Backup Documents 05/14/2019 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP FDU1 q.2-•
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
.
2.
3 County Attorney Office County Attorney OfficeZ..\111. >} `
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office f
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Mark McCleary Phone Number 252-8442
Contact/ Department
Agenda Date Item was 5/14/2019 ; Agenda Item Number 16.A.17.
Approved by the BCC
Type of Document LAP Agreement C.w, cF� Number of Original T
Attached I'� => (�.�- �a✓� /l Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. tial) Applicable)
1. Does the document require the chairman's original signature? MM
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on /'f-I t and all changes made during theg "®
meeting have been incorporated in the attached document. The County Attorney's a ��
Office has reviewed the changes,if applicable. ` p
9. Initials of attorney verifying that the attached document is the version approved by he — 1��•. �e�
BCC, all changes directed by the BCC have been made,and the document is read forte
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 224.5;Revi • 30/12
16A17
6 A
RESOLUTION NO. 2019 - 8 0
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS
CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE DESIGN OF SIDEWALK IMPROVEMENTS ALONG CARSON
ROAD, FROM WESTCLOX DRIVE TO CARSON LAKES CIRCLE. (FPN
441480-1-38-01)
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement (the "Agreement") with Collier County, wherein FDOT
will reimburse Collier County up to the sum of $54,738 for the design of sidewalks and related
improvements on the south side of Carson Road, from Westclox Drive to Carson Lakes Circle.
(FPN 441480-1-38-01); and
WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the
public interest and benefits 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
Agreement pertaining to FPN 441480-1-38-01.
2. The Collier County Clerk is directed to forward a certified copy of this Resolution 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,
this14 4 day of , 2019.
ATTEST: BOARD OF CO II TY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk OF COLLIE' S 1� , FLORIDA
" ,a: -- �� r
By: cr \y By: _ �I
Attest as t0 Chairman
yV Wil lam L. McDaniel,Jr.
signature only, Chairman
Approved!as # form and legality:
/ •
Sc. ' A. St.ne,''°
Assistant Attorney
[19-ECM-02405/1459063/1]
STATE6 A 1 7
OF�o�^���v ��m�mu��o PROGRAM MANAGEMENT
��
LOCAL AGENCY PROGRAM AGREEMENT OGomvC-no,n
Page 1 of 15
_ ___
FPN: 441480-1-38-01 FPN. FPN:
Federal No(FAIN): D117-056-B Federal No(FAIN): Federal No(FAIN):
Federal AwarDate: Federal Award Date: Federal Award Date:
Fund: SR2T Fund: Fund:
Org Code5013030152 Org Code: Org Code
FLAIR Approp: 780000 FLAIR Approp: FLAIR Approp:
FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj:
County No:03 (Collier) Contract No:
Recipient Vendor No: F596000558102 Recipient DUNS No: 76997790
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agnement"), is entered into on
. by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only) ,
of the State of Florida (^Depa�mant^). and Collier County<''Redpient )
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 339.12. Florida
Statutes. The Recipient by Resolution or other form of official authohzadon, a copy of which is attached as
Exhibit "D" and made a part of this Agreament, has authorized its officers to execute this Agreement on its
behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
design of sidewalks near Eden Park Ekemerdam, as further described in Exhibit "A", Project Description and
Responsibilities attached to and incorporated in this Agreement (^PnojonY'), to provide Department financial
assistance to the Recipient; state 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 Recipient agrees to complete the Project on or before December 31, 2020. If the
Recipient 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
Recipient 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$54,738,00(Fifty-Four Thousand, Seven Hundred Thirty-Eight Dollars).
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$54,738.00(Fifty-
FourThouoand. Seven Hundred Thirty-Eight Dollars) and as more fully described in Exhibit "B". This
amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The
Department's participation may be increased or reduced upon determination of the actual bid amounts of
the Project by the mutual execution of an amendment. The Recipient 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.
c. 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:
16 A 1 7
smeo,,mnm^o��n����w ,m�n� PROGRAM MANAGEMENT
525-010-40
LOCAL AGENCY PROGRAM AGREEMENT vccwoc-`2/18
Page,*m
i Legislative approval of the Department's appropriation request in the worprogram year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in paragraphs 5.1. and S.m. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
|v. Department approval of the Projecscope and budget at the time appropriation authority becomes
available.
S. Requisitions and Payments
a. The Recipient 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".
b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables 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 Recipient shall include an invoioe, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progress report that is approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Recipient or others, shall be supported by properly executed payro||s, time records, invoicea, 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 Recipient 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. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300'000'06 and will be paid in accordance with Section 112.081, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
f. 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(2Q). Florida Statutes.
