010 10:33 AM
Approved By
NaJeh Ahmad
Director - Transportation Engineering
Date
Transportation Division
Transportation Engineering &
Construction Management
9!7i2010 1:45 PM
Approved By
Norm E. Feder. AI2P
Aaministrator .-Transportation
Date
TranSDortation Division
Transportation Administration
9/14/201010:15 AM
Approved By
;aenda Item No. 16A 19
- September 28,2010
Page 3 of 21
Marlene J. Foard
Grant Development & Mgmt Coordinator
Date
Administrative Services
Division
Administrative Services Division
9/15f2010 3:21 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transp.ortation Administration
9/15120103:32 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
9116120109:22 AM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
9/16120109:38 AM
Approved By
Jeff Klatzkow
County Attorney
Date
9/16/20109:56 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
9/161201010:24 AM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management &
Budget
Offlce of Management & 9udget
9f16i2010 2:26 PM
Approved By
Leo E. Ochs, Jr
County Manager
Date
County Managers Office
County Managrors Offi~c
9!18/2010 12:45 PM
Agenda Item No. 16A 19
September 28, 2010
Page 4 of 21
RESOLUTION NO. 2010-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING. AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE AN AMENDED LOCAL AGENCY PROGRAM
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR
SIDEWALKS ON BOSTON A VENUE FROM 15T STREET SOUTH TO 9 TH STREET SOUTH.
WHEREAS, the Stale of Florida Department of Transportation (FDOT) is willing to enter into an amended
Local Agency Program Agreement ("Agreement") with Collier County. wherein FDOT will reimburse Collier County
up to the sum of $358,800 out of an estimated $358.800 total project cost for sidewalks on both sides of Boston A venue
from I" Street South to 9'" Street South (FPN 425556-1-58-01).
WHEREAS, this Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign; the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT along with the Agreement
for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this __._ day
of ..2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form and legal sufficiency:
$Pi
Scott R. Teach, Esq.
Deputy County Attorney
Agenda Item No 16A 19
September 28.2010
Page 5 of 21
&T"''fEO~ FLOIlIO>.CEPAR'nlEffrOFlllNlSPORTATIO>.
LOCAL AGENCY PROGRAM AGREEMENT
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Vendor No: F 596000558004
FPN: 425556-1.58-01 Fund: SR2S
Federal No: SRTS 128A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN' Fund"
Federal No: Org Code:
FPN' Fund:
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County NO:03 Contrae1 No:
Data Universal Number System {DUNS) No: 60-939-7102
Catalog of Federal Domestic Assistance (CFDAl 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered Into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida. hereinafter caUed the
Department, Bnd Collier County Board of County Commissioners 3301 East Temlemi Trail Naol8S Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authortty to function adequately in all areas of Bppropriate jurisdiction including
the Implementation of an integrated and balanced transportation system and Is authonzed under Section 339.12, Florida
Statutes, to enter into this Agreement:
NOW, THEREFORE In consideration of the mutuai covenants, promises and representations herein, tM parties agree as
foll0W'5 :
1.00 Purpose of Agreem"nt: The purpose of this Agreement 15 to proVide tor the Department's participation in ~
construction of a sidewalk and as further described in Exhibit "A' attadled hereto and by this reference made a part
hereof, hereinafter called the ~project: and to provide Department financial assistance to the Agency Bnd state the terms
and conditions upon which such assistance will be proVided and the understandings 8S to the manner in which the project
will be undertaken and completed.
1.01 Attachments: Exhibit(s) A Band 1 are attached and made a part hereof
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" wlth all practical
dispatch, in a sound, economical. and efficienl manner, and in accordance with the proviSIOns herein, and ell epplicabie
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 Aaencv ProClram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the euenre as to each and every obligation under this
Agreement.
A tulllime empioyee of the A9flncy, Qualified to ensure that the work: being pursued is complete, accurate, and conSIstent
wrth the terms. conditions. and specifications or this Agreement shall be in charge of each project.
Removal of Any Un billed Funds
If Agency fails to timeiy perform its obligations in submitting in'loices and documents necessary for tt1e close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal wlthdrewal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, If any state funds ere on the project)
Agency will be responsible for the remaining unbilled funds on the project No olner fundS will be prOvided by 1he
Department. Agency waives the right to contet>t such removal of funds by the Department, If said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State l!lpproprialion authority due to Local Agency's failure or
nonperformance, In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects
Agenda Item No. 16A 19
September 28,2010
Page 6 of 21
5r"TE OF FlORI/>>. OEP.vnvE!.lT OF TFWdPORT",'nOIll
LOCAL AGENCY PROGRAM AGREEMENT
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Removal of All Funds
If aU funds are removed from the project, including amounts previously billed to the Department and reimooraed to the
Agency, and the project is off the 51ste highWlly system. thef1 the department will have to request repayment for the
previously bflled amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Explntkm of Agre.ment: The Agency agrees to complete the project on or before December 31 2011. If the
Agency does not complete the project within this time period, this Agreement win expire on the tast day of the scheduled
completion 8S provided In this paragraph unlets 8n extension of the time period is requested by the Agency and lJranted
In writing by the Department pnor to the expiration of this Agreement Expil'8.tioo of this Agreement will be considered
termination of the project. The cost of any work performed after the expir8tion date of this Agreement will not be
reimbursed by tile Department.
2.03 Pursuant to F.deral, State. and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authoriZation is requtaite under BPplicabks law to enable the Agency to onter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of lhe provisions of the Agreement, the Agency
will initiate snd consummate, as provided by law, all actions necessary wIth respect to any such matters so requisite.
2.04 Ageney Funds: The Agency shall initiate and prosecute to completion aU proceedings necessery, inclUding
federal-aid requirements, to enable the Agency to provide the necessary funds for compretlon of the project.
