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Agenda 02/28/2023 Item #16A13 (Resolution - Chairman to execute an Local Agency Program Supplemental Agreement w/FDOT)02/28/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairman to execute Local Agency Program (LAP) Supplemental Agreement #1 with the Florida Department of Transportation (FDOT) under Agreement 437924-1-98-01, and authorize a Sole Source Waiver to purchase Iteris B1ueTOAD® CV2X RSU travel time measuring equipment, software applications, accessories, licenses, support, repairs and upgrades by the manufacturer, in order to implement the LAP Project 33800 OBJECTIVE: To approve the inclusion and chairman's execution of Supplemental Agreement 1 as an addendum to Local Agency Program (LAP) Agreement 437924-1-98-01, and to have the Board of County Commissioners (Board) authorize the use of a Proprietary Product Certification and Sole Source Waiver approved by Florida Department of Transportation (FDOT) and expenditures under Collier County Procurement Sole Source Waiver of Iteris B1ueTOAD9 CV2X RSU travel time measuring equipment, software applications, accessories, licenses, maintenance, support, repairs and upgrades by the manufacturer. CONSIDERATIONS: On June 28, 2022, the Board approved Agenda Item 16A14, a Grant Agreement (437924-1- 98-01) between the County and FDOT, where the latter will provide up to $440,450 in federal funding to purchase travel time measuring equipment. Collier County Traffic Operations applied for and obtained a Proprietary Product Certification from the Florida Department of Transportation (FDOT) and have provided all necessary documentation to the County Procurement office for the approval of a Sole Source Waiver. The public purpose for the purchase of the Iteris B1ueTOAD9 CV2X RSU equipment, is to deploy "Connected Vehicle 2 Everything" (C-V2X) technologies on Collier County Roadways. This multifaceted system collects vehicle travel -time and speed data, enables monitoring of Fire/Rescue, EMS and Collier Area Transit (CAT) vehicles, utilizing Traffic Signal Priority (TSP), incorporates a real-time dashboard with analytical tools, to assist Traffic Management Center (TMC) staff in mitigating the effects of TSP on the flow of vehicle traffic for selected County roadways, and provides broadcast capabilities of Signal Phase and Timing ("SPaT") data, Traveler Information Messages (TIM) and Intersection Map (MAP) data to motorists with C-V2X equipped vehicles, or phones and tablets using an App which can communicate with SAE (Society of Automobile Engineers) J2735 messages. This technology is essential to County operations, as it provides a state-of-the-art tool to mitigate congestion and enables the Collier County TMC to communicate directly with the ever-growing number of connected vehicles and motorists on County roadways. This is an incremental step in the development of a "Smart County" infrastructure. This would be a one-time acquisition that includes 2-years of maintenance support. The benefits from continued use will be that the system conforms to transportation industry standards, meets DOT/FDOT/Local Agency requirements, supports compatibility/interoperability, functions as advertised, is reasonable in cost and provides continuous innovations in this space. If another brand/vendor was to be used, the County would need to purchase from more than one brand/vendor from County funds, since the current purchase will be made using a LAP Grant. There would also be no guaranties the products would meet all our requirements nor provide full integration with FDOT Traffic Operations. County staff expects that if a different product was used, our Traffic Operations requirements would not be met and TMC staff would spend a considerable amount of time researching how to bridge the gaps that will come with a different solution, as well as the learning curve a different product would require. Pursuant to Section Eleven, sub -paragraph 10 of the Collier County Procurement Ordinance No. 2013-69, as amended, staff requests that the Board find that it is in the best interest of the county to waive competition and allow procurement of the requested products and services required to meet Transportation Engineering's operational needs and LAP grant. FISCAL IMPACT: Funding is available in the amount of $440,450 within the Growth Management Grants Fund (711), Project 33800. The grant funding source is the Federal Highway Authority (FHWA); whereby, Packet Pg. 542 16.A.13 02/28/2023 these grant dollars are passed through the FDOT via the LAP agreement. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management objectives and produces no negative impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute Supplemental Agreement 1_8.18.22 as an addendum to LAP Agreement 437924-1-98-01, approved by the Board of County Commissioners on June 28, 2022 and executed by FDOT on July 7, 2022; and to authorize expenditures under a Sole Source Waiver for the purchase of Iteris B1ueTOADO CV2X RSU travel time measuring equipment, software applications, accessories, licenses, support, repairs and upgrades by the manufacturer, in order to implement the LAP -Supplement Agreement. Prepared By: Pierre -Marie Beauvoir, Signal Systems Network Specialist, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1.437924-1 LAP Supplemental Agreement.G2A87(PDF) 2.437924-1 Sole _Source_B1ueTOAD_CollierCounty_12Aug22 (PDF) 3.437924-1 Waiver Request Form (PDF) 4.437924-1-98-01 LAP Agreement and Resolution reduced (PDF) 5.437924-1 Resolution 02-02-23 (PDF) Packet Pg. 543 16.A.13 02/28/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 24524 Item Summary: Recommendation to approve and authorize the chairman to execute Local Agency Program (LAP) Supplemental Agreement #1 with the Florida Department of Transportation (FDOT) under Agreement 437924-1-98-01, and authorize a Sole Source Waiver to purchase Iteris B1ueTOAD® CV2X RSU travel time measuring equipment, software applications, accessories, licenses, support, repairs and upgrades by the manufacturer, in order to implement the LAP Project 33800. Meeting Date: 02/28/2023 Prepared by: Title: Signal Systems Network Specialist — Transportation Engineering Name: Pierre Beauvoir 01/26/2023 11:03 AM Submitted by: Title: Division Director - Transportation Eng — Transportation Engineering Name: Jay Ahmad 01/26/2023 11:03 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 01/26/2023 3:47 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/27/2023 10:15 AM Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 01/27/2023 2:34 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/30/2023 9:30 AM Growth Management Department Anthony Khawaja Additional Reviewer Completed 01/30/2023 11:15 AM Growth Management Department Jeanne Marcella Transportation Management Services Department Completed 01/30/2023 11:20 AM Growth Management Operations Support Tara Castillo Additional Reviewer Completed 02/01/2023 8:05 AM Growth Management Department Gene Shue Additional Reviewer Completed 02/01/2023 9:08 AM Procurement Services Sara Schneeberger Additional Reviewer Completed 02/01/2023 1:02 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 02/06/2023 5:19 PM Growth Management Operations Support Brandy Otero Additional Reviewer Completed Growth Management Department Grants County Attorney's Office County Attorney's Office Office of Management and Budget 02/09/2023 3:54 PM Trinity Scott Transportation Completed 02/13/2023 6:02 PM Maria Kantaras Level 2 Grants Review Completed 02/15/2023 8:25 AM Derek D. Perry Additional Reviewer Completed 02/15/2023 11:45 AM Jeffrey A. Klatzkow Level 2 Attorney Review Completed 02/15/2023 4:08 PM Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/15/2023 11:58 AM Packet Pg. 544 16.A.13 02/28/2023 County Attorney's Office County Manager's Office Office of Management and Budget Grants County Manager's Office Board of County Commissioners Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn CMO Completed Christopher Johnson Additional Reviewer Therese Stanley Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 02/16/2023 9:00 AM 02/17/2023 6:06 PM Completed 02/21/2023 7:55 AM Completed 02/22/2023 12:23 PM Completed 02/22/2023 2:31 PM 02/28/2023 9:00 AM Packet Pg. 545 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 16.A.13.a LOCAL AGENCY PROGRAM 525-010-32 SUPPLEMENTAL AGREEMENT PROGRAM MANAGEMENT0322 Page 1 of 3 SUPPLEMENTAL NO. FEDERAL ID NO. (FAIN) 01 D 122 032 B CONTRACT NO. G2A87 FPN 437924-1-98-01 