If this box is na|eotod, advance payment is authorized for this Agreement and Exhibit "H",
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to
be specified by the Department.The Recipient shall,within thirty(30)days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
contract non-performanceunacceptable performance, failure to meet the minimum performance |ave|n,
deliverable deficiencies, or' contract non-compliance. If the corrective action plan is unacceptable to the
1 6 A 1 7
525-010-40
STATE OF FLORIDDEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 'mpnnC-u',*
Page 3 of 15
Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved,the
Recipient may biH the Department for the unpaid reimbursement requast(n)during the next billing period..|f
the Recipient iounable Uuresolve the dm�oionoy. the funds ahaUbefo�ei0edatthe end ofthe Agreements
term.
g. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department's
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F3.. will be due and payab|a, in addition to the invoice amount, to the RenipianRecipient.|nUeres penalties of less than one 1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within 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.
h. The Recipient 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 Recipient's general accounting records
and the project neoordu, together with supporting documents and recnrde, 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.
i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient 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 a Local Agency Program ("LAP") Supplemental Agreement between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient's contract award amount.
j. If, after Project uomp|otion, 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 Recipient 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.
k. The Recipient 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.
I. 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
Rooipien1, in whting, when funds are available.
m. 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.
16A17
STATE OF FLORIDA DEPARTMENT PROGRAM MANAGEMENT
525-010-40
LOCAL AGENCY PROGRAM AGREEMENT uGCmnC-`zn^
Page 4 of 15
"The Dapartment, during any fiscal year, shall not expend money, incur any |iabi|hy, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The Department shall require a statement from the comptroller
of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years, and this paragraph shall be incorporated verbatim in all contracts of the Department
which are for an amount in excess of$25,000 and which have a term for a period of more
than 1 year."
G. Department Payment Obligations:
Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. Hmwever, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:
a. The Recipient shall have made misrepresentation of a material nature in its app|icaUon, 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 Recipient of any of its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient 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 incurrerelated 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 14.f.: or
e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration
<^FHVVA^>. or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department's issuance of a Notice to Proceed ("NTP"),costs incurred after the expiration of the Agreement,costs which
are not provided for in the latest approved schedule of funding in Exhibit "6"for the Project, costs agreed to be borne by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
and costs attributable to goods or services received under a contracor other arrangements which have not been approved
in writing by the Department.
7. General Requirements:
The Recipient shall complete the Project with all practical dispotch, in a sound, oconomica|, and efficient manner, and in
accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
all applicable Department procedures, guide|in*s, manua|s, otandavds, and directives as described in the Department's
Local Agency Program 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. A full time employee of the Recipient,qualified to ensure that the work being pursued is complete, accurate,
and consistent with the tevnm, cundidono, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i Administers inherently governmental project activities, including those dealing with cost, time,
16
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525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 12118
Page,ofw
adherence to contract mquinemenb, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
nworoight, including proper documentation;
vii. Is aware of the quedi8cahons, assignments and on-the-job performance of the Recipient and
consultant staff at all stages of the Project.
b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quortor|y),
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Dopartment, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or the loss of state appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely
responsible to provide all funds necessary to complete the Project and the Department will not be obligated
to provide any additional funding for the Project. The Recipient waives the right to contest such removal of
funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related
to the loss of state appropriation authority. In addition to the loss of funding for the Project,the Department
will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred
under this Agreement until after the Recipient has received a written NTP from the Department. The
Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department
issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement,
the Department District LAP Administrator should be notified as soon as possible.
c. If all funds are removed from the Pnoject, including amounts previously billed to the Department and
reimbursed to the Ronipient, and the Project is off the State Highway Syntem, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system pnojecte, 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.
d. In the event that any e|ection, vahsrendum, mppnovm|, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient 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 Recipient will initiate
and oonoummate, as provided by law, all actions necessary with respect to any such matters.
e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements,to enable the Recipient to provide the necessary funds for completion of the Project.
f. The Recipient shall submit to the Department such data, roporta, records, oontrautn, and other documents
h Department FHVVA moy require. The Recipient shall make such
relating to the Project as theand
submissions using Department-designated information systems.