2.05 Submlsston of Proceedings, Contracts, and Other Documents: The Agency shall slilmlt to tile Department
such dala, reports, records, contracts, and other documents relating to the projed as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project Is $ 358 800 00, this amount is based upon tMe schedule of funding in
Exhibit WS.R The Agency agrees to bear all expenses in excess of the total cO&t of tne project and any deficits involved.
The schedule of funding may be modified by mutuel agreement as provided for In paragraph 4,00,
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided In Exhibit "B,R This amount inc;judes federal-aid funds which are limited 10 tne actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement It Is understood that Department partIcipation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the worK program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) A.pproval of all plans. specifications, contracts or other obligating documents and all other terms of this
Agreement: and
d) Department approval of the project scope and budget at the time appropriation authortty becomes available.
3.04 Appropriation of Funds: 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 Protect is in multiple flscal years,
funds approyal 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 easts ulitizing these fiscal year funds are not eligible tor
reImbursement If incurred prior to funds approval being received. The Department wilt notify the Agency, in writing. when
funds are available.
3.05 Multl~Ye.r Commitment: In the event this Agreement is in excess of $25,000 end has a term for a period af more
than one year, the proviSions of Section 339, 135(6)(a), Florida Statutes, are hereby incorporated:
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Sll'.TEOFFlOR:DIo.OfPAATlol~'-'TOFTRAfjSPORT...rJON
LOCAL AGENCY PROGRAM AGREEMENT
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'(a) The department, during any flScsl year, shall not expend money, incur any liability, or enter into any
contract which, by Its terms, Involves the expenditure of money in excelS Of the amounts budgeted as
available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this
subsection Is null and void, and no money may be paid on such contract. The department shall require 8
statement from the compuoler of the Department that funds are available prior to entering Into any such
contract or otI'1er 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 tne value of
the services to be rendered or agreed to be paId for In succeeding fiscal years, and this paragraph 'hall
be incorporated vertlatlm In aU contracts of the Department which are for an amount in excess of 525.000
and which have a term for Iii period of more than 1 year."
3.06 NotIce-ta-Proceed: No cost may be incurred under this Agreement until the Agency has received e written Notice-
to-Proceed from the Department.
3.07 Umlta on Federal Participation: Federaj...aid funds $hall not participate in any cost which 1$ not incurred in
conformity with applicable Federal and State laws, the regUlations in 23 Code of Federal Regulations (C.F.R.) and 49
C.FR. eM policies and procedures prescribed by Ihe Division Administrator of FHWA. Federal funds 6han not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof invotvlng such cost {23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any 8mount c18imed Is not
eligible, federal participation may be approved in the amount determined to be adequaleJy supported and the Department
shall nollfy the Agency in writing citing the reasons why items and amounts are not eligible for federal participation,
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be wllhheid
until compliance is obtained. \o'\.11ere non-compliance is not correctable, FHWA or the Department mey deny participation
In parcel or project costs in part or in total
For any amounts determined to be ineligible for federal reimbursement for which tile Department l1as &dvanced payment,
the Agency sl1all promptly reimburse the Depertment for all such amounts within SO days ofwrttten notice.
4.00 Project Estimate and Olsbunlement Schedule: Prior 10 the execution of this Agreement, a project schedule of
funding shall be prepared by tile Agency and approved by the Department. The Agency shall maintain said sChadule of
funding. carry out the prOJect, and shall incur obligations against and make disbu~ements of prOject funds only in
conformity with the latest approved sChedule of funding for the project. The sChedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Departmenfs Comptroller and 10 the Department's Federal-aid Program Office. No increase or decresse shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Departmenfs
Comptroller
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred uru::ler the terms of this
Agreement shall be maintained and made available upon request to the Department at all limes during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records ahal( be furnished to
the Department upon reqLJ6sL Records of costs incwrred include the Agency's general accounting records and the project
records. together with supporting dOCl..Jments and records of the Agency anrl all sLJbcontra(:jors performing work on the
proJect and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation. claim 01 Budt! is started before the expiration ot the 5-year period, the records shall be retained
until allliUgation. claims or audit findings invoNing the records have Deen resolved
5.02 Costs Incurred tor Project: The Agency shall charge te the project account all eligible costs of the project except
costs agreed to be bome by the Agency or its- contractors and subcontractors Costs in excess of the programmed
funding or attributable 10 actions which have not recatved the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to lhe prole:::t, Including any approved serviees contributed by
tile Agency or others, shall be supported by properly executed payrolls, lime records. in...oices, contracts or vouchers
evidencing in proper detail ttle nature and propnety of the charges
5.04 Audit Reports: ReCIpients of fMerel and state funds are to have audits done annually USlOg tl1e fOllOWIng criteria.
Aaenda Item No. 16A 19
~ September 28,2010
Page 8 of 21
STATE OF n~lo.o. C!'''''RHlE'-IfOFTRANSl'ORT''1'IOl<l
LOCAL AGENCY PROGRAM AGREEMENT
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The administration of resources awarded by the D&partment to the Agency may be subject to audits and/or monitoring by
the Department, 8S described in this section
Monitoring: In addition to revj~ of audits conducted In accordance with OMS Circu&ar A-133 and Section 215.97,
Florida StaMes, as revised (see ~Audits' below), monitoring procedures may Include, but not be limited to, o~5ite visits
by Department staff. limited scope audits as defined by OMS Circular A-133, as nwlsed, and/or other procedures. By
entering into this Agreemenl, the recipient agrees to comply and cooperate fully wtth any monltortng
proceduresJprocesses deemed appropriate by the Department. In the event the Department determines that 8 limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by lhe
Department frt8ff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FOars Office of Inspector General (DIG), and
the Chief Financial Officer (CFO) or Audijor General.
