Agenda 09/09-10/2008 Item #16B 2
AGENDA ITEM'~"
No.
Pg:c S~ tP 8r!J
I
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing execution of a Florida Department of
Transportation Local Agency Program Agreement for the Landscaping of State Road 951
(FM#414534-1).
OBJECTIVE:To obtain Board of County Commissioners approval of a Resolution authorizing the
execution of a Florida Department of Transportation Local Agency Program agreement for the landscaping
of State Road 951 (FM#414534-1).
CONSIDERATIONS:
The Alternative Transportation Modes Department was requested to execute a Local Agency Program
with the Florida Department of Transportation in the amount of $448,100 for the landscaping of State
Road 951 from 1050 feet north of the Jolly Bridge to the south end of the Mclivane Bay Bridge. The
attached Resolution authorizes the Chairman of the Board of County Commissioners to sign the Local
Agency Agreement (LAP). Upon execution by both the Chairman of the Board of County Commissioners
and by the Florida Department of Transportation, the state will issue a Notice to Proceed that will allow this
landscape project to begin. Local agency reimbursement is expected in FY 09/10.
(-
FISCAL IMP ACT:Sufficient dollars to complete the desired landscape project are budgeted in the
FY09 budget – Fund 112 (Landscaping); Cost Center 163652. The $448,100 landscaping funds
from Florida Department of Transportation (F.D.O.T.) will be paid to the Collier County Alternative
Transportation Department in Fiscal Year 09-1 0, which will allow for the repayment to Fund 112.
GROWTH MANAGEMENT IMPACT:There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This request has been reviewed for iegal sufficiency and is legally
sufficient for Board action.
RECOMMENDA TION:That the Board of County Commissioners approve a Resolution authorizing
the execution of a Florida Department of Transportation Local Agency Agreement in the amount of
$448,100 for landscaping of State Road 951 from 1050 feel north of the Jolly Bridge to the south end of
the Mclivane Bay Bridge and approve all necessary budget amendments. Prepared By: Pamela Lulich,
Landscape Operations Manager, Departmenl of Alternative Transportation Modes.
Attachments: 1) Agreement; 2) Resolution
Prepared By:
Department
Information Technology
Date
8/12/200811:29:12 AM
,--.
Approved By:
Department
Approval
County
Approved
Manager's Office
A IT ACHMENTS:
Name: Description:
Cl EOKSUMDoC3-.3E2S"dQ!o Executive Summary
Cl RES Doc...5..;iF28.Ddt LAP Resolution
Cl L8P_I2QCL3F2_8.pd! LAP Agreement
1-
Date
AGEtJPAJrL:~j
No~.,.Z-
SEP; () 0' 200P
1"9 d. QP' ~ I
9/4/2008 1 :26 AM
Type:
Executive Summary
Resolution Letter
Backup Material
RESOLUTION NO. 08-_
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING AND
AUTHORIZING ITS CHAIRMAN TO SIGN, A LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING AND
IRRIGATION IMPROVEMENTS ON STATE ROAD 951 BETWEEN
THE JOLLY BRIDGE AND MelLV ANE BAY.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will
reimburse Collier County up to the sum of $448,100 for landscaping and irrigation improvements
on State Road 951 between the Jolly Bridge and McIlvane Bay (approximately 3.26 acres); and
WHEREAS, the Board of County Commissioner finds that the proposed improvements are
in the public interest and this Agreement is in the best interests of the citizens of Collier County.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioner approves, and authorizes its Chairman to sign,
the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED this _ day of
second and majority vote.
, 2008, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Appr ed to form and
legal
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STATEOFFL.oRlOADEPARTMENTO"FJAANSP, ,. ORTAT N, ',' I r ',' \
LOCAL AGENCY PROG~AGRE. ,..NT '1' ., ''2- P'
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Eel'MANAGEMENt,OFFiCE
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FLAIR Approp:
FLAIR Obi:
FLAIR Approp:
FLAIR Obj:
FLAIR Apprpp:
FLAIR Obj: .
FLAIR Approp:
FLAfRObj:
Vendor No: F 596000558102
FPN: 414534-1-58-01 . Fund: SE
FedE.ra1 'NO: 3251 DOlll;>c: Org Code: 5501401,0106
FPN: ., " Fund:
Federal 'No: Org Code:
FPN: -, Fund:
Federal No; Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Unlvarsal Number System (DUNS) No: 8O-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT,made and entered into this _ day of '._ by andb~tween the,,sTATE
OF'FLORIDA De?AR~ENT OF TRANSPORTATION, an agency OfAhe State of Florida, hereinafter called the
o..partment, and Collier 'Countv.Board of Countv Commissioners. 3301 East Tamiaml Trail. Naoles. Florlda 34112
het..ihafter calledlhe AgenCY.