g. Federal-aid funds shall not participate ri any cost which is not incurred in conformity with applicable federal
and state laws, the regulations in 23 Code of Federal Regulations(C.F.R.)and 49 C.F.R.,and policies and
procedures prescribed by the Division Administrator of FHVVA. Federal funds shall not be paid on account
of any cost inurred prior to authorization by FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount
/{ l
1 6 A 1 7
52,�0-^
sTArE Of FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMEN
LOCAL AGENCY PROGRAM AGREEMENT OGm00O-12/18
Page 6 of 15
claimed is not a|igibka, federal participation may be approved in the amount determined to be adequately
supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts
are not eligible for federal participation, Whercorrectable non-compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total, For any amounts determined to be ineligible for federal reimbursement for which the Department has
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90
days of written notice.
h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis,from October 1 through September 30. The report must be prepared
using the format prescribed in 49 C.F.R, Part 24, Appendix B, and be submitted to the Department no later
than October 15 of each year.
8. Audit Reports:
The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to
audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with
all audit and audit reporting requirements as specified below,
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200' Subpart F —Audit Requiremento,
monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures
ino|uding, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to federal awards
provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department,The
Recipient further agrees to comply and cooperate with any inspections, rmviewa, investigations, or audits deemed
necessary by the Departmont. State of Florida Chief Financial Officer("CFO"), or State of Florida Auditor General.
b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by
the Department through this Agreement is subject to the following requirements:
i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200. Subpart F—Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award
identification information needed by the Recipient 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 Recipient 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 Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements.
toM ?
STATE OF FLORIDDEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT ^GC/00C'12/1,
Page,u`,
iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit
Requivemento, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
However, the Recipient must provide a single audit exemption statement to the Department at
FOOTSing|eAuditdoLaCa0o.Oum no later than nine months after the end of the Recipient's audit period for
each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR
Part 200. Subpart F — Audit Requinamontx, in federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200. Subpart F —Audit Requirements, the cost of
the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than federal entities).
iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at
https://harvester.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 Raquivomnn|o, and this Agreement. However, the Department requires a copy of the audit
reporting package also be submitted to FDOTSingleAudit(a.dot.state.fl.us within the earlier of 30 calendar days
after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient's audit
reporting pmokagn, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate action on all defiuienoieshas been taken pertaining to the federal
award provided through the Department by this Agreement, If the Recipient fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional
conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied
by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which
actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
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 C.F.R. 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;
G. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient's records including financial ata1emen\o, the
independent auditor's working papnrs, 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
TaUahenaee, Florida 32399-0450
FDOTSinq|eAudb@doLatate.O.uu
cThe Recipient 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 Recipient shall ensure that the audit working
papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.
9. Termination or Suspension of Project:
1 6 A 1 7
��0-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIOPROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT oGC/oG-`a,a
Page 8 of 15
The Department may, by written notice to the Reopient, suspend any or all of the Department's obligations under this
Agreement for the Recipient'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 Recipient 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 Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, howovyr, may not
exceed the equivalent percentage of the Department's maximum financial assistance, 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-
waywiUbeoomethepropertyoftheOcpadmentondwi|| boturnedoverprnmpt|ybytheRauipient
d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient 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 cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the qualifications
of any consultant or contractor and to approve or disapprove the employment of such consultant or
contractor.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engneehng, architecture or
surveying oorviueo, is contingent on the Recipient's complying in full with provisions of Section 287.055.
Florida 8tetutau, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department,the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient 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 Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement.
The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.
11. Disadvantaged Business Enterprise(DBE) Policy and Obligation:
It is the policy of the Department that DBE'u, as defined in 49 C.F.R. Part 26, as amanded, 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.
"C�
1 6 A 1 7
���,�m���n�wr�m��o�^�w 525-010-40
AGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGo00C-12/10
page"*,,
The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Conditions and Laws:
The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all fedmra|, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federa|, state, and local laws and egu|adons, including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions,"
in 49 C.F.RPart 29, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations:
Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversiht needs and
provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or
designee as part of the Project closeout processThe Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state negu|adonu,
standards and prooedunon, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the
Project in accordance with applicable federal and state regulations,standards and procedures,with minimal
District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the
project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions,Controls, and Labor ProvisIons:
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient 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 Recipient
pursuant thereto. TheReoipientaha|| indudethemttachedExhibit°C",Tit|eV1AysumnnosinaUoontnacts
with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Acof 1964.45 C.F.R. Part 21, and related statutes and regulations.
b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work;may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, nupp|ior, 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 Gtututey, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
1 6 A 1 7
STATE OF FLORIDA DEPARTMNT OF TRANSPOmnON PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT uGCm0C-12,18
Page ID oIlS
d. 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 wor ; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contmctor, oupp|ier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
e. 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 Recipient.