Audits
Part I . Federally Funded: Recipients of federal funds (Leo, state, local government or non-profit organizations as
defined in OMB Circular A.133, as revised) are to have audits done annuany using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards In its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Cm:ular A-133, as
revised, Exhibit "1- of this Agreement indicates federal resources awarded through the Departmenl by this
Agreement. In detennining the federal awards expended in Its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determinalion of amounts of
federal awards expended should be in accordance with the guidelines established by OMS Circular A-13J, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS
Circular A-133, as revised, will meet the reqUirements of this pert.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipIent shall fulfil) the
requirements relative to auditei;t responsibilities as prOVided in Subpart C of OMS Circular A-133, as revised.
3 If the recipient expends less IhBn $500,000 in feeleral awards in its fiscal year, an audit conducted in accordance
wilh the provisions of OMS Circular A~133, as revised. is not required. HOY\o'e...er, if the recipient fWects to have an
audit conducted in accorclance with the provisions of OMS Circular A~ 133, as revised, the cost of the audtt must
be paid from non-federal resources (i.e., the cost of such an audit musl be paid from recipient resources obtained
from other than federal entities).
4 Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency
Part II - State Funded: Recipients of state funds (i.e., a non~sta!e entity as defined by Section 215,97(2) (I), Flortda
Statutes) are to have audits done annually using the following criteria'
In the event that the recipient expends a total amount of slate financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a slate single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for.profit
organizations). Rules of the Auditor General. Exhibit "1' to this Agreement indicates s~ financial assistance
awarded through the Department by this Agreement. In detennining the state financial assistance expended in Its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department. other state agencies. and other non-state entities. State financial assistance does
not include federal direct or pass-througt1 awards and resources received by a non-state entity for federal
program matching requirements
2 In connection with the audit requirements llddresled In Part II. paragraph 1, the reCipient shall ensure that the
alJdit complies with the requirements of Section 215,97(7), Florida Statutes. This includes submission of a
financial reporting paCkage as defined by Section 215.97(2) (eI), Florida Statutes, and Chapters 10.550 (local
governmental entllies) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor GeneraL
Aoenda llern f'Jo. i6A19
~ Sernember 28 2010
9 of 21
$TATEOFFlQRlO.o,Ol":"...qTl"UITOFTRI\NB~"'TiOfIl
LOCAL AGENCY PROGRAM AGREEMENT
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3 If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions 01 Section 215.97, F~orlda StBtUtea, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Sectioo 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (i.e., the coal of suCh an audit must be paid from Ihe
recipient's resources obtained from other than State entities),
4 State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number. award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient anall foUow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findirlgs, appeals or litigation shall be retained until the action Is completed or the
dispule is resolved Access to prOject records and audit work papers shall be given 10 the Department. the Department of
Finandal Services, and the Auditor General. This section does not limit the authority of the Department 10 conduct or
arrange for the conduct of additional eudits Or evaluations of stale financial 8S$istance or limit the authority 01 any other
state official.
Part IV - Report Submission:
Copies of financial reporting packages for audits conducted in accordanca 'NIth OMS Circular A~133, as revised,
and required by Part I of tIlis Agreement snail be submitted. lNhen required by Sedion .320 (dl, OMS Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
8) The Department at each of the lollowing address(as)'
Michelle S. Perento
601 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audn Clearinghouse designated in OMS Circular A-133. 8S revised (the number of copies
required by Sections _320 (d)(1) and (2}, OMB Circular A,~ 33, as revised)..at the follOWing acklres~..
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1011I Street
JetfersonvlUe. IN 47132
c} Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (1). OMS Circular
A~ 133, as revised
:2 In the event that a copy of the financial reporting package reqUired by Part j 01 this Agreement and conducted in
accordance.,...;th OM8 Circular A.133, as revised, is not required to be submitted to the Department for reasons
pUrsuent 10 Section ,320 (e)(2), OMS Circular A-133, as revised. the recipient !Shall submit the required written
notificatton pursuant to Section _320 (eH2) and B copy of the recipient's audited Schedule of Expencfitures of
Federal Awards ~ to each of the following:
Micnelle S. Peronto
801 North Broadway A....enue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f). OMS Circuiar A.133. as revised. the recipient shall submit a copy of the
fmanciai reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any Management
letters issued by the auditor. to the Department af each or the following addresses'
Aoenda item No. 16A 19
, September 28, 2010
Page 10 of 21
ST"'rEOfFkOl!jDAOfP"'RT~N'TOfTR<UII6POR1ATION
LOCAL AGENCY f'ROGRAM AGREEMENT
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Michelle S. Paronto
801 North Broadway Avenue
Bartow. Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient ~ to each 01 the following:
a) The Departmenl at each of the fallowing sddress(es)'
Michelle S. Parente
801 North Broadway Avenue
Bartow. Florida 33830
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401. Pepper Building
111 West Madison Street
Tallahassee, Florida 32399.1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shell be submitted by Of on
behalf of the recipient ~ to:
a} The Department st each of the following addre$s(es)~
Michelle S, Perento
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A~133, as rev;sed, Florida
Statutes, and Chapters 10.550 (local govemmental entlties) or 10,650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
e. Recipients. when submitting financial reporting packages to the Department for audits done in accordance with
OMS Circutar A.133, as revised, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for~
profit organizations), RUles of the Auditor General, should indicate the date thai the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V ~ Record Retention: The recipient shaH retain sufficient records demonstrating Its compliance with the lenns of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall Bilow the Department or its
designee. the state CFO Of Auditor General access to such records upon request. The recipient shall ensure that the
independent Budlt documentation is made available to the Department. or its designee, the slate CFO or Auditor General
upon request for a period of at least 5 years from the date tI1e audit report is issued, un~ss extended in writing by the
Department
5.05 Inspection: The Agency Shall permit, and shall require its contractors to permlt, the Department's authorized
representatives and authorizeO agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and 10
audit the books, records, and accounts pertaining to the financing and development of tI1e project.