Recipient, Collier FEDERAL AWARD DATE 06/14/22 RECIPIENT UNIQUE ENTITY ID SAM NO JWKJKYRPLLU6 desires to supplement the original Agreement entered into and executed on 07/07/2022 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name TRAVEL TIME DATA COLLECTION COLLIER COUNTY ITS ARCH ATMS Length 0.001 Termini Description of Work: This project shall include the purchase of travel time measuring equipment and all requisite accessories and licenses across County arterials. Implementation and configuration will be done in-house by County staff. Reason for Supplement and supporting engineering and/or cost analysis: Exhibit A Project Description and Responsibilities is replaced in its entirety by the attached "AMENDED ADJUSTED EXHIBIT A "PROJECT DESCRIPTION AND RESPONSIBILITIES "and is incorporated by reference. Per Collier County's original request — The Supplemental Agreement proposed is to incorporate a Proprietary Product Certification/Sole Source approval obtained from FDOT on May 18, 2022, and all its provisions into the initial agreement 437924-1-98-01 Travel Time Data Collection Collier County ITS ARCH ATMS. The line items below reflect the scope of this Sole Source approval, which includes the purchase, configuration, implementation, support and shipping of equipment, software applications (via the cloud), annual service maintenance for 2 years, for 30 signalized intersections listed as "Exhibit P" in the original Agreement approved by the Board of County Commissioners on June 28, 2022, as Item 16.A.14. # Description Part # Qty 1 Roadside Unit (RSU) CV2X and required accessories, BT-Spectra-RSU 5 yrs warranty,setup,and support CV2X 30 In -Cabinet Processor with CV software applications 2 and required accessories BT-PROCESSOR 30 c a� E a� a� Q c m E a� a a W a a J 4 N 0 M N Ln Iq N ti oo a N a c a� E m m L a� Q c a� E m a a U) a Q J N rn Cl) c a� E U 2 a Packet Pg. 546 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 16.A.13.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM 525-010-32 SUPPLEMENTAL AGREEMENT PROGRAM MANAGEMENT0322 3 CV Web -based software and visualization tools BT-BA-TIM-SP annual service - 2 rs 2 4 On Board Unit (OBU) kit and requisite accessories BT-OBU-CV2X 6 Signal Performance Measures (SPM) Software (annual BT-SPM 5 service - 2 rs) 60 7 Consultant Support BT-CONSLT 1 8 Shipping BT-SHIPPING 1 a� E a� a� Q a� E a� Q. a Cn a. Q J r N M ti M Iq Q Packet Pg. 547 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT 16.A.13.a 525.010-32 PROGRAM MANAGEMENT 08/19 Page 3 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last ascribed herein. RECIPIENT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIN Rick LoCastro, Chairman Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: Derek D. Perry ' I Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: John M. Kubler, P.E. Title: Director of Transportation Development Date: Legal Review: DS 8/19/2022 1 a� E a� a� a� Q a� E d a Q. _ Cn a a J v N 0) r` M N In N ti 00 Q N r _ d a� a� Q ca c a� E a� Q. a _ Cl) a Q J N ti Cl) C d E t C,1 f6 Q Packet Pg. 548 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT AMENDED EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 437924-1-98-01 16.A.13.a 525-011-OA PROGRAM MANAGEMENT 05. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0 / 0.001 PROJECT DESCRIPTION: TRAVEL TIME DATA COLLECTION COLLIER COUNTY ITS ARCH ATMS This project shall include the purchase of travel time measuring equipment and all requisite accessories and licenses across County arterials. Implementation and configuration will be done in-house by County staff. The Supplemental Agreement proposed is to incorporate a Proprietary Product Certification/Sole Source approval obtained from FDOT on May 18, 2022 and all its provisions into the initial agreement 437924-1-98-01 Travel Time Data Collection Collier County ITS ARCH ATMS. The line items below reflect the scope of this Sole Source approval, which includes the purchase, configuration, implementation, support and shipping of equipment, software applications (via the cloud), annual service maintenance for 2 years, for 30 signalized intersections listed as "Exhibit P" in the original Agreement approved by the Board of County Commissioners on June 28, 2022 as Item 16.A.14. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Advertisement for bids (or Request for Proposals) of Travel Time measuring equipment, all accessories and licenses on or before December 31, 2022 b) Bid Review and Award on or before June 30, 2023 c) Receipt of all purchases and final project invoice on or before December 31, 2024 d)Project Close-out on or before July 1, 2025 Page 1 of 2 Packet Pg. 549 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 16.A.13.a If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Upon receipt of an invoice, the Department will have twenty, (20) working days to review and approve the goods and services submitted for payment. Q Page 2 of 2 n Packet Pg. 550 DocuSign Envelope ID: 69EB3572-24D1-4C92-92E1-FOBAOBA942A1 16.A.13.a Re: FPID: 437924-1-98-01 Travel Time Data Collection Collier County ITS ARCH ATMS Description: The Supplemental Agreement proposed is to incorporate a Proprietary Product Certification/Sole Source approval obtained from FDOT on May 18, 2022 and all its provisions into the initial agreement 437924-1-98-01 Travel Time Data Collection Collier County ITS ARCH ATMS. The line items below reflect the scope of this Sole Source approval, which includes the purchase, configuration, implementation, support and shipping of equipment, software applications (via the cloud), annual service maintenance for 2 years, for 30 signalized intersections listed as "Exhibit P" in the original Agreement approved by the Board of County Commissioners on June 28, 2022 as Item 16.A.14. # Description Part # Qty I Roadside Unit (RSU) CV2X and required accessories, 5 yrs warranty,setup, and support BT-Spectra-RSU CV2X 30 2 In -Cabinet Processor with CV software applications and required accessories BT-PROCESSOR 30 3 CV Web -based software and visualization tools annual service - 2 rs BT-BA-TIM-SP 2 4 On Board Unit (OBU) kit and requisite accessories BT-OBU-CV2X 6 5 Signal Performance Measures (SPM) Software (annual service - 2 rs) BT-SPM 60 7 Consultant Support BT-CONSLT 1 8 Shipping BT-SHIPPING 1 Packet Pg. 551 16.A.13.b * o I �e * 15 94 ris.co 9400 iteis.com Date: August 12, 2022 To: Pierre -Marie Beauvoir, Collier County, FL From: Paul Misticawi, Iteris Re: Sole Source of BlueTOAD Travel-Time/CV System Pierre, 1700 Carnegie Avenue, Suite 100 Santa Ana, CA 92705 This letter is to acknowledge that Iteris Inc. with headquarters in Santa Ana, CA is the manufacturer of the BlueTOAD travel -time and Connected Vehicle (CV) system. Iteris is also the sole seller of the BlueTOAD product line in Collier County, FL, where the BlueTOAD system is currently installed. The product line consists of the BlueTOAD travel -time system, along with the combination BlueTOAD, Connected Vehicles Roadside Unit (RSU) and associated products and software. The BlueTOAD TM (Bluetooth Travel -time Origination And Destination) technology, which provides estimated travel time and speed information for "origin and destination" routing through local road networks, is currently up and running all throughout the state of Florida. The BlueTOAD hardware and BlueARGUS software has multiple unique features: • Ability to detect BOTH discoverable and non -discoverable Bluetooth MAC addresses, thus providing the highest match rate • Ability to match up to other BlueTOAD's in the area, thus increasing the travel -time system for Broward County and surrounding agencies • Data archiving via a secure datacenter • Speed and equipment alarm features for maintenance and monitoring of the system in real- time • Historical indexing of real time data with user definable historical reporting tools • Complete real-time data processing via a secure website interface • Speed Map that has up to 5 colors that are set by user defined thresholds based on either the speed limit of the roadway or the historical average of that day/time. • Ability to view the speed map in real-time independently of the website via an encrypted URL • Origin/Destination demand matrix and trip list generator • Ability to add Connected Vehicles (CV) technology in a single enclosure Please let me know if you have any questions. I can be reached at 678-575-0958 Sincerely, Iteris Paul Misticawi VP of Sales for Travel -Time & Connected Vehicles Packet Pg. 552 16.A.13.c Coi er County Waiver Request Form Instructions Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must t submitted to the division's Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver reques greater than $50,000 will require approval by the Board of County Commissioners. Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on havir only one supplier in the marketplace, proprietary technology, copyright, patent, or a supplier's unique capability. Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factor even though other competitive sources may be available. Requester Name: Pierre -Marie Beauvoir Division: Transportation Management Service Item/Service: BlueTOAD® CV2X Roadside Units and accessories Vendor Name: IterlS Historical Not to Exceed Is there an agreement associated with this Countywide Spend: ��'�� Requested FY23-FY26 date range: Amount per Fiscal Year: $440,450.00 waiver to be reviewed by Contracts? ❑✓ Yes ❑ No ✓❑ Sole Source _T ❑ Single Source ❑ One Time Purchase ✓❑ Multiple Purchases Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver. - BlueTOADO CV2X Roadside Units, that combines Travel -Times, 5 year Warranty, Setup and Support - In -Cabinet Processor with CV Software Applications - CV Web -based Software and Visualization Tools, (Annual Service 2 years) - On -board Unit (OBU) Kit - Signal Performance Measures (SPM) Software (Annual Service - 2 years) - Consultant Support - Software Licenses, Maintenance, Upgrades and repairs - Shipping Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations. The public purpose for the purchase of items listed above, is to deploy "Connected Vehicle 2 Everything" (C-V2X) technologies o Collier County Roadways. This multifaceted system collects vehicle travel -time and speed data, enables monitoring of Fire/Rescue, EMS and Collier Area Transit (CAT) vehicles, utilizing Traffic Signal Priority (TSP), incorporates a real-time dashboard with analytical tools, to assist Traffic Management Center (TMC) staff in mitigating the effects of TSP on the flow of vehicle traffic for selected County roadways, and provides broadcast capabilities of Signal Phase and Timing ("SPaT") data, Traveler Information Messages (TIM) and Intersection Map (MAP) data to motorists with C-V2X equipped vehicles, or phones an tablets using an Apps which can communicate with SAE (Society of Automobile Engineers) J2735 messages. This technology is essential to County operations as it provides a state-of-the-art tool to mitigate congestion, and enables the Collier County TMC to communicate directly with the ever growing number of connected vehicles and motorists on County roadways. This is an incremental step in the development of a "Smart County" infrastructure. Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasi Compliance Code (PCC) number or email approval documentation. ElYes ❑✓ No If yes, provide the PCC number: a� E m ;v a c a� E N CL Q. cn d Q J N 0) M V Iq N LO e E 0 u_ 0 0 a' a) L d v N M ti M r c m E t U r r Q Revised 06/17/2021 Packet Pg. 553 16.A.13.c � mM fd Co fer County Waiver Request Form Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below. Check all that apply (if box is checked, please make sure to provide an explanation below): ❑✓ Sole Source ❑✓ Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain below and provide documentation from the manufacturer confirming claims made by the distributors. ❑ No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost, convenience, timeliness, etc.? ❑✓ Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor were used. ❑✓ Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by patent, copyright or other applicable laws and provide documentation validating that claim. ❑ Single Source ❑ Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide the detailed information below. Date of BCC Standardization: BCC Agenda Item number: ❑ Warranty: Is this the only vendor able to complete factory -authorized warranty services on County owned equipment? If yes, provide the documentation verifying the warranty. ❑ Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide documentation from the manufacturer confirming those claims. ❑ Other Factors: Any other reason not listed above, explain below. Explain: How does this purchase meet the identified sole or single source criteria listed above? This purchase meets the identified sole source criteria, for Iteris is the only manufacturer and vendor authorized to sell this proprietary product/service (see Sole Source letter attached). The system (Hardware and Software Application), provides compatibility with existing equipment that prohibits switching to another comparable brand/vendor. Both the County (since 2019) and MOT are currently utilizing this C-V2X technology on our respective roadways for the capture of travel -time and speed data, and are satisfied with its performance, as well as innovations introduced with this latest iteration of their product. Entities who are users of Intelligent Transportation System (ITS) technologies expect the following from ITS developers, manufacturers an( vendors; that the system conforms to transportation industry standards, meets DOT/FDOT/Local Agency requirements, support compatibility/interoperability, functions as advertised, is reasonable in cost, and is committed to continuous development of their offerings. The proposed system adheres to all of the requirements stated in the previous paragraph. We have tested other C-V2X offerings and have found that 1). There was insufficient adoption by Traffic Operations Agencies to ensure compatibility. 2.) The system did not perform as advertised. 3.) Their systems only provided a partial solution. 4.) Support staff had insufficient expertise in traffic operations. a� E m ;v a c a� E m a a cn a- Q J v N rn ti M v v N LO e E L 0 u_ 0 0 a' 0 rY a� N M ti M a� E M U a Q Revised 06/17/2021 Packet Pg. 554 16.A.13.c cod pier County Waiver Request Form How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and use history and th current level of County investment in the product. No formal standardization process was performed via Collier County Procurement. This process however, was undertaken by FDOT Procurement, through the use of an ITB (H - Agency ITB [s 287.057(1) (a), F.S.]). There is a historical precedence established for the previous version of this product by Collier County with 7 systems deployed along US 41 since 2019, and by FDOT Districts 1 and 5 with 175 units. Additionally FDOT has provided 19 BlueTOAD® C-V2X Roadside Units (RSU), In -Cabinet Processors with Connected Vehicle (CV) software applications, On -board Units (OBU), CV Web -based software and visualization tools, Signal Performance Measures (SPM) Software (with 2 yrs annual service), Integration of CV and Travel -Time into SPM software, SPM Licensing, and Consultant Support. The current level of County investment in the product is through the use of Traffic Operations and TMC staff time and equipment installing the system at specified locations on County roadways. Explain why it is in the County's best interest to use this product/service rather than issuing a competitive solicitation: What art the benefits from the continued use? Are there costs that would be incurred if a different vendor/product were used? What would occur if another brand/vendor were used? It is in the best interest of the County to use this product/service, rather than a competitive solicitation, for FDOT using My Florida Market Place, awarded P02612941 attached below to Iteris. The benefits from continued use will be that the system conforms to transportation industry standards, meets DOT/FDOT/Local Agency requirements, supports compatibility/interoperability, functions as advertised, is reasonable in cost, and provides continuous innovations in this space. If another brand/vendor was to be used, the County would need to purchase from more than one brand/vendor from County funds, since the current purchase will be made using a LAP Grant. There would also be no guaranties the products would meet all of our requirement nor provide full integration with FDOT Traffic Operations. County staff expects that if another product were used, our Traffic Operations requirements would not be met, TMC staff would spend a considerable amount of time researching, how to bridge the gaps that will come with this new solution, as well as the learning curve this product would require. Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. FDOT previously used a competitive solicitation process to purchase this product for the County under MOA Collier FM# 449463-1-93-01 at a cost of $496,000 for 19 units (see attachment below). This Sole Source requests in comparison will cost of $440,450 for 30 units. I therefore consider this pricing to be fair and reasonable. Based on the calculations presented in the previous paragraph, pricing has decreased. The price per signalize, intersection for the 19 units and associated software, support is approximately $26,105 compared to $14,682 for the 30 units. Since other solutions considered did not meet our requirements, County staff did not discuss costs with those vendors. Will this purchase obligate us to future ancillary products or services? Either in terms of maintenance or standardization. ✓❑ Yes ❑ No If yes, explain what types: If we continue to use this platform, upgrades, maintenance, replacement components, licenses and repairs will most likely become a factor. a� E m m L a c a� E m a Q. rn a Q J 7 v N ti M v v N Ln N E `o u_ 0 am s am L as N rn ti M c as E U a r r Q Revised 06/17/2021 Packet Pg. 555 16.A.13.c Coie-r County Waiver Request Form Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the marke again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high to the County. In 2021, based on FDOT policies, Iteris integrated Bluetooth® (2.4 GHz), Dedicated Short Range Communications (DSRC) and Cellular Vehicle to Everything (C-V2X) (5.9 GHz) — into one roadside uni (RSU). The system also incorporates Iteris' ClearRouteTM traveler information services solution to deliver contextual, real-time, actionable information to the TMC and the traveling public. the advanced traveler information system (ATIS), the ClearRouteTM solution provides multi -modal traveler information via mobile apps, websites, email and text alerts, and interactive voice response (IVR) systems. Additionally, Iteris' TrafficCarma® mobile traffic app and website. This solution is being provided to the County by FDOT and there are no anticipated risks to the County It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Pierre -Marie Beauvoir Digitally signed by Signature: BeauvoirPierre Bea':'2" Terre Date 2022.08.2412:19:59 Date: 8/24 249 -oa•oo' Division Director: Jay Ahmad g Ah m a d J a Digitally signed by AhmadJay Si nature: yD4'00' 22.09.2413:32:37 oa•oo• Date: + ++ DepartmentuirdifHead: TrI n I ly Scott Digitally signed by Trinity L. Davit Signature:Trinity L. Scott Date: 2022.12.210842:35 Date: Required if over $50,000 .05'00' Procurement Strategist: Signature: Date: Procurement Director: Digitally signed by Signature: Herrerasandra g HerreraSandra Date: Or designee 9 Date: 2023.01.2014:24:08 -05.00• For Procurement Use Only: ❑ Approved ❑ Requesting Additional Information ❑ Requires RFI/Intent to Sole Source ❑ Rejected Procurement Comments: ❑ Current FY _ Approval ❑ Multi -Year Approval Start Date: End Date: a� a a� E 2 a Q. U) a Q J N CD ti Cl) N LO N `o u_ 0 d s am L d N M ti M c m E t U a r r Q Revised 06/17/2021 Packet Pg. 556 16.A.13.d 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. 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 originid documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of die Chairman's si anature, draw a line through ro u I i ng lines # l dirou h #2 com pletc the checklist. and forward to the Count itorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office CAO 0 Of (' o) z "+- Z, Board of County Commissioners Office BOCC � Zz- 3. Minutes and Records Clerk of Court's Office 4. Send via emai f to: Gloria.herrera@coiliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prcpared the Executive Summary. Primary contact information is needed in the event one of the addressees ahove mate need to contact staff for additional or missine information. Name of Primary Staff Gloria Herrera GMD 1 TMS 239-252-5856 Contact / Department Agenda Irate Item was June 28, 2022 Agenda Item Number 16A14 Approved by the BCC Type of Document Attached 437924-1 Lap Agreement / Resolution Number of Original Documents Attached Z PO number or account K<bb number if document is Do Not Send to Gran or to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NIA" in the Not Applicable column, whichever is Yes NIA (Not appropriate. Initial Applicable)__ I . Does the document require the chairman' GH 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (Ali documents to be GH 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 NIA 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 GH 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 GH signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip GH 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'. S. The document was approved by the BCC on 6-26-22 and all changes madeduring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. r N O� ti M N v N T 0 06 0 4 N CD ti c d E t U co 1: Forms/ County Formsl BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26,05, Revised 2.24.05; Revised 11/30/12 Packet Pg. 557 16.A.13.d RESOLUTION NO.2022 - 10 9 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 GRANT FUNDING TO PURCHASE TRAVEL TIME MEASURING EQUIPMENT AND ALL REQUISITE ACCESSORIES AND LICENSES ACROSS COUNTY ARTERIALS IN COLLIER COUNTY, FLORIDA, (FPN 437924-1-98-01) 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 $440,450 (Four Hundred Forty Thousand Four Hundred and Fifty Dollars) to purchase travel time measuring equipment and all requisite accessories and licenses across County arterials (FPN 437924-1-98-01); 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 Chainnan to sign the Agreement pertaining to FPN 437924-1-98-01. 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, this 28th day of June 2022. ATTES...... . . ? BOARD OF CO TY COMMISSIONERS 'Tti� � ' CRYSTAL,k—, K 4 EL', lerk OF COLLIER , ORID B 3 By: ty ler Will' m L. McDaniel, Jr., Chairman r�i�ngilirn �1t1 �. Approved as to form and legality: Derek D, Perry N 'IVAssistant County Attorney 1, [Y� [22-1-RO-00343/1725382/11 Page 1 of l Packet Pg. 558 Docubgn Envelope ID 1E494019-C24B4655-B67C-6CBF500C6F60 16.A.13.d 525.01040 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIOOC-=z2 Pago 1 of Is FPN' 437924-1-98-01 Federal No (FAIN): D122-032-B Federal Award Date: Fund: ACCM Org Code 55014010106 FLAIR Approp FLAIR Obj: 780000 FPN: Federal No (FAIN): _ Federal Award Date: Fund Org Cade: FLAIR Approp: FLAIR Obj: FPN: Federal No (FAIN): Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj: _ County No.03_ (Collier) Contract Flo: Recipient Vendor No F596000558102 Recipient Unique Entity ID SAM No: JWKJKYRPLLU6 Catalog of Federal Domestic Assistance (CFDA): 20,205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into or 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 ("Department"), and Collier Count ("Recipient") - 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 authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in purchase of travel time measurinq eauivment and all requisite accessories and licenses across Countv arterials, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), 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 July 1 2025. 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 $ 440,450 Four Hundred Forty Thousand Four Hundred Fifty 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) 5J. b, The Department agrees to participate in the Project cost up to the maximum amount of $440,450 (Four Hundred Forty Thousand Four Hundred FiRy 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: Packet Pg. 559 uocualgn tnvelope m lE494019-C2464665-B67C-6CBF50QC6F60 16.A.13.d STATE OF FLORIDA DEPARTMENT of TRANSPORTATION 525-01040 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT Occlof7C-OW22 Page 2 of 15 1. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement; (D E m iii. Approval of ail plans, specifications, contracts or other obligating documents and all other terms o this Agreement; and a iv. Department approval of the Project scope and budget at the time appropriation authority becomeE c m available. E m 5. Requisitions and Payments a rn a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable a must specify the required minimum level of service to be performed and the criteria for evaluating successfu completion. The Project and the quantif+able, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". N r` b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre -audit and post -audit based C') 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 CN payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and N 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. 