f. Neither the Recipient 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 Recipient or the locality during
tenure or for 2 years thereafter has any inVurnst, direct or indirect. If any such present or former mambor,
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 Recipient, the Recipient, 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 Recipient or the locality relating to such
contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in any 9roject, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No membar, officer or employee of the Recipient or of the locality during his tenure or for 2 years
thereafter shall have any\ntonest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
Q. 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.
15. 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 theeof, a third-party
beneficiary under this Agneement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the
Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors,or
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law,the Recipient's contractor shall indemnify and hold harmless
the Recipient, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities,damages, losses and cooto, including, but not limited to, reasonable attorney's fees,
to the extent caused by the nag|igonoo, recklessness or intentional wrongful misconduct of the
contractor and persons employed or utilized by the contractor in the performance of this Contract."
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's
sovereign immunity."
b. The Recipient 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 inFlorida,affording public liability insurance with combined bodily injury limits of at least$200.000
per person and $300,000 each occurrence, and propenydumageinsunanceofat |eant $2O0.OOOeack
1 6 1 7
�����omo�^�w�r�rww�o�mm PROGRAM MANAGEMENT
525-010-40
LOCAL AGENCY PROGRAM AGREEMENT »GC/00C-/2/18
Page r*`"
oocunnnce, for the services to be rendered in accordance with this Agreement. The Recipient 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 Agmnment, all such policies shall be issued by companies
licensed to do business in the State of Florida. The Recipient 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 oovarage, thirty days advance notice shall
be given to the Department or as provided in accordance with Florida law.
16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way, the Recipient
Fl«haU
O shall not
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
Agvewment, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient 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.
17. Miscellaneous Provisions:
a. The Recipient will be solely responsible for compliance with all applicable environmental negu|atkons, for
any liability arising from non-compliance with these egu|aUons, and will reimburse the Department for any
loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits.
The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000, a provision
requiring compliance with all applicable ytyndando, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401'7671q) and the Federal Water Pollution Control Acas 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 Recipient constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Recipient and the making of such payment by the Department, while any such breach or default shall
exiat, 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 inva|id, 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.
e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
f. Nothing in the Agreement shall require the Recipient 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 Recipient will at once notify the Department in writing
16A17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT vop00c-12/18
'"v°,'*`,
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
g. In the event that this Agreement involves constructing and equipping of facilities,the Recipient 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 Recipient 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 Recipient 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 Recipient 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.
|' The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and spooi8cehonn, is in place on the Recipient's foci|ity, adequate title is in the
Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose.
j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the Rouipien\, to any person for influencing or attempting to influence any officer or employee of any
federal agenoy, a Member of Congeaa, an officer or employee of Congress or an employee of a Member
of Congress in connection with the awarding of any federal oonhaot, the making of any federal grant, the
making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,
nenewa|, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any
funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing
or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer
or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. The Recipient 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, |oano, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the
judicial branch or a state agency.
k. The Recipient may not permit the Engineer of Record to perform Construction. Engineering and Inspection
services on the Project.
I. The Recipient shall comply with all applicable federal guideUnes, pmceUumas, and regulations. If at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidn|inem,
pmoedureo, and regulations were not followed by the Recipient and FHWA requires reimbursement of the
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
m. The Recipient shall:
i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient 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.
n. 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.
6 A 1 7
�moppomm^���w ��n��o �m PROGRAM MANAGEMENT
525-010-10
LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-12118
Page 13 of 15
o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive
solicitation for the Project 50 percent or more of the cosof the Project is to be paid from state-appropriated
funds, then the Recipient must comply with the requirements of Section 255.0991. Florida Statutes.
18. Exhibits:
a. Exhibits "A '. "B". ^C". ^0". "E" and''F" are attached 0nand incorporated into this Agreement.
b. 0 If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is
attached and incorporated into this Agreement.
c. 0 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 Pnovioiona, is attached
and incorporated into this Agreement.
d. 0 State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State
Funds Addendunn, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance(Florida Single Audit Act), is attached and incorporated into this Agreement.
e. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit"K",Advance Project Reimbursement is attached and incorporated into this
Agreement.
f. 0 This Project is located off the State Highway System and includes funding for landscaping. If this Project
is located off the State Highway System and includes funding for landscaping,then Exhibit"L", Landscape
Main0enanoe, is attached and incorporated into this Agreement.
g. 0 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.
