Backup Documents 05/26/2009 Item #16B 1
1iBl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of the original document pending BCC approval, 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, inclu:ling Sue Filson, need to cootact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date Item was 05-26-09 Agenda Item Number 16 B 1
Approved by the BCC
Type of Document Resolution & Agreements cCf-f28 Number of Original 5
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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 our deadlines!
The document was approved by the BCC on 05-26-09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2,24,05
1681
MEMORANDUM
Date:
March 29, 2009
To:
Michael Greene, Planning Manager
Planning Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-128 and Agreements for Lighting of CR-29
in Copeland.
Enclosed please find two certified Resolutions and three (3) Original
Agreements as referenced above, (Agenda Item #16Bl) approved by the
Board of County Commissioners on Tuesday, May 26,2009.
Please return a fully executed orie:inal to the Minutes and Records
Department for the Board's Official Record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
16Bl
RESOLUTION NO. 2009 _ 1 28
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING ITS APPROVAL OF A
LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORT A TION FOR THE INST ALLA TION OF
ROADWAY STREET LIGHTING FROM THE TOWN CENTER (BROADWAY
AND COPELAND AVE .) EAST ALONG BROADWAY EAST AND THEN
NORTH ALONG CR 29 (COLLIER AVE.) UP TO RIVERVIEW LANE AND
AUTHORIZING ITS CHAIRMAN TO EXECUTE THE AGREEMENT.
WHEREAS, the Collier County Board of County Commissioners approved entering
into a Local Agency Program Agreement (the "Agreement" / FPN : 420885-1-58-01)
with the Florida Department of Transportation ("FDOTtt) whereby FDOT will reimburse
Collier County up to the sum of $233,000.00 of a total estimated construction cost of
$233,000.00 for the installation of roadway street lighting from the Town Center
(Broadway and Copeland Ave.) east along Broadway East and then north along CR 29
(Collier Ave.) up to Riverview Lane; and
WHEREAS, FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote approving the Agreement and
authorizing its Chairman to execute the Agreement; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in
the public interest to install and construct the aforementioned roadway street lighting and
enter into the Agreement.
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 aforementioned Agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Agreement for execution by FDOT.
mIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 26th day of May, 2009.
ATTEST:
DW-iOIl'fiE"BROCK, Clerk
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Approve as to form /jd egal sufficiency
By: if 1(, ~ L
Scott R. Teach,
Deputy County Attorney
1681
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
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04/27/2009 15:29
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INTERLOCAL ROADWAY LIGHTING
NVUNTENANCEAGREEMENT
168 1
THIS InterlocaJ Roadway Ma.iateoance Agreement is entered into this dlo~ day of
':' ~ ' 2009, by and between COLLIER COUNTY, a political subdivision of the Sta!~ of
Florida reafter referred to as the "COUNTY"), and the CITY OF EVERGLADES, a pohtical
subdivision of the State of Florida (hereafter referred to as "CITY. ~
WITNESSETH:
WHEREAS, the CITY has a desire to attain additional roadway lighting within its city
limits, is capable of maintaining said lighting, is willing to pay for electrical power for the lighting,
but is not certified by the Florida Department of Transportation as Local Agency Project (LAP)
Certified, which prevents the CITY from using available federal funding to install such roadway
lighting; and
WHEREAS, the COUNTY is LAP Certified and willing to manage and admjn.ister a
federally funded lighting project to install such additional roadway lighting for the CITY; and
WHEREAS. the CITY has authorized its undersigned officers to enter into and ex.ecute this
Agreement;
a. The CITY shall maintain all roadway lighting currently or hereafter located on. Broadway
East and. Collier Avenue all within the jurisdictional bOWldaries of the CITY (hereafter
referred to as the "Facilities") throughout its expected useful life. ,for the purposes of this
Agreement, the teon Facilities shall also be deem.ed to include, but not necessarily be
limited to lighting for roadways
b. In maintaining the Facilities, the CITY shall perform all a,ctivities necessary to ,keep the
Facilities .fully operating and properly functioning at aU times for their normal expected
useful life in accordance with the original design thereof, whether necessitated by nonnal
wear and tear. accidental or intentional damage, or acts of nature. Said mainten.ance shall
in.cIude. but shaH not be limited. to, provid,in,g electrical power and paying all charges
associated therewith, routine inspection and testing, preventative maintenance, em,ergency
maintenance, replacement of any component parts of the Facilities (includ.ing the poles and
any and all other component parts installed as part of the Facilities), and locating and
marking the Facilities, as may be necessary.
c. All m.aintenance shall be in accordance with the provisions of the following:
(1) Manual ofUnifo.rm Traffic Control. Devices; and
(2) All other applicable local, state, or federal laws, rules, resolutiOl'lS, or ordinances, and
COUNTY procedures.