2 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 payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the 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 112.061, 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(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Ag reement. 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-performance, unacceptable performance, failure to meet the minimum performance levels, Packet Pg. 560 Uacu8ign Envelope ID:1E494019-C24B-4665-E367G-6C8F500C6F60 16.A.13.d STATE OF FLURIDA DEPARTMENT ❑F TRANSPORTATION 525 PROGRAMMANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 0GC100C—DU22 Page 3 W 15 deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient wil not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. I the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement'; 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 receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to thf 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), F.S., will be due and payable, in addition to the invoice amount, to the Recipient Interest 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 e 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 obtaininc 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 records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipieni 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 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 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. 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 Recipient, in writing, when funds are available. C- Packet Pg. 561 Docusign Envelope ID: 1 E4940I9-C24S-4665-1357C•6GBF500CU60 16.A.13.d 525-010-40 STATE OF F'F,ORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 05crooC-03r22 Page 4 of 16 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: "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.'' 6. Department Payment Obligations: le N Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient ti pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect C') by notice in writing not to make a payment if: N a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or N 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; `l c 0 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 incurred related obligations without having been o advised by the Department that same are approved; (D d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f,; or r e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. E ID The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration P ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid, a a In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior tc the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which o are not provided for in the latest approved schedule of funding in Exhibit "B" 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, T and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. M 7, General Requirements, c The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in E accordance with the provisions in this Agreement, 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 a Local Agency Proctram Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. a 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 terms, conditions, and specifications of this Agreement shall be in responsibte charge of the Project, which employee should be able to perform the following duties and functions: r� Packet Pg. 562 u0cua19n tnve10pe 10: 1E494019-C24B-4665-557C-6C6F500C6F60 16.A.13.d STATE OF FIOR{DA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGCIQaC— C3122 Page 5 rN 16 i. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects, it. 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 oversight, including proper documentation; vii. Is aware of the qualifications, 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 (quarterly), beginning from the day the NTP is issued. if the Recipient fails to submit quarterly Invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the foss 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 wilt 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 o1 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 Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, 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 projects, unless authorized pursuant to Exhibit "1", 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 election, referendum, approval, 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 consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion ail 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, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department -designated information systems. g. 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 Packet Pg. 563 DoCuSign Envelope !a: 1 E494019-C24B-4665-B67G6C:51`500CU60 16.A.13.d STATE 6F FL6it1i7A AEF'ARTMENT QF TRw525-01040SApRTATIpN PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIOOG-0=2 Pace B o1 SL of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or pars 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 Recipient in writing citing the reasons why items and amounts w are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA cc) requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is aEi not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in 2- total. For any amounts determined to be ineligible for federal reimbursement for which the Department has a advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 i6 days of written notice. c a� 2 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 a 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 a than October 15 of each year. a 8. Audit Reports: r N 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 N agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with N all audit and audit reporting requirements as specified below. a� a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include, but not be limited to, on -site visits by Department staff and/or other procedures 2 including, reviewing any required performance and financial reports, Following up, ensuring corrective action, and 1 issuing management decisions on weaknesses found through audits when those findings pertain to federal awards o 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 o Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed rr necessary by the Department, 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 subrecipie nt of a federal award awarded by c 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 a� established by 2 CFR Part 200, Subpart F — Audit Requirements, the Recipient must have a federal single or a program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, a Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award a identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, c Subpart F — Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must w consider all sources of federal awards based on when the activity related to the federal award occurs, including °' r 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 M provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. r ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee c responsibilities as provided in 2 CFR Part 200, Subpart F -- Audit Requirements. s w r Q Packet Pg. 564 UocuSign envelope 103 IE4940i9-C24B-4665-1367G-6CBF50OG6F60 16.A.13.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52S PROGRAM RpGMANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT �G0OOC-ON22 Page 7 of 78 lii_ In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audi' Requirements, in federal awards, the Recipient is exempt From federal audlt requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department al FDQTSingleAudit@dot.state.fl.us 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 Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") al https,//harvester.census-9ov/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 FAG is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTScngleAudit0,dot.state. fl.us within the earlier of 30 calendar days after receipt of the auditor's reports) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements. Within six months of acceptance of the audit report by the FAC. the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federa 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 additiona 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 Recipieni 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; 6. 