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WiT N E SSE T H:
1NHI;:REAS, the Agency ~as th..authority to enter into this A9.@~~~Qt~n~ III underta~e the~rOjecther~nafterdescribed,
ancf1l1e Dep<jrtment has beeH granted the authority to functioQ adequatEJIY in ,all arells of a~roptlatejurisdlction including
the implementation Qfan integrated and balanced transpor:t8tion system antl'i's authorized under Section 33!l,12, Florida
Statutes, to enter inlo.this Allteement;
NOW, THEREFORE, in cdlisideralionof the mutual covenants, prQmises !lnd representationsbetein. the parties agree as
folll''NS:
1.0ll":Purpos,: of,Agr'!l!l'ent: The purpose of this A!I':-eement is to provide for lhe Department's participation in
landscaoinaandils further described in Exhibit -A' attached hereto and by this rOference m~~~ a part hereof, hereinafter
called the -project" aHd 10 provide Department financial assistance 1.0 the Agency and s.~e the terms and conditions
upon which such assista!>Q9 will be provided and the understandings as tolhe manner in which the prQiecl win be
undertaken and completed.:" ..
1.01 Attaehments: Ex~lbit(s)A B. 1 and L are attached and made a part hereof.
,2.01 General Requirements: The Agency shall complete the project a~described in. Exhibit "A" with all pr"ptlcal
i1lspatch, in a sound,ecorll>!",ical, and efficient manner, andln accordance With the prOvisions herein, and an apj3l1Cllble
iaws. The project will be performed in accordance with. all applicable Department procedures, guidelines, manuals,
standards, and directives as deScribed in the Department's Ll>cal Aaencv Prooram Manual. which b.y this reference is
mage a part hereof a$jf fully set forth herein, Time is of the ",,~sence as to each and every oo1igath:m under this
Agreement.
A full time employee of the' Agency, qualified to ensure that the wl>rk being pursued is cl>mplete, accurate, and consistent
withjhe terms, conditions, and specificatil>ns of this Agreement shallbe,in Charge of each project.
Removal of Any UnbUled Funds
If Agency fails 10 Ilmely PEll'fl>lll1lts obligations in submitting invoices and documents necessary for the close oul of the
project, and said failure resuhs in a loss of the remaining unbilled funding either by Federal withdrawal offunds or loss of
Stale appre>prialion authority (which may include bolh federal funds and stale funds. If any state funds are on the project).
Agency will be responSible for the remaining unbUled funds on theprQject. No other funds Will be pr(>Villedby the
Department. . Agermy waiVes the right to contest such removal Qf fundS by the Department. ff said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's .fallure or
nonperformance. In adailion to loss of funding, the Department Will consider de-certificatlenof said Agency for future LAP
projects.
STAre OF FlORft}A;DEf'-~trrMENT OF TRANSPORTATION
LOCAL AGENCY pROGRAM AGREEMENT
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..PRO... JE.~..~.'o','o4p
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Removal of All Funds
If all funds are remQved ,from the project, including amounts previously billed to the Department and reYmbursed to the
Agency, and the project is off the state highway system, then the department will have to re9!lest repayment for the
previously billed amounts,from the local Agency. No stale,,f\.lnds can be used on off-sys~m projects:
,'" ,^'''. .. .... r.c;
2.02 Ex:piralion of Ag~m..nt: The Agency agrees 19 Cl<:lif'1\iletll the project on"r~ore Deoember 31 .:!O09. If,tna
A9r~cydoes~pt complete the prpjeot within this ti~eperiQdi;tli!~~greement will e,q,!feQ!1 !he ,last dey oflhe~chedUled
cO[11l1letjon C!S provided in this paragraph unless an extension Bf\ftetime period is. requested by the Ag.,mcy and granted
in wnting'by the Department prior to the expiration of this Agreement. Expiration of this Agree~~m Wiflbe considered
termination of the project. Thl! cost of any work performed after the expiration date of this,:,!l:greementwm not be
reimllOrsedbythe Departmeljt,;,:'
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2.03 Pursuant 10 Federal, Stale. and Local Laws: In the event that any election, referendllm, approval, permit, notice
or otl:ler proceeding or aull,prization is requisite under a~&i'able law to enable the Agency to anler into this Agreement or
to un<lertake the projQot'hereunder or to observe, assume or ~ out any of the provisions of the Agreement, the Agency
will initiate and c6nslimmate, as provided by law, all aCllol'fS,ne6essary with respect to any such _tters so tequisite.
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~'O~'~ency Funds: The Agency shall inltiat<ia~d prosecute to completion allP~edingsnetessary, including
feaer~l41id requirements, to enll):lle the Agency to provide the nece!;$ary funps for coniJ'lfetipn oLlhe proje;;t.