The Departmenl reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contradOf, sub-
contractor or materials vendor to allow public access to all documents, papers. letters or other material subject to tt'le
proviSions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(C), Florida Statutes).
5.06 Untfonn Relocation AsaistBnce and Real Property Statistical Report: For any project requiring addrnonal right-
of-way, the Agency must submit to the Department an annual report of its rear property acquisition and relocation
assistance activities on the project. Activities shall be reported on a feeleral fiscal year basis, trom October 1 through
Aaenaa 11em No. 16/1,19
~ September 22.. 2010
F'age 1 '1 of 21
ST..:n:OF F1.OI'IIOAOl!""RTWENTOl'TRAI'.5PORT.o.TlON
LOCAL AGENCY PROGRAM AGREEME~
~&mlMC)
PROJECT M........ilElE"lT o,cFICE
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September 30. The report must be prepared using the format prescribed in 49 C.F.R Part 24, Appendix 8, and be
&ubmlned to the Department no later than Oetober 15 of each year
6,00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted In detail sufflclent for a proper pre-audit and poSl-8udit ttlereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement. induding those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms. of this Agraement, in accordance INfth Section 112.061, Florida Statutes, and
Chapter J.."Travel" of the Department's Disbursement QDerations Manual, Topic 350-03D-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreemenl the Department may off1lel such amount from payments due for work or services done under
any agreement which it has with the Agency ow;ng such amount if, upon demand, payment of the amount 15 not made
within 60 days to the Department. Oftsetting any amount purtluant to this paragraph shall not be considered a breach of
contract by tt'1e Department.
7.00 Department Obltg.tions: Subject to other prOvistonS hereof, the Department will honor requests tor reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of 1he eligible costa. However, notwithstanding any other provision of this Agreement., the Department ma)l
elect by notice in wrftlng not to make a payment if:
7.01 Misrepresentation: Tile Agency shall have made misrepresentation of a material nature. in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data fumlshed therewith or pursuant
hereto:
7.02 Litigation: There IS then pending litigation with respect to the pertormance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project. the Agreem&nt or payments to the project,
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or Incurred related obligations
wrthout having been adYised by the Department that same are approved:
7,04 Conflict of Interests: There has been any yiolation of the conflict of interest provisions contained here in paragraph
12_06 or 12.07
7.05 Oefault~ The Agency has been detemune-d by the Department to t:>e in default under any of tl'1e provisions of the
Aqreemenl
7.06 Federal PartiCipation: The Department may suspend or termmate payment for thai portion of tt'1e project which the
FHWA, or the Department acting in lieu of FHWA. may designate as inellglble for federal-aid
7.07 Disallowed Costs: In determining the amount of Ihe payment, the Department will exclude ail prOJects costs
Incurred by Ihe Agency prior to the effective dale of thl6 Agreement or the date of authorization, costs Incurred after the
eXpiration of the Agreement, cos1s whtch are not prOVIded for In the latest approved schedule of funding in Exhibit "s' tor
the project, costs agreed to be borne by the Agency or its contractors ana subcontractors for not meeting the prOject
commencement and final invoice time lines, and costs attributable to goods or services received unCler a contract or other
arrangements which have not been approved in writing by !he Department
7.08 Final Invoices: The Agency must suomit the final Invoice on the pro.lec! to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-cay time period may no! be paid
8,00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may. by written notice to the Agency, suspend any or all
of its obligations under this. Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part al any time the interest of 1he
Aqenda Item No. 16A 19
~ September 28, 2010
Page 12 of 21
srAtEOFFl(l/:llo.o.OEiPAATMEHTOFTIl1M:I'O'fTAT1ON
LOCAL AGENCY PROGRAM AGREEMENT
~,~
PROJECT~ntTOFFICE
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-.
Department requires such termination.
(a) If the Department deoorTTlInes that the performance of the Agency Is not satisfactory, the Department shall notify the
Agency of the deficiency in writing wilh 8 requirement that the deficiency be corrected within thirty (30) days of euch
notice. Such notice shall pro~ide reasonable specifidty to the Agency of the defidency that requires correction. If the
defiCiency Is not corrected within such time period, the Department may either (1) immediately tenninate the Agreement
as aet forth in paragraph 8.{b) below, or (2) lue WhBtewr action 1$ deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses te take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and ell costa and expenses Incurred by the Department In corree1lng
the deficiency.
(b) If the Department terminates the Agreement. the Departmenl shall notify the Agency of such tennination in Wliting,
with Instructions to the lrlfecUve date of termination or Specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of tne
prOject satisfactorily performed for whid1 costs can be substantiated_ Such payment. however, shall nol exceed the
equivalent percentage of the contract pnce. All work in progress will become the property of the Department and will be
tum!td olo'er promptly by the Agency.