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 statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vil The Department's contact information for requirements under this part is as follows - Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS in g leAud K@dot. state. fl. u s c. The 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 shalt 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: c d E m T w Q M c d E m a a 3 N a Q J r N CD 1- M v N In Iq N Packet Pg. 565 Uocu6ign Envelope ID. 1E494019•C24B-4665-867C-6C8F500C6F60 16.A.13.d S7ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-01040 PROGRAM MANAGEMENT OGC1OOC— 03f22 Page a of 76 The Department may, by written notice to the Recipient, 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, however, 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- way will become the property of the Department and will be turned over promptly by the Recipient. 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 110, Florida Statutes. 10, Contracts of the Recipient: 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. ft is understood and agreed by the parties to this Agreement that participation by the Department in a protect with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, 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 ail contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at Imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be Packet Pg. 566 uocuSlgn Envelope ID. 1E494019-C24B-4665-B67c-6cBF50OC6F6D 16.A.13.d STATE of FLORIDA QEPAR7WFNT OF TRANSPORTATION PROGRAMMANAC,EAAENTGEWNT LOCAL AGENCY PROGRAM AGREEMENT OGC�OOG- 93r22 Pape 9 of 1s proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design -build firm, or loca agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shalt 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 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 taws 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, nationa' 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 federal, state, and local laws and regulations applicable to this Project. Execution of this Agreemenl constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors tc 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, and 2 C F.R. Part 209 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge of designee as part of the Project closeout process. The 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 regulations, standards and procedures, 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 developer 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. The Recipient shall include the attached Exhibit "C". Title VI Assurances in all contract: Packet Pg. 567 Dom Sign Envelope I13: 1 E494419-C246-4665-B67G6CBF500CBF50 16.A.13.d -010-40 STATE OF FLORIDA DEPARTMENT of 1RANSPORTATION 525EMENT occiao� va�zz LOCAL AGENCY PROGRAM AGREEMENT PRDGRAMM 10OC— 3122 Page 10 of 15 with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 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 Federa w Government issued thereunder, and assurance by the Recipient pursuant thereto. E c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public L entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may no' Q 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 nol 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 0- convicted vendor list. ' d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the a Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bic r on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public N entity for the construction or repair of a public building of public work; may not submit bids on leases of rea ti 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. e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further v N le been determined by the Department to be a non -responsible contractor may not submit a bid or perforn- .. 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 `l included in the Project in which any member, officer or employee of the Recipient or the locality during o 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. o and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the GT) 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 connectior with the Project or any property included or planned to be included in any Project, and shall require itG contractors to insert in each of their subcontracts, the following provision: E ar L "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years Q thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Q J 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 c w governmental agency. g. No member or delegate to the Congress of the United States shall be admitted to any share or part of thiE v C14 Agreement or any benefit arising therefrom. Cl) v 1s. Indemnification and Insurance: c m a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party w beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit Q 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 jus claims against the Recipient or any subcontractor, in connection with this Agreement. Packet Pg. 568 Docu.Sign Envelope ID: 1E494019-C24B-4665-867G-6CBF8ODG6F60 16.A.13.d 16. 525-010-40 STATE OF FLORIDA ❑EPARTNIENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGclDor--a3122 Page 11of15 b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department againsl any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver ZD of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes E Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or foi Q the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by thirc parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. E m c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors a consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification' Cn who perform work in connection with this Agreement: a Q J "To the extent provided by law, (ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's N officers, agents, and employees, against any actions, claims, or damages arising out of, relating ti to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. N LO The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s v N sovereign immunity beyond the limits set forth in. Florida Statutes, Section 768.28. Nor shall the same he construed to constitute agreement by [ENTITY] to indemnify (RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for �I the negligent acts or omissions of the Department, its officers, agents, or employees, or third o parties. This indemnification shall survive the termination of this Agreement." 3 d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of th[E 0 w Agreement, a general liability insurance policy or policies with a company or companies authorized to d[ business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,00C per person and $300,000 each occurrence, and property damage insurance of at least $200.000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also w or cause its contractor or consultant to cant' and keep in force Workers' Compensation Insurance a; aEi required by the State of Florida under the Workers' Compensation Law. With respect to any general liability 2 insurance policy required pursuant to this Agreement, all such policies shall be issued by companie" Q licensed to do business in the State of Florida. The Recipient shall provide to the Department certiflcate,, a - showing the required coverage to be In effect with endorsements showing the Department to be ar J additional insured prior to commencing any work under this Agreement. Policies that include Self lnsurec c Retention will not be accepted. The certificates and policies shall provide that in the event of any materia ao change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shal r be given to the Department or as provided in accordance with Florida law. N O� Maintenance Obligations: In the event the Project includes construction then the following provisions arf M incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway Systen c constructed under this Agreement for its useful life. If the recipient constructs any improvement or Department right-of-way, the Recipient f° ® shall Q ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. if the Recipient i� required to maintain Project improvements located on the Department right-of-way beyond fina acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Packet