2.II~Submill$ion ofProceedings,pOtllracts, and Otijjll'l.5O<;U!J1lints: '.' The Agency shall sub~ltit!lithe I)epartmel'it
suc;l'j data,il;lports, reco~~!iITconlracts, and other docurnentsre1aling to the project as the Deplilr:tn\~nt and the Federal
Highway Adminislratlon(FtiI\N A) may require.
3,Ollprojecl Cost:
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3.Q110131 CoSt: The tot,al. poSI of the project is $ 448,~~,6o.ThiS arnounti~ .based up~,n!heschf>dul, of funding in
Eil!1it:>II'B." The Agency "\l.l'lies to bear all expenses in exceSs of the total ClOSt of !he prQj~l~nd any <leficits involved,
The schedule offundlo.Q'!"BY be mcl<lified by mutual agreement as provided,for in pal'llgl'llpfoI4.00.
3.0z,P81ll1I'lmentParticipati/."".'The Department agre~lppartjciplilte, inCluding contingencies, in the project cost 10 the
extent provided in Exhibit "B,!"This amount inetudes fedl'lral"aid funds which are fimitedtp.l.t:le actual a!l!punt of federal-
aid'participati~, . . '.Y:"
3,O~' Limit!; On !ilI>!>~d!T1enl FU~!f' Project costs ",ligiblefClr p"",artmentparticipation will b", al~~d only from th",date
oHhjs Agreement::'jns'underst~that Department partJ,cjpatlOri'ineligil1le project costs is subject to:
a) Legislative c!p~,roval of the Department's @propriation request in the work prograrnyearthat the project is
scheduled to be colllmitted; , - .
b) Availability of funds as stat~in paragraphs 3.04 and 3.05 of this Agreement;
c) APproval of all "ljJans. specifications. CO!ltracts or llther obfigaling documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation author;tYb!lComes available.
3..li4Appropl'ialion<:>fFu.,ds: The Departrnent's performance and ol1\igation to pay undetthlS Agreement is contingent
upon an annual appropriatiQ!1 by the Legislature. If the .Department's funding for this ptoject is in"mUltiple iiscal years,
fU?~ approval from the DepC!rtment's Comptroller must be received eacb fiscal year prior to ll)'sts beinllincurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal yew funds are not eligible for
reimbursement if 'incurredprior to futlds approvai being received. The Department will notify the f>,ge!'1CY,in writing, when
funds are available,
3'1l5Multi-Year Commitmerit: In the event this Agreement is !nexcess of $25,000 and has !f'term for a pertod of more
than one year. the provisiGlns of Section 339.135(6)(a). Florida Statuteli, are hereby incorporated:
AG.ENO .An.'E-..l\T'.-'-~" .....
NO~
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Pg .' ~~J~GE .OF:~
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STATE OF FLORJm/f~~'ClF'JRNtSPQRTATlON
LOCAL AGE~~GRAM AGREEMENT
"(a)' The department, during any fiscal ye!!l';shall not expend money, t"eur any Iiabiiity, or enter Into an)'
contract which, by its terms, involves the expenditure of money In excess of the amounts budgeted liS
avaUable for expenditure during such fiscal year. Any conlrac!. verbal or written, made in VI!?ifjtipnpt llils
sub~...ction is nQlIllnd VOid, and no money ma.y be pal(j on such contract. The dePlirtment.shallrequireJ!i
stalernentfromlt\ecomptroller qf the D..PlIrl[n..ntthatfUndsare available prior toenterlnglrllOany su~h
conn-adtor o~rbinding commitment 9fN1i9s" Nothing herein contained shall prevent the ma[(Ingof
contracts. for penllds excetding 1 year, but~contract so made shall be executory only for the valllllof
the services tobe,render'l!dor a!,Jreed tQbe:pald for in succeeding fiscal years, andlhisparagrapl"l shall
be InCOlPoratedverbatim lri all contraclsoflha Department which are for an amounl In excess of $25,000
and whi.ch have 111'erm fora periOd of mol'li.1hah 1 year."
3.06..Nolice-lo-Proceed: No cosl may be incurred under this Agreement unlll the Agency hauecelveda written Notice-
locPl'ClCeed from the Department.
3.0'1'l-lmits oriF'edetaIParti"ip;ltion: Federal-aid funds shall not participate in any cost which is notinc;:urred in
conformity with applicable Feder~1 and State .la':'fS' Ihe regulations in 23 COde.of Federal Regulaligns (C.F.R.) and 49
C.F,~.. and pplicles and procedures prescribed by the Division Administrator of FHWA. F~!lrel;oflllldS shall not I'll! pald
on account qf,any cost incurred prior to autl"lorization by the FHWA to the Department to ptp~..dWith the p"'ieqor part
thereof involving such cost (23 C.F.R. 1.9 (a)), If FHWA or the Department determines thaI any amount claimed is nol
el!gl~le, fede~! participation may be approved in Ihe amo.unt determined to be adequately supported and the DEpartment
sh"lInotifylh~ Agency in writing citing the reasons why items .and amounts are n!?t eligible for federalpafflclpation.