8.02 Action Subsequent to NOtlC8000f-TennineUon or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the acllons required therein which may
include any or IlII of the follOWIng: (8) necessary action to tenninate or suspend, as the case may be, project activities,and
contracts and such other action as may be required or desirable 10 keep to a minimum the costs upon the basis of which
the finanCing is to be computed; (b) fumish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The temllnstJon or suspension shall bEl carried out in coofonnity
with the latest echedule, plan, and coat as approvl!d by ltte Department or upon the b~$ of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the SchedUle, plan. and estimate within a reasonable
timl!. The clOSing out of federal financial particioation In the project shall not constitute a waiver of any claim which the
Departml!nl may otherwise have ariSing out of thiS Agreement
9,00 Contracts of Agenc::y:
9.01 Third Party Agreements: Except as otherwise authorized In writing by Ihe Department, the Agency 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 wi1h respect to the projeCl without the Mitten
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department
The Department specifically reserves unto Itself the right to revfew the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance wtth Consultants' CompeUtlVit Negotiation Act: It is understood and agreed by the parties hereto
!hal participation by the Department in a project with the Agency, where said project involves 8 consultant contract for
engineering. architecture or surveying services, is contingent on the Agency's complYing in full with provisions of Section
287,055, Florida Statutes, Consultants' Competitive Negotiation Act, At the discretion of the Department, the Ager'lcy will
involve the Department in the consultant selection process for aJl projects. In all cases, the Agency's attorney shall certIfy
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged BU51ne88 Enterprise (OBE) Policy and Obligation: It is the poliCY of the Department thai OSE's,
as defined in 49 C.F.R 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 Agency and its contractors agree to ensure tt'lat DeE's halo'e the oppor1unity to participate in the pertonnance of this
Agreement. In this regard, all recipients and contractors shaH take all necessary and reasonable steps in accordat1ce with
applicabie federal and state laws 8nd regUlations to ensure that the DBE's have the opportunity to compete for and
perform contracts, The Agency and its contractors aM subcontraclors shall not discriminate on the basis of race, coior,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
J\aencia I!sm Nu, 1UA 19
.. Sept~!mbel- 2e. 2010
Pags 13 of 21
SlATE Of fLOQICA OE;I>ARTW'NTQ"TRAItS"ClRTATlON
LOCAL AGENCY PROGRAM AGREEMENT
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PRO-llOCl MANAClI;""NTOf~ICE
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(8) Each financial assistance agreement signed with a US-DOT operating administretion (or a primary recipient) must
include the following ElQurance:
"The recipient shall not discriminate on the basIs of race, color, national origin, or sex in the award and
performance of BllY DOT-assisted contract or in the administration of its nBE program or the requirements of
49 C.F.R. Part 26. The recipient ehall take aU neceslary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondlsctimination in the award and admlnlstratlon of nOT-assisted contracts, The recipient's OBE
program, ae required by 4B C.F.R. Part 26 and lIS approved by Department, is Incorporated by reference in
this Agreement Implementation of this program is II legal obtlgatlon and failure to callY out its terms shall be
treated as a violation of this Agreement. Upon notifICation to the recipIent of Its failure to carry out its
appro"'ed program, the Department may impose sandions as provided for under 049 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 16 U,$.C 1001 anctlor the Program Fraud Ciytl
Remediea Act of 1986 (31 U.S.C. 3801 etaeq,)."
(b) Each contract Signed with 8 contractor (and eacn subcontract the prime contractor signs with a subcontractOf) must
Include the following 8nurance:
"The contractor, subrecipient or subcontractor shall not discrimtnate on the basis of race, color, national Origin,
or sex in the performance of this contract, The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 In the award and admlnlstratlon of DOT -assisted contracts. Failure by the contrador to carry out these
requirements is a material breach of this contract. which may result In the termination or this contract or such
other remedy as the recipient deems appropriate "
11.00 Compliance with Conditions and Laws: The Agency shal! comply and require Its contractors and subcontractors
to comply with all terms and conditions or this Agreement and at! federal, state, and local laws and regulations applicable
to this prOJect. Execution of this Agreement constitutes a certification that the Agency is In compliance with. and will
require its contractors and subcontractors to comply wlth, all reQuirements imposed by applicable federal, state, and local
laws and re-gulationli, inCluding the .Certlficatlon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions,. in 49 C,F .R, Part 29, when applicable
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shall not
discriminate against any employee or applicant for emptoyment because of race, age, religion, colO!", sex, national ongin,
disability or marital status. The Agency will tak.e effinnative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age. religion. color, gender, national origin,
disability or marital status. Such action snail Include, but not be limited to, the fOllowing: employment upgrading, demotion
or transfer: recruitment or recruitment advertising; iayotf or termination: rates of payor other fonns of compensation; and
selection for training, including apprenticeship The Agency shall insert the foregoing proyjsion modified only to show the
particular contractual relationShip In all its contracts in connection wlth the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all suCh contractors to insert a similar
provision in all subcontracts, except subcontracts jor standard commercial supplies or raw materials. VVhen the proJect
involves installation, construction, demolition. removal. site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work., notices to be provided by the
Department setting forth the prOvisions of lhe ~ndl&Crlmination clause.
12.02 Title VI. Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by ntle VI of the
Civil Rights Act af 1964, the regUlations of the U,S. Department of TranspotUltion issued thereunder, and the assurance
by the Agency pursuant thereto
ThEl Agency shall include prOVISlons In all eontracts with third parties that ensure compliance with Tille VI of the Civil
Rights Act of 1984, 49 C.F.R. Part 21, and retated statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency Wlli complV >Nith all the requirements as imposed by
the ADA, the regulations of the Federal goyemmant ISSUed thereunder. and assurance by the Agency pursuant thereto
12.04 Public Entity Crime: A person or affiliate Who has been placed on the conYlcted vendor list following a conviction
.A.Clenda Item No. 16A 19
~ September 28, 2010
Page 14 of 21
STATECf'Fl.OAVAClE~OFTRNlSPCRrATIO"
LOCAL AGENCY PROGRAM AGREEMENT
~,..,
!'l:lOJECT",^",^13EWENTOI'F1CE
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-"
for a public entity crime may not submit a bid on B contract to provide any goods or services to a public entity; may not
submit a bid on a contract with 8 public entity for the construction or repair of a public building or putMic work; may not
submit bids on lea58s of real property to a pub/ic entity; may not be awarded or perform work 85 II contrador, supplier.
subcontractor or consultant under a contract with any pub~c entity; and may not transact business with any pUblic entity In
excess of the threshold amounl provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period 0136
months from the date of being placed on the convicted vendor list.