04/27/2009 15:29
23%595790
PAGE 03/04
16a 1
d. For Lighting .installed as part of the COUNTY managed LAP project, the CITY's obligation
to maintain shall commence upon the CITY'~ receipt of notification fTom the COUNTY that
the COUNTY has finally accepted the project, ex.cept for the obligation to provide fo.r
electrical power, which obligation to provide for electrical power shall commence at su.ch
time as the lighting system is ready to be energized; provided, however, that the CrTY shall
not be required to perfOTlll, any activities that are the responsibHities of COUNTY's
contractor.
Prior to any acceptance by the COUNTY~ the CITY shall have the opportunity to inspect
and request modifications/corrections to the installatio.n(s) and the COUNTY agrees to
undertake those prior to acceptance so long as the modifications/corrections comply with the
contract and specification prevlously approved by both the COUNTY and the CITY.
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a. There shall be no compensation by the COUNTY for any portion of the maintenance
~ required by CITY under this Agreement.
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U""') b. Any amount of cot1.stnlctiQn funding required in excess of the afQrementioned LAP federal
::: funding shall be the sole responsibility of the CITY.
~ 3. Force Maieure
Neither the CITY nor the COUNTY shall be liable to the other for any failure to. perform under
this Agreement to. the extent such performance is prevented by an act of God, war, riots, natural
catastrophe, or other event beyond the co,ntrol of the non-performing party and which could nQt
have been avoided or overcome by the exercise of due diligence; provided that the party
claiming the excuse from performance bas: (a) promptly natified the other party of the
occurrence and its estimated duration, (b) prom.ptly remedied or mitigated the effect of the
occurrence to. the extent possible, and (c) reswned. perfonnance as soon as possible.
4. Miscellaneous
a. The CITY shall allow public access to all documents, papers, letters, or other material
su~ject to the provisions of Chapter 119, Flarida Statutes, and m.ade ar received by the CITY
in conjunction with this Agreement. Fallure by the CITY to. grant such public access shall
be grounds far immediate unilateral cancellation of this Agreement by the COUNTY.
b. This Agreement constitutes the complete and final ex.pression of the parties with respect to
the subject matter hereof and supersedes all prior agreements, understandings, ar
negotiations with. respect thereto..
c. This Agreement shall be governed by the laws of the State of Florida. Any provisian hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity af
th.e remaining provisions hereof.
d. Time is of the essence in the performance of all obligations under thi.s Agreement.
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168 1
e. All notices required pursuant to the terms hereof may be sent by first class United States
Mail~ facsim.ile transmission. hand delivery, or express maiJ. and shall be deemed to have
been received by the end of .tive (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided. The CITY shall have a continuing obligation to
notify the COUNTY of the appropriate persons for notices to be sent pursuant to this
Agreement. Unless otherwise notified in writing, notices shall be sent to the following
addresses:
Everglades City
Mayor San1my Hamilton
City Hall, Broadway on the Circle
Everglades City, FL, 34139
Collier County
clo Robert TIpton, Traffic Operations Director
Transportation Division
2885 South Horseshoe Dri.ve
Naples, FL 34104
f. Nothing herein shall be construed as a wai.ver of either party's sovereign immunity.
g. This contract represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this agreement shall only be valid when
they have been reduced to writing, duly signed by each of the parties hereto, and attached to
the original of this agreement, unless otherwise provided herein.
IN WITNESS WHEREOF ~ the parties hereto have executed this Agreement effective the day
and year tint written.
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Approved as to form and
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Scott R. Teach, Deputy County Atto11ley
AS TO mE CITY OF EVERGLADES CITY:
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SA~TANITLrON,Mayor
UNTY COMMISSIONERS
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B L10~0
PROJECT MANAGEMENT OFFICE
02109
Page 1
FPN: 420885-1-58-01 Fund: SE
Federal No: 8887655 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558004'
THIS AGREEMENT, made and entered into this ~day of -m ('........ , ~ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency ti the State of Florida, hereinafter called the
Department, and the Board of County Commissioners, Collier County. Florida: 3301 Tamiami Trail East. Naoles. Florida
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 authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in liqhtina
and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the
"project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which
such assistance will be provided and the understandings as to the manner in which the project will be undertaken and
completed.