h. 0 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.
i. A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit"0",Terms and
Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement.
j. The following Exhibit(s)are attached and incorporated into this Agreement;
k. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit 8: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance(Single Audit Act)
Exhibit F: Contract Payment Requirements
°Exhibit G: FHWA Form 1273
~Exhibit H: Alternative Advance Payment Financial Provisions
* Exhibit I: State Funds Addendum
* Exhibit J: State Financial Assistance(Florida Single Audit Ac)
* Exhibit K;Advance Project Reimbursement
°Exhibit L: Landscape Maintenance
^ Exhibit KA: Roadway Lighting Maintenance
* Exhibit N; Traffic Signal Maintenance
* Exhibit 0; Terms and Conditions of Construction in Department Right-of-Way
1 6 A 1 7
525 010 40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-12/1B
Page 14 of IS
*Additional Exhibit(s):
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
1 6 A 1 7
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPOR TAT ON PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT 000/000-12/18
Page 15 of 15
IN WITNESS WH ' OF, - parties have execute yis Agreement on the day and year written above.
. as,
. „
.. Illiir
RECIPIEN ,tCA.; C•UN ) ,,/ STATE OF FLORIDA, DEPARTMENT OF TRANSPORT KT'
41" I t „sfi
/
By: A ._... 404.. By:
r-.
Na ;,. William L. McDaniel,Jr. Name:
Title,: Chairman Title:
jt
44k:.''.4 d1):18;1! fi7ra 6d legality
Legal Review: i7C '214ct 0
6c,A44- A.64,04AssistOt eourity Attorney ia al,90A
= ,
I i
ATTEST: .. ,
,- •
Y VAL,KI EL;,PLERI‘v,n, -)
ta,
,ty-Cler,k,A
Attest as to Chairman's
s V
sigrtature only,
/-:3\
1 6 A 1 7
srAT,OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGC-D8115
Page w2
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN:441480-1-38-01
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
Collier County
PROJECT LOCATION:
0 The project is on the National Highway System
0 The project is on the State Highway System.
PROJECT LENGTh AND MILE POST LIMITS: 0.770 miles
PROJECT DESCRIPTION: This project is for the design of a 6 foot wide concrete sidewalk and related improvments on
the southside of Carson Rd. from Westclox Dr. to Carson Lakes Cir.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
opp|icab|a,the amount of state funding action (receipt and disbursement of funds),any federal or local funding acfion, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Depurtmen{, and notify the Department prior to commencement of any right-of-way activities.
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) Design completed on or before June 30, 2020
b) Final Design Closeout on or before September 30, 2020
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT: If this schedule cannot be met, the Agency will notify the Department
in witing prior to March 1, 2020 with a revised schedule or the project is subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to
1)The current Florida Greenbook standards,as amended
2)At a minimum follow the LAP Specifications
- �
1 6 A 17
STATE OF PLORo°DEPARTwNT OF TRANSPORTATION 525410-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
Page rxz
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
All work to be conducted within the Department Right-of-Way shall adhere to the following:
1)The FDOT most current standard specification for road and bridge construction,and
2)The FDOT most current roadway and traffic design standard and design criteria from the PPM, or other FDOT Adopted
criteria.
For all projects the following will apply:
1) Section 287.055, F.S."Consultants Competitive Negotiation Act,"when acquiring a consultant 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: 525-
010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice.
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction
to review, inspect and
—nd approvethe construction phase for payment. All other invoices for project phases and all
other progress shallpayments be processed in accordance with the Department's procedures and guidelines for invoice
processing.The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis.
The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval
prior to construction.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds uvai|ubi|ity, in the year pm0nammed, which is currently in
Fiscal Year 2018/2019 for Design services.
1 6 A 1 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-4CB
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT
OGG-10/18
Page 1 of 1
EXHIBIT "B"
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME&BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 441480-1-38-01
Collier County
3299 Tamiami Trail East,Suit 700
Naples, Florida 34112
MAXIMUM PARTICIPATION
(1)
TOTAL (2) (3) (4)
PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS _ FEDERAL FUNDS
Design-Phase 38
FY: 2018-2019 (SR2T) $54,738.00 $ $ $54,738.00
FY: (Insert Program Name) $ $ $ $
FY: (Insert 1:.mma )riNrrie $ _$ $ $ _
_
Total Design Cost $54,738.00 .$ 0.00 $ 0.00 $54,738.00
Right-of-Way-Phase 48
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
FY: In erLsIProName) $ $ $ $
Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Construction-Phase 58
FY: (Insert Program Name) $--
$ $ $
FY: (Insert Program Name) $ $ $ $ _
FY: (Insert Program Name) $ $ $ $
_— –
Total Construction Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Construction Engineering and Inspection(CEI)-Phase 68
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
(Insert Phas )
FY: (Insert Program Name) $ $_ $ $
FY: (Insert Program Name) $ $ $ $
FY: (Ins- Pro.iram ka - $ $ $ $
. Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00
TOTAL COST OF THE PROJECT $54,738.00 $ 0.00 $ 0.00 $54,738.00
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.