12.05 Discrimination; 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 e
contract to provide goods or services to a public entity; may not submit a bid on a contl'BcI: with a public entity for the
construction or repair 01 e public building or public work; may not submit bids on leeses of real property to a public entity;
may not be awarded or perlol1T1 work as a contractor, supplier, subconll'Bc1or or conSllltant under a contract with any
public entlty; and may not transact buslnea& wlth any public entity.
12.06 Suspension, Revocation, Denla' of Qualification or Detennlnation of Contractor Non-Re.ponslblllty; 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 perfonn work for the construction Ol' repair
ot a public building or public work on a contract with the Agency.
12.07 Prohibited Intel"Ut$: Neither the Agency nor any of Its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property induded or planned to be included in
the project in which any member, officer or employee of the Agency or the locality dUring tenure or for 2 yesn thereafter
has any Interest, direct or indirect If any such present or fonner member, officer or employee Involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disdoBed to the Agency, the
Agency, 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 Agency or the locality relating to such
contract, subcontract or arrangement
The Agency shall Insert in all contracts entered into in connection with the project or any property induded or planned to
be induded in any project, and shall require its contractors to msert in each 01 their subcontracts, the following provision:
'.No member, officer or employee 01 the Agency or of the locality C1urrng his tenure or for 2 years
thereafter shall have any interest. direct or indirect, in this contract or the proceeds thereof,"
The proviSions of this paragraph shall nol be applicable to any agreement between the Agency and Its fiscal depositories
orto any agreement for utility services the rates for which are fixed or controlled by a governmental agency
12.08 Interest of Members Of,or Delegates to. Congress: No member or delegate to the Congress of the United
States shall De admitted to any share or part of this Agreement or any benefit anslng therefrom.
13.00 Miscetlaneous Provisions;
13.01 Environmental Regulations: The Agency will be solely responSible for compliance with all the applicable
envIronmental regulations, for any liability arising from non--compliance .....ith these regulations, and will reimburse the
Department tor any loss incurred in connection therewith, The Agency will be responsible for securing any 8ltPhcab1e
permits
13,02 Department Not Obligated to Third Parties: The Department shall nol be obligated or liable hereunder to any
individual or entity not a party to this Agreement
13.03 When Rights and Remedies Not Walved: In no event shall the making by the Department of any payment to lhe
Agency constitute or be construed as a waiver by the Departmant of Ilny breacn of covenant or any default whlcn may
then exist on the part of the Agency and the making 01 such payment by the Department, whl&e 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 breactl
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any proviSion of this Agreement is held Invalid,
the remainder of Ihls Agreement shall not bE affected In suc:n an instance, the remainder would then continue to conform
p,oenc';c} 118m i'~c '16A 19
~ September 28,2010
Pclq€ '15 of 21
~U.TE OI'fLORio.o.DEP,o,IlTIllENlOF TRAtlSPOR'TATIOl-<
LOCAL AGENCY PROGRAM AGREEMENT
~r...II1G-<<l
PROJECT W.I!JoWJEIIIENT QffiCE
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P.11
to the terms and requirements of applicable law
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that It has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the finandng
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provilion
or perform sny act or do any other thing in contravention of sny applicable state law. If any of the provisions of the
Agreement violate any appliceble 5l8le law, the Agency will at once notify the Department in wrltin~ in order thai
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed 88 lOon as possible with the project.
13.07 Plans and Specfftcatlons: In the e...ent that this Agreement involves constructing and equipping of facilities on the
State Highway System. the Agency shell submit to the Department for approval all appropriete plans and specific:etions
covering the project. The Department will review all plans 8M specifications and will isaue to the Agency a written
approval with any approved portions of lhe project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Depamnenrs satisfaction,
the Department will issue to the Agency a 'Wl'itten approval with ask! remainder of the project Failure to oblain this written
approval shall be sufficienl cause of nonpayment by the Department. The Agency will physically indude Form FHWA-
1273 in all its contracts and subcontracts
13.08 Right-of-Way Certification: Upon completion of right-af-way actIvities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certificstion is required prior to advertisement for or
solicrtation of bids for construction of the project, including tholle projects for which no right.of.way is required,
13.09 Ag&ncy Certtficatlon: The Agency will certify in writing, pnor 10 project closeout that the project was completed in
accordance with applicable plans and specifications, is In place on the Agency'!) fadllty. adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable lor the intended purpose
13.10 Agreement Format: All words used herein in the singUlar form shall extend to and inciude the plural. All words
used in the plural form shalf extend to and rnclude the singular All words used In any gender shall extend 10 aM include
all genders
13.11 ExecutIon of Agreement: ThiS Agreement may be simultaneously execuled in a minimum of two counteTparts,
each of which so executed shall be deemed to be an Original, and such counterparts together shall constitute one in the
same instrument
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by Dr on behalf of the
Agency, to any person for innuenclng or attempting to influence any officer or employee of any federal agen~, 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. tne making of any federal granl, the making of any federal loan, the entering into of any
cooperative agreement, an{j the extension. continuation, renewal, amendment or modification of any federal contract,
grant. loan or cooperative agreement.