1.01 Attachments: Exhibit(s) A. B, 1 and RL are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
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 Aqency Proqram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHW A) withdrawal of funds or loss of State appropriation 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 B t^<O
PROJECT MANAGEMENT OFFICE
02/09
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2010. If the
Agency 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 Agency 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 expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project 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 $ 233.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual 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." This amount includes federal-aid funds which are limited to the 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) Approval 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 authority 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 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 Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: 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:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
,"""mt~j~~~
02/09
Page 3
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in 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 FHWA. Federal funds shall 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 involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify 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 withheld
until compliance is obtained. Where non-compliance is not correctable, FHW A 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 Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency 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 mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: 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 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors 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 or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency 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.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 B 5211040
PROJECT MANAGEMENT OFFICE
02/09
Page 4
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff 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 FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. 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 OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining 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 determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must 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-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state 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 governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining 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-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
PROJEC~AgEM~5~t~
02/09
Page 5
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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 of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
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 shall follow 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 findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Michelle S. Peron to
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
STATE OF FLDRIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
I 6 B 1525-01040
PROJECT MANAGEMENT OFFICE
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Michelle S. Peronto
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 directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
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 shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Michelle S. Peron to
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 revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular 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 that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a periOd of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHW A to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
STATE OF FLDRIDA DEPARTMENT OF TRANSPORTATIDN
LOCAL AGENCY PROGRAM AGREEMENT
14 R 51-010-40
PRD T WA E~FFICE
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of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes ).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Ooerations Manual, Topic 350-030-400 (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 Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for 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 the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The 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 furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement 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
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency 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 contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency 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.
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 B 101040
PROJECT MANAGEMENT OFFICE
02109
Page 8
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 at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below; or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective 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 the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the 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 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 unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a 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 Agency will
involve the Department in the consultant selection process for all 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 Business Enterprise (DBE) Policy and Obl!gation: It is the policy of the Department that DBE'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 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 Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 a~11
PROJECT MANAGEMENT DFFICE
02109
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national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DSE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DSE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate 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 administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification 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 carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative 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 shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising: layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with 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 for standard commercial supplies or raw materials. When 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 the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency 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 Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
1681
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01 0-40
PROJECT MANAGEMENT OFFICE
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Page 10
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: 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, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
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 a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: 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 Agency.
12.07 Prohibited Interests: 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 included 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 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the 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 included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to 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 be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous 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 with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
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 financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency 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 Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency 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 Agency 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 Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHW A-
1273 in all its contracts and subcontracts.
13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
16B1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.010-40
PROJECT MANAGEMENT OFFICE
02/09
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State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
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 right-of-way, the Agency [8J will D will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. 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 after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
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 the
Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline,
877 -693-5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHW A reveals that the applicable federal guidelines, procedures, and regulations were not followed by the
Agency and FHW A requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 ~-01Io
PROJECT MANAGEMENT OFFICE
02/09
Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Nam.: \,::>"',/;\e,, p', r.. i,
~: ~c.c chai.rm~7~:?..r D7Sigre _
~ st.~~ PC
Itle: COul'JtviELerk'~.,..... ,
Atu,' ,~ ,j~ "
s i gftltwre C)lIlI.
Name: Dick Combs
Title: Director of Transportation Development
.. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. ,
By:
By:
Title: Executive Secretary
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Attest:
As to form:
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 0 52110-40
PROJE MANAGYEN~FICE
08/06
Page 14
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 420885-1-58-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County, dated-m (......... k,Jl" )(-F\
:~ I
PROJECT LOCATION:
The project begins at the Town Center located at the intersection of Broadway and Copeland and continues east to Collier
Avenue then continues along Collier Avenue North to Riverview Lane.
The project 0 is r81 is not on the National Highway System.
The project 0 is r81 is not on the State Highway System.