Pg. 569 DocuS;gn Envelope ID: TE494019--C24B-4b65-B67C-6CHF5D005F60 16.A.13.d 52"10-40 STATE OF FIARIOA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT QGCIOCC-03n2 Ge96 12 of 16 Agreement, 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 "❑". This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: w 0) E a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for L any liability arising from non-compliance with these regulations, and will reimburse the Department for any a loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. j6 The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control Act as amended (33 U.S.G. 1251 2 1387). a rn b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this a Agreement. a G. In no event shall the making by the Department of any payment to the Recipient constitute or be construed r N 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 exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. N d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of ao) applicable law. (D e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, I any bonus or commission for the purpose of obtaining an approval of its application for the financing o hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision 0 aNi 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 C in order that appropriate changes and modifications may be made by the Department and the Recipient tc the end that the Recipient may proceed as soon as possible with the Project. g. I the event that [his Agreement involves constructing and equipping of facilities, the Recipient shall submit a> to the Department for approval all appropriate plans and specifications covering the Project. The a Department will review all plans and specifications and will issue to the Recipient a written approval with a any approved portions of the Project and comments or recommendations covering any remainder of the a Project deemed appropriate. After resolution of these comments and recommendations to the c Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder w of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the cV Department. N a) h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all M applicable federal and state requirements. Certification is required prior to authorization for advertisemenl for or solicitation of bids for construction of the Project, including if no right-of-way is required. m 1. The Recipient 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 Recipient's facility, adequate title is in the uum Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. a j. The Recipient agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Recipient, 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 Packet Pg. 570 ❑ocuSign Enveiope 11): 1E494019-C246-4555-867C-6CBF50OC6F60 16.A.13.d 18. STAT F OF FL0RUA OE PARTMENT OF TRANSPORTATION525-010-40 AGEMENT PRpGRAMMIINAC--03f2T LOCAL AGENCY PROGRAM AGREEMENT QGGfaOCr 93f�2 Pap 1]of16 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 nave 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 a undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in E accordance with its instructions. The Recipient shall require that the language of this paragraph be included 0) in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts Q under grants, loans, 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. m E m k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and inspection 0- services on the Project. ' rn 1. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. if at any a- J time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the N 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 employmenl LO N eligibility of all new employees hired by Recipient during the term of the contract; and -0 m 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. o t, n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, w but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this W Agreement with a signature on behalf of a party will be legal and binding on such party. 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. as E W m p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive En solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated a funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. Q Exhibits: J 0 a. Exhibits "A", "B", "C", "0", "E" and "F" are attached to and incorporated into this Agreement. 00 b. ❑ 1f this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is N attached and incorporated into this Agreement. M c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. E d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit'T State CU Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Q 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 "W', Advance Project Reimbursement is attached and incorporated into this Agreement. Packet Pg. 571 DocuSign Envelope ia: IE494D19-C24B-4665-667C-6CSF500G6F60 16.A.13.d STATE OF FLORIDA ❑EPARTMENT Qr TRANSPORTATI0N 525MENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAN1MAkAGEiOW2 4GGIQQ� 03�22 PaW 14 0f 15 €. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement. g. ❑ 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. ❑ This Project includes funding for traffic signals andlor traffic signal systems, If this Project includes funding for traff c signals andlor 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 "a", Terms anc 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. Exhibit "P" k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: 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 Financiai Assistance (Florida Single Audit Act) * Exhibit K: Advance Project Reimbursement Exhibit L: Landscape Maintenance ` Exhibit W Roadway Lighting Maintenance Exhibit N. Traffic Signal Maintenance * Exhibit Q: Terms and Conditions of Construction in Department Right -of -Way Additional Exhibit(s): Exhibit "P" Proposed Locations (I page) Indicates that the Exhibit is only attached and incorporated -if applicable box is selected. Packet Pg. 572 DocuSlgn Envelope ID: 1 E494019-C248-4665-B67G6CBF50OC6F60 16.A.13.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E LOCAL AGENCY PROGRAM AGREEMENT PROGRAM IAANAGEMAGEMENT aGcI000- vuzz Pope 16 of 16 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: John M. Kubler, P.E. Title: Director of Transportation Development Legal Review: RECIPIENT COLLIER COUNTY: ATTEST: CRYSTAL K. KIN7�1-, (2;I.ERK _ .Y Attest is to CA s�Asure aniv. Approved as to Farm and Legality: Derek D. Perry Assistant County Attorney ,L1/ A, 5/6/2022 1 8:4 BOARD OF COUNTY COMMISSIONERS COLLIER CO IDA By: Wil am L. McDaniel, Jr., Chairman Q .I-) Packet Pg. 573 DocuSlgn Envelope ID. 1 E494019-C24B-4665-667C-6CBF50OC6F60 16.A.13.d An Form 525-01"GA STATE OF FLORIDA DEPARTMENT OF TRANSPORTA7ION LOCAL AGENCY PROGRAM AGREEMENT W:1:11=11IIIra► PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 437924-1-98-01 ',25 011.0A PROGRAM M-ANAi GEN This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System, PROJECT LENGTH AND MILE POST LIMITS: 01 0"001 PROJECT DESCRIPTION: TRAVEL TIME DATA COLLECTION COLLIER COUN Y !TS ARCH ATMS This project shall include the purchase of travel time measuring equipment and all requisite accessories and licenses acrosG County arterials. Implementation and configuration will be done in-house by County staff SPECIAL CONSIDERATIONS BY RECIPIENT - The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform it accordance with the following schedule: a) Advertisement for bids (or Request for Proposals) of Travel Time measuring equipment, all accessories anc licenses on or before December 31. 2022 b) Bid Review and Award on or before June 30, 2023 c) Receipt of all purchases and final project invoice on or before December 31, 2024 d}Project Close-out on or before July 1, 2025 If this schedule cannot be met, the Recipient will notify the Department in writing witri a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Upon receipt of an invoice, the Department will have twenty, (20) working days to review and approve the goods and services submitted for payment w c a� E 0 W L Q w c a� E a� a a rn a Q J 4 N Q1 M N L0 le N a� U L I i O r 0 U) am c r c m E d 0 L Q a Q J 0 w N ti M r c m E s U r Q Page 1 of 1 Packet Pg. 574 ❑ocuSign Envelope ID: 1E494019-C248-4665-867C-6C8F500C6F60 Alt Form 52"l0-446 STATE. 