If any funds ather than federally-appropriated funds have been paid by the Agency to any person for mfluencing or
attempbng to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of 8 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 Agency shall require that the language of thiS paragraph be Incluoed In the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients snall certify and disclose accordingly
State; No funds received pursuant to thiS contract may be expenCled for lobbying the Legislature, the judicial branch or a
state agency.
Agenda Item f'-Jo, 16A 19
September 28,2010
Page 16 of 21
STAn: OFFlCl'UD4OEPAAT...ENT OFT1>>>ISPOl'llATlON
LOCAL AGENCY PROGRAM AGREEMENT
s.:!5-01c..lO
PROJEC'TaolA.Nol.GE"'&NTO"FlCE
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13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department righi-ai-way, the Agency CSl will 0 wlll not
maintain the improvements made for their useful life ,
13.14 Vendol"5 Rights: Vendors (in this document Identified as the Agency) providing goods and services to the
Department should be B'Nllre of the following tima frames. Upon receipt. the Department has 5 working d8y& to Inspect
and approve the goods and services unless the bid specifications, purchase order or contract spectftes otherwise. The
Depan.ment has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received. inspected, and
approved.
If s payment is not available within 40 days after receipt of the invoice end the receipt, inspection, and approval of goods
and seNlces, a separate interest penalty in accordance wltt1 Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of le&s than one $1 will not be enforced unless
the Agency requests payment. In'Voices which have to be returned to the Agency because of Agency preparation 81TOrs
wUl resutt in a delay in the payment. The invoice payment requirements do not start until a property 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(&) from the
Department The Vendor Ombudsman mClY be 'COntacted at 850-413~5516 or by calling tl1e State Comptroller's Hotline,
877-693-5236.
13.16 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures. and regulations. If at BOy time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by tl'1e
Agency and FHWA requires reimbursement of the funds, tt1e Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement Federal Economic Stimuius ewsrds do not exampt the Agency
from adherence to federal guidelines. procedures, and regulations
".;').:.ndb Il~l'td'<;'t:~-~-4 6A 1~}
SePtember 28. 2010
Page 17 0:' 21
ST...nOFFl(Y'llo.o.DEP"'Fl'TlolENTOf'T"I"'~PORT"'TKlN
LOCAL AGENCY PROGRAM AGREEMENT
"'.",,""
f>F.QJECT w.No"'-GEloleNT OffiCE
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IN WITNESS VVI-IEREOF, the parties have caused these presents to be executed lhedey and year first above written.
AGENCY COLLIER COUNTY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Nama: Freo.,W. CC"oI\e, c."o.,,"".....
Tille: BDCe ChaIrperson or DMlgnee
Name: Dick Combs
Title: Diredor of Transportation Development
Attest
Title: County Clerk
Attest:
Title: Executive Secretary
As to farm"
As to form
AtlOI'ney
(~
!S~{)
,_/
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller
Agenda Item No 16A19
September 28,2010
Page 18 of 21
ST"'TEOl'FtOPtIOAD'EPNlTIIIENTO"tAAUflPORT,I;.TON
LOCAL AGENCY PROGRAM AGREEMENT
,,~~
PROJECT ..-G9IENf ClA'lCE
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PIog.'.
EXHIBIT " A"
PROJECT DESCRIPTION AND RESPONSIBilITIES
FPN: 425556-1-58-01
Th!s exhibit forms an integral part of the Agreement between the State of FlOrida. Department of Transportation and
Colller County, dated
PROJECT LOCATION; Boston Avenue from 1.1 Street South to 9th Street South
The project 0 is C81ls not on the National Highway System,
The project 0 is 0 is not on the State Highway System
PROJECT DESCRIPTION: Construct 5' wide sidewalks on bottl sides of Boston Avenue.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall indude a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the IIrnoun! of state funding action (receipland disbursement of fundS), any federal or local funding ~ction, and
the funding action from any other source with respect to the project.
No later than at 100% plans submittal. the Agency will submit to the Department the project Bid Package to include
Specifications, updated construction estimate, draft construction contract, completed construction checklist and the
Agency's Certificalion Clear Package All Items must be reviewed, approved and II Notice to Proceed must be issued by
the Oepsrtmenl prior 10 any construction related activities, Including project advertisement. Construction related activities
conducted prior to Notice to Proceed will not be reimburfied and may render the entire project ineligible for federal
funding The Certification Clear Package must Include the following items completed and Signed by the authorized
Agency representative'
1) Rail Clear Letter
2} Permits Clear Letter
3) Utilities Clear/Coordinated Letter
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Righl-of-Way to be certified by October' 2010,
b) Construction contract to be let by June 1 2011,
c) Construction to be completed by Oecemoer 31 2011.
If this schedule cannot be met, the Agency will notify the Department in writing prior to Seotember 1 2010 with a revised
schedule or the project is subject to the withdrawal of federal funding.
/--\Q8llda ilem r'~o. 16,\1~;
SeDlel11ber 22.. 2010
~Clge 19 of 21
STATE OF 'lOR CIA OEPARTWENT O~TR...NSKlIitT"'TlON
LOCAL AGENCY PROGRAM AGREEMENT
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"ROJECT WANAGEMEN"' QFF1Cl'
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1'1..,.,15
EXHIBrT "A"
PROJECT DESCRJPTION AND RESPONSIBIUTIES
All work to be conducted outside of the Department Right-of*Way shall adhere to
1> The 2007 Florida Greenbook standards, as amended
2) AI: a minimum follow the LAP SpecffiCl!ltlons
All work 10 be conducted within the Department Right-of-Way shell adhere to the ~Iowlng:
1) The FOOT standard specification tor road and bridge construction, 2010 edition as amended, and
2) The FOOT roadway and traffic design standard, 2010 edition 88 amended and design criteria from the PPM,
2010 edition as amended.