Wher~ correctable non-complii!l1ce with p!'Ovisions of law or FHWA requir~ments exists, FederallunCl~may be withheld
until. compliance is obtained. Where non-compliance ie not correctable, FHW A or the Department may deny participation
in parcel or project costs in part or in total.
Fot'any amounts determined to be ineligible for federal reimbursement .Ior which the Deparl[nenlhas adyancedpaymant,
the Agency shall promptly reimburse the Department for all s.uch anlounts within 90 days of written notice.
4,00 Project Estimate andDI~rsement Schedule:f>rior to the execution of this Agreement, aproj!lct sChBlltJleof
funding shall be prepared by theAgency and,approvediUy the Department. The A!iJencysQlill m<ljplllinSl!lid schedUleo!
funding, carry out the project, .l3nd shall Incur obli~tions a!iJainst and make.. disbursements 01 project funds only in
conlormlty with the latest approved schedule of fUnl;ling'for the project. Thescheduie of lunding may be'!'evis.ed by m~lual
writt!l!l agreement between the De~artrnent and the Agency. .11 revised, a copy of the revision should be fO!IWB~d to the
Department's Comptroller and to the Department's Federal-aid Program Office, No increase c"decrease shall be
effective u.nless it COmplies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 'Records:
5.01 . Establishment and Maintenance of Accounting Records: Records of costs Incurred Moder .Ihe tenns ell this
Agreement shall be maintained and made available upon request to the Department at all limes during the p~riod of this
Agreement and for 5 years after the final.pawnent is made. Copies of these documents and records shllil be furnished to
the Department upon request. Records of costs Incurred include the Agency's general accounting records !l!ld lhe project
re~rds, together with supporting documents and records of the Agency and all subcontractors j:lE!<:fonning work on the
project and all other records of the Agency and subcontractors considered necessary by the. Iilepartment fllra proper audit
of costs. II any Iiligalion, claim or audit is started before the expiration of the 5-year period, the ~ecords shall be retained
until liilllitigetion, claims or audit find,ings Involving the records have been resoived.
S;02;Costs IncUlTJld for Project: The Agency shall charge to the project account all ellglble~.s!s of the project except
costs agr.eed to be borne by the Agency or Its contractors and subcontractors. Costs inBl<,lI8Ss 01 the programmed
funding ,or attributable to actions which have not received tlte required approval of Ihe Department shall not be considered
eligible costs.
5.0JOocumentatlon of project Costs: All coste charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety 01 the charges.
5.04 Audit Rl!pOrts: Rl!cipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FlORJO',i.'DEP~NT9F'lJ:IANSPORT~1'ION I Pg
LOCAL AGENCY PROGRAM AGREEMEN
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AGENDA ITEIIiY"-
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525-{)1~
GEMENT OfFIC,E
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Page 4
Theadministration of resources awarded by the Department to the Agency may be subject to audlls atldlor monlloring by
the Department, as described in this section.
. .. -"'-
N10~!t()r1nv:111 ad~lIion to reviews of auditscondu<;tf"d in accordap~ with OMB CilC~tarA-133 and Section 215,97,
Florjp~Statutes, asrevised {see "Audits" below), mopltQring procedur!!~ may iMiude, but not be.limited 1<1, on-sitevis~
bY'Elep~rtmenl staff, limited scope aud.its asdefinedby OMB Circul3r M 33. as r~vised, and/or other procedures.!:>y
ent",ring into this Agreement, the recipient a~rees to.. cOmPiy a~dcoqperate fuIlY,."fi.tt;\. any monitoring
procedureSlproce~~esdeemed appropriate by the. Departm\"!'1t.ln the eveiit.the Department determines that a limited
scopeaiJdlt ofttlereclplent is~ppropriate. ttle reCipient aJ1ree$ to comply witt) any addllionall'1~tructions provided by the
Department staff to ttle Agency regarding such audit!he Agency further agrees to cp~lyand cooperate wllh any
inspec;tlons, reviews. investigations or audits de.!lf!'ed nf"~sary by the FOOT's Office of inspector General (OIG). and
the Chief Financial Officer (CFO) or Auditor General.
Audits.
,,"'rt}'- FecteraJly Funded: Recipients offedel'ilr funds{i~!l'"state, 10c;algovemmentpr.!,,~n..prof1t org"nizations
defirllifdinOMB CircularA_133, as revised) are to have a".<!,1!5 doneannually,using ttle foll!lWil\g criteria:
1 III ltle