Zoe Giannopoulos
District Grant Manager Name
....
te •
as.
Signal ,- Date
1 6 A 1 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
LOCAL AGENCY PROGRAM AGREEMENT mOGnAAA"AN^GEwEN`
OGC-10/18
Page 1 of 2
Exhibit "C"
TITLE VI ASSURANCES
During the performance of this contract, the consultant or montracto,, for itself, its assignees and successors in
interest(hereinafter collectively referred to as the"contractor")agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the V.S. Department of Transportation
(hereinafter, ''UGDOT^) Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall
nctdiaoriminotoonthebaeioofrono.nu|o,.noVona|o,igin.n,00vin/heeo\octionendm\ondonu,ouL-
contradum, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULA TIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under oub'uontract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractors 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 controcmrohaUpmvidoall information and reports required by
the REGULATIONS or directives issued pursuant thareVo, and shall permit access to its bnoks,
roco,d*, ocoounm, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway AdministrationFederal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information,
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportaion shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration,or
Ai7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
LOCAL AGENCY PROGRAM AGREEMENT nnamAMwAN^GEwENT
OGC-`D/1«
Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate,including, but not
limited to:
8
withholding of payments to the contractounder the contract until the contractor
complies,and/or
b. cancellation,termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7)
in every sub-contract, including procurements of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with
respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal
Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance, pmviUod, hownvw,, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a sub-contractor or supplier as a result of such dimction, the
contractor may request the Florida Department of Transportation to enter into such litigation to protect
the interests of the Florida Department of Transportation, and,in addition,the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964
(42 U.S.C. §2000detxoq, 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 SO4 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 mcipienm, sub-recipients and
oonoaotors, whether such programs or activities are Federally funded or not); Titles II and |U of the
Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation
of public emidoo, public and private transportation syntemo, places of public oocnmmndadon, and
certain testing entities(42U.O.C&§12181 - 12189)oaimplemented byDepartment odTransportation
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 Popukmions, which ensures non-discrimination against minority populations by
discouraging pmg,ama, po|icino, 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 Pmficiency, 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
1 6 A 1 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040D
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OGC-10/18
Page 1 of 1
EXHIBIT "D"
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
1 6 A 1 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525�0.40E
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
Page'of.
EXHIBIT "E"
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: https:Vmoww.chda.pom
Award Amount: $54,738.00(Fifty-Four Thousand,Seven Hundred Thirty-Eight Dollars)
Awarding Agency: Florida Department of Transportation
Award|sfor e&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles&Audit Requirements for Federal Awards
h\\P:8vwxm.eofr.gov/
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23—Highways, United States Code
http://unoode]nouse.uov/browse/pre|inndUe23&edihun=pmhm
Title 49—Transportation, United States Code
http:0uocode.houya.gov/browse/pneUmdUe49&edhkzn=pe|im
W1ap'21 —Moving Ahead for Progress inthe 21mCentury. Public Law 112'141
http:Vwvmm.gpo.gov/fdovspku/PLAVV'112pub|141/Pdf/PLAVV'112pub|141.pdf
Federal Highway Administration—Florida Division
http:0wvmw.MhwmdoLgov/Od|W
Federal Funding Accountability and Transparency Ac (FFATA) Sub-award Reporting System (FSRS)
httPs:8*ww.fnm,gov/
1 6 A 1 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO525m0-40F
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
`»"«
Page,w`
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(sa|ary, trave|, 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 uhorQos, 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 terminatedDocumentation 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 Statuteo, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature(e.g., postage,copies, etc.)may
be reimbursed on a usage log which shows the units times the rate being charged. The rates must
be reasonable.
(6) Indirect costs:If the contract specifies that indireccosts will be paid based on a specified rate,
then the calculation should be shown.
Contracts between state ogenciee, 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 Servicesonline Reference Guide for State Expenditures can be found
at this web address http://www.myflOrid3CfO.COm1aadtr/re e guide/.
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