For all projects the following will apply:
1) Section 287.055, F.S. "Consultants Competitive Negotiation Act,. when aCQuiring a consuhanl utilizing federal
funds
2) FDOT Project Development and Environmental Manual
3) The local Agency Program Manual
The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of
the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 52~
010-42). This form must be completed and accepted by the O~artmenl prior to payment of the project Final Invoice.
The Agency will inform the Department in wTiting of the commencement and completion of the project. Upon completion
of the construction phase, the Department will have forty-five (45) days Bfter receipt of the Agency'. final construction
invoice to review, inspect and approve tne construction phase for payment All other invoices for project phases and all
other progress payments shall be processed in accordance with the Department's procedures and gUiDelines for invoice
processing. The Agency will provide progress billing invoices to tne Department on a minimum of a Quarterty basis.
The Agency will be responsible for acquiring all required and applrcable permits for the project for review and approval
prior 10 construction.
SPECIAL CONSIDERATIONS BY DEPARTMENT
The Department shall reimburse the Agency, subject to funds availability, rn Itle ytlar programmed, which is currently FY
10/11 for construction.
Aqenda Item No. 16A 19
c September 28,2010
. Page 20 of 21
ST,I,TEOF!'1.ORIDAOEPNIlloleNTOFTRNlSPORT.l.nON
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANMJEMfNT OfflCE
....
P_ll!
EXHIBIT 'lB"
SCHEDULE OF FUNClNG
AGENCY ~E & BILUNG ADDRESS
CollierCoul'lt)'
BOIIrD of Col.l'lly CommiaalOnef3
3301 E881TarriBmiTI8I1
Nlples,Floridll34112
FPN'
425556-1-58-01
Name: ~ LAnglt1: ADorOllimatf!lv05m11AA
PROJECT DfSCRJPTtON
Termini: eo.IM AVfl>nue frcm 1" StI'l!e1 South to g" Strel!d Soutl'!
This agreement covers the construction phase costs. Funds for the construction phase are in fiscal year 10/11. No
constructIon phase work may commence without Issuance of iI NOTICE TO PROCEED from the Department. AY811ablllty
of any fundsls subject 10 legislative approval. The Construction, Engineering and Inspection (eEl) of this project will be
funded by the County.
FUNDING
(" m (3)'
TYPE OF WORK Bu Fiscal Vear TOTAL AGENCY ST....lE&
f>ROJECTFUNOS FUNOS Ff'OERAl FUNDS
Planning 2010-2011
2011-2012
Total Planning Cost
Project O'....lop"M'"t & Environment (PO&E)
2010-2011
2D11-2012
Total Po&E Cost
Oul;" 20~Q...2011 I
2011-2012
Toal Dellign COSt I
fUght.of-W1l)' 2010-2011 I
2C11-2012 ,
1otslRlght..of-WayColit j
CQnS1nretlon 201 D--Z011 I S35880000 S3588OO.00
201 ~-:2012 i
201:2-2013 --
lotal Con,trudkm CoBI 358800.00 35880000
Conatl'uetion El1gl,,""ng .nd IM~cn {CEI)
2010-lO11
2011-2012
2012_2013
TOlal Construction and eEl Colts ~58800_QO' S35B 800.00
TOTAL COST OF THE PROJEeT S3SB,800,QOT $358.800.00
The Departmenfs fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1st or July of each fiscal year. The Department will notify the Agency, in writing, when funds are aI/sUable.
,L\UEmda Item No_ -16j\ 19
" Seplemoei' 22.,2010
Page 21 of 21
STATE OF Fl.ORl[),l, DEPAATllIftiT OF TAANSPOftT.o.T'ON
LOCAL AGENCY PROGRAM AGREEMENT
~.!\-l)1/)4J
PROJECTIlIMl'IGEllENTOFF>CE
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-"
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFOA It; 20.205 Highway Planning and Construction
Amount: S 358.800,00
Compliance RequIrement:
Allowable Actlvltles: To be eligible, most projects must be located on public roads that are not functionally c1allslfied as
locaL The major exceptions are the Highway Bridge Repiacement and RehabilltetiOf'l Program, which provides eaaiatance
for bridges on and off the federal-aid highways, highway safety activllies, bicycle end pedestrian project&, transportation
enhancement activities, the recreational trails program, and planning, research, development, end technology transfer,
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of stale and local priorities within the limit of the funds apportioned or allocated to each state
Allow.ble Costs: Eligible activities and allowable costs will be determined in accordance with Tille 23 and Title 49
C.F.R and the OMS cost principles applicable to Ihe recipienUsubMr8Cipient.
Eligibility: By law, the federa!~ajd highway program is a federallY assisted state program thai requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded unaer the federalMsid highway program are
generally selected by state DOTs or Melropolftan Pianning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U,S.C and implementing regulations. Territorial highway projects are funded in the same
manner as other federa/..aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal lands Highway and its Divisions or by the various Florida land Management Agencies
(FlMAs) Under the FlHP, projects in the Indian Reservation Road {IRR} Program are selected by Tribal Govemments
and are approved by the Bureau of Indian Affairs (SiAl and the FHWA Due to recent l~islation, Tribal Govemments
meeting certain requirements may now aaminister various IRR prOjects on behalf of the BIA and FHWA. The Fish and
Wildllfe Service (FWS) and the National Psri( Service (NPS) select projects in tile Refuge Road and Park Roads and
Parkways programs, respectively, For the Forest Highway Program, the Ferest Service, the States and the FHWA Jotntly
seled prOlects
Compliance Requirements Applicable to the Federal ResQurces Awarded Pursuant to This Agreement Are As
Follows: The redplent of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339,12. and 339,135, Florida Statutes, and Title 23 and Tille 49, CF,R