PROJECT DESCRIPTION:
Install new roadway street lighting from the Town Center (Broadway and Copeland Ave) east along Broadway E and then
north along CR 29 (Collier Ave) up to Riverview Lane. Approximately 16 dual-head, 40' mounting height lights will be
placed in the median, 4 single head, 40' mounting height light will be placed around the Town Center and approximately
10 single head, 40' mounting height lights will be placed along the west side of CR 29 (Collier Ave) when the median
section ends. There are approximately 15 low-level pedestal lights located in the existing median that will be relocated
behind the existing sidewalk to the west of CR 29 (Collier Ave).
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
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, 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 Certification Clear Package. All items must be reviewed, approved and a Notice to Proceed must be issued by
the Department prior to any construction related activities, including project advertisement. Construction related activities
conducted prior to Notice to Proceed will not be reimbursed 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) Construction contract to be let by November 30.2009.
b) Construction to be completed by December 31, 2010.
If this schedule cannot be met, the Agency will notify the Department in writing prior to September 30, 2009 with a revised
schedule or the project is subject to the withdrawal of federal funding.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
_"m~~Mg~
08/06
Page 15
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
All work to be conducted outside of the Department Right-of-Way shall adhere to
1) The 2007 Florida Greenbook standards, as amended
2) At a minimum follow the LAP Specifications
All work to be conducted within the Department Right-of-Way shall adhere to the following:
1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
2) The FDOT roadway and traffic design standard, 2008 edition as amended and design criteria from the PPM,
2008 edition as amended.
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
invoice to review, inspect and approve the 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 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 availability, in the year programmed, which is currently
09/10 for construction.
STATE OF FLDRIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 B5~lo
PROJECT MANAGEMENT OFFICE
08/06
Page 16
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BilLING ADDRESS
Board ot County Commissioners
Collier County
3301 Tamiami Trail East
Naples, Florida 34112
FPN:
420885-1-58-01
PROJECT DESCRIPTION
Name: Liohtino length: 1.064 miles
Termini: Beoin at the Town Center (Broadwav/Copeland Avenue) and end proiect at Riverview lane and Collier Avenue
This agreement covers the construction phase cost. Funds for the construction phase are available in fiscal year 09/10.
No construction phase work may commence without issuance of a NOTICE TO PROCEED from the Department.
Availability of any funds is subject to legislative approval.
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOT AL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNOS
Planning 2008-2009
2009-2010
2010-2011
Total Planning Cost
Project Development & Environment (PD&E)
2008-2009
2009-2010
2010-2011
Total PD&E Cost
Design 2008-2009
2009-2010
2010-2011
Total Design Cost
Right-of-Way 2008-2009
2009-2010
2010-2011
Total Rioht-ot-Wav Cost
Construction 2008-2009
2009-2010 233.000.00 233.000.00
2010-2011
2011-2012
Total Construction Cost 233.000.00 233,000.00
Construction Engineering and Inspection (CEI)
2008-2009
2009-2010
2010-2011
Total CEI Cost
Total Construction and CEI Costs 233.000.00 233,000.00
TOTAL COST OF THE PROJECT 233,000.00 233,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
'RJ!,~..~
08/06
Page 17
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 233,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipienUsub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that 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 under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning 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 federal-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 Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BrA and FHW A. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient 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 Title 49, C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
,=}-~j*
08/06
Page 18
EXHIBIT "RL"
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
Paragraph 13.14 is expanded by the following:
1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and
Compensation Agreement.
b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g.,
high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance
with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of
nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated
therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any
component parts of the facilities (including the poles and any and all other component parts installed as part of the
facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary.
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices (MUTCD); and
(2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department
procedures.
2. Record Keeping
The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in
such format as is approved by the Department.
3. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which
are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a) Pursue a claim for damages suffered by the Department or the public.
b) Pursue any other remedies legally available.
c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and
seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions
in the event of an emergency.
STATE OF FLORIDA DEPARTMENT OF TRANSPDRTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 6 B 1 525~10~0
PROJECT MANAGEMENT OFFICE
08/06
Page 19
EXHIBIT "RL"
ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA)
4. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence;
provided the party claiming the excuse from performance has:
a) Promptly notified the other party of the occurrence and its estimate duration,
b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c) Resumed performance as soon as possible.
5. Miscellaneous
a) The parties understand and agree that the Department has manuals and written policies and procedures
which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that
such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of
Department manuals, policies, and procedures will be provided to the Agency upon request.
b) Time is of the essence in the performance of all obligations under this RLMA.