4F FLORIDA DEPARTMENT OF TRANSPORTAT10N LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: Collier County 3299 Tamiami Trail, Suite 700 Naples, FL 34112 16.A.13.d 525-011-0e PROGRAM MANAGEMENT 5121 Peve 1 of 1 FINANCIAL PROJECT NUMBER: 437924-1-98-01 MAXIMUM PARTICIPATION (1} PHASE OF WORK By Fiscal Year TOTAL PROJECT FUNDS (2) LOCAL FUNDS (3) STATE FUNDS (4) FEDERAL FLIP Design- Phase 38 Y. (Insert Program Name l $ $ $ $ Y- [Insert Program Name] $ $ $ $ Y: Insert Pra ram Name $ $ $ $ Total Design Cost $ 0-00 $ 0.00 $ 0,00 $ 0,00 Right -of -Way- Phase 48 FY. (Insert Program Name) $ $ $ $ Y- (Insert Program Name) $ $ $ $ FY: Insert Pro ram Name $ $ $ $ Total Ri g ht- o f-Way Cost $ 0-00 $ om $ 0,00 $ 0-00 onstruction- Phase 58 Y (Insert -Program Name) 5 $ $ $ Y. {Insert Program Name] S g $ $ Y: (Insert Pra4r2m Name) $ S $ $ Total Construction Cost $ 0.00 $ 0,00 $ 0.00 $ 0.00 anstructlon Engineering and Inspection {CEt}- Phase 68 Y: {Insert Program Name} 5 $ 5 $ Y: [Insert Program Name} $ $ $ $ Y- Insert Pro ram Name $ $ 5 $ Total CEI Cost 5 0.00 $ 0.00 $ 0.00 $ 0.00 E ui merit Purchases — Phase 98 Y: 2022 LkCCCCM) $ 440,450-00 $ $ $ 440,450.00 Y. En ert Pro ram Name $ $ $ $ FY: Insert Program Name $ $ $ $ Total Phase Costs $ 440,450.00 $ 0.00 $ 0,00 $ 440,450.00 TOTAL COST OF THE PROJECT 5 440 450.00 5 0.00 $ 0-00 $ 440 450,00 COST ANALYSIS CERTIFICATION AS REQUIRED 6Y 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 b� Section 216.3475, F-S. Documentation is on file evidencing the methodology used and the conclusions reached. Simon Shackelford District Grant Manager Name 0"u61V"d W. S.i...� s ••L 5/5/2022 1 5:02 PM EDT 5igna u Date d 3 d L I O r 3 0 W W C R c O E O d L Q d Q J 0 ao r v N cn m c a� E t U R Q Packet Pg. 575 Docu3ign Envelope Ip 1 E494019-C24B-4666-667C-6CBF56QC6F60 Alt FQvn 525-010-40C STATE OF F1.0RIDA DEPART MEINT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT C TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: 16.A.13.d 525-011-0C PROGPOW MANAGEMENI MI Pape 1 of; 0.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, 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 REGULATIONS. (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 sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination an the basis of race, color, national origin, or sex. (d.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier SafetyAdrninistration 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 Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Faderal Transit Administration, Federal Aviation Administration, or i] Packet Pg. 576 t3ocu5ign Envelope I©: 1E494019-C24E-4665-B67C-6CBF506C6ti-60 52&-01 14 16.A.13.d PROGRAM MANAGEMENT OW21 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a, withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (5.) 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, provided, however, 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 direction, the contractor may request the Fiorida 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 eater into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat, 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et sec.), (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 C F R Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -• 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). �f. Packet Pg. 577 DocuSign Envelope ID: IE494019-C24B-4665-867C-6CSF50OC6F60 16.A.13.d AR Form 52S-010-400 STATE of FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-C LOCAL AGENCY PROGRAM AGREEMENT PROGRAMMANAGEn05A oar Page 1 ❑1 EXHIBIT ❑ RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. r 4 N Q1 M N L0 le N Packet Pg. 578 QacuSign Envelope ID-. 1E494019-G24B-4665-B67C-6CBF500C6F60 16.A.13.d Ak Form 525.010-40E STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT E FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 339.12 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program https:llbeta.sam.govlf2il1093726316c3409a8e50f4c75f5ef2cfilview7l Site: relevance&index=cfda&is active=true& a e=1 Award Amount: $440,450.00 Awarding Florida Department of Transportation Agency: Award is for No R&D: Indirect Cost NIA Rate. FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 525-011•0' PROGRAM MANAGEMEN 0&2 Page 1 of 2 CFR Part 200 — Uniform Administrative Requirements, Cast Principles & Audit Requirements for Federai Awards h tta;Ilwww_ecfr. govlcgi-bin/text-ldx?node=2 1.1.2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code htt :I/uscode.house. ❑v/browse) relim title23&edition= relim Title 49 — Transportation, United States Cade htt Y/uscode.house.gov/browselorelim@title49&edition=prelini Map-21 — Moving Ahead for Progress in the 215t Century, Public Law 112-141 htt :Ilwww.g po. ovlfds s/ k IPLAW-112 ubl1411 dfIPLAW-112 ub1141. pdf Federal Highway Administration — Florida Division http-,//www.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) htt5:llwww.fsrs. ov/ O Packet Pg. 579 uocuatgn Envelope lu: 1 E494019-C248-4665-B67C-5cSF500C6F60 16.A.13.d Alt Form 525.010-4or STATE OF FLORIDA DEPARTMENT OF TRANSAORTATiON 525-011-0F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT W21 Page 1 oT EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. 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. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273,02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Packet Pg. 580 ❑ocu&gn Envelope U 1 E494019-C24B-4665.867C-6C6F500CSF60 16.A.13.d Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Ftorida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address litt s://wwvv.m flofidacfo.coral❑ivisionlAAlManLlals/documents/ReferenceGuideforState Expenditures.pdf. Packet Pg. 581 lJocuSign Envelope ID: 1E494019-C24B-4665-E367C-6C6F50OC6F60 FPN: 437924-1-98-01 PROPOSED LOCATIONS EXHIBIT "P" 16.A.13.d 437924-1-98-01 Proposed Locations (Subject to change with FDOT Approval) 4 Proposed Locations (Subject to change by the County with FOOT Approval 1 Airport Pulling Rd @ Golden Gate Pkwy 2 Airport Pulling Rd @ Pine Ridge Rd 3 Airport Pulling Rd @ Orange Blossom Dr 4 Airport Pulling Rd @ Vanderbilt Beach Rd 5 Airport Pulling Rd @ Immokalee Rd 5 1 Collier Blvd @ Vanderbilt Beach Rd 2 Collier Blvd @ Golden Gate Blvd 3 Collier Rd @ Pine Ridge Rd 4 Collier Blvd @ Rattlesnake Hammock Rd 5 Collier Blvd @ Verona Walk Blvd/Grand Lely ❑r 5 1U 1 Golden Gate Blvd @ Everglades Blvd N 2 Golden Gate Blvd @ Wilson Blvd 2 12 1 Golden Gate Pkwy @ Santa Barbara Blvd 2 Golden Gate Pkwy @ Collier Blvd 3 Golden Gate Pkwy @ Goodlette Frank Rd 3 1S 1 Goodlette Frank Rd @ Vanderbilt Beach Rd 2 Goodlette Frank Rd @ Orange Blossom Dr 3 Goodlette Frank Rd @ Pine Ridge Rd 4 Goodlette Frank Rd @ Solana Rd 4 19 1 Immokalee Rd @ Goodlette Frank Rd 2 Immokalee Rd @ Livingston Rd 3 Immokalee Rd @ Logan Blvd/Olde Cypress Blvd 4 Immokalee Rd @ Collier Blvd 5 Immokalee @ Collier Charter School fi Immokalee Rd @ Oil Well Rd 6 Z5 1 Livingston Rd @ Veterans Memorial Pkwy 2 Livingston Rd @ Vanderbilt Beach Rd 3 Livingston Rd @ Orange Blossom Dr 4 Livingston Rd @ Golden Gate Pkwy 5 Livingston Rd @ Radio Rd 5 3� 437924-1 Proposed Locations —rev 2 Packet Pg. 582 16.A.13.e RESOLUTION NO. 2023 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A SUPPLEMENT AMENDING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING TO PURCHASE TRAVEL TIME MEASURING EQUIPMENT AND ALL REQUISITE ACCESSORIES AND LICENSES ACROSS COUNTY ARTERIALS IN COLLIER COUNTY, FLORIDA. (FPN 437924-1-98-01) WHEREAS, on June 28, 2022, Agenda Item No. 16.A.14, the Collier County Board of Commissioners ("Board") approved a Local Agency Program (LAP) Agreement No. G2A87 (the "Agreement") with the State of Florida Department of Transportation (FDOT) (entered into and executed on July 7, 2022), wherein FDOT will reimburse Collier County up to the sum of $440,450 (Four Hundred Forty Thousand Four Hundred and Fifty Dollars) to purchase travel time measuring equipment and all requisite accessories and licenses across County arterials (FPN 437924-1-98- 01); and WHEREAS, FDOT and the County seek to amend the Agreement with a supplement; and WHEREAS, the Collier County Board of Commissioners finds that the supplement amending 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 approves and authorizes its Chairman to sign Supplemental No. 01 amending the Agreement pertaining to FPN 437924-1-98-01. 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, this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY, FLORIDA am , Deputy Clerk Approved as to form and legality: p Derek D. Perry Assistant County Attorney [23-PRC-05074/1768355/1] Page 1 of 1 Rick LoCastro, Chairman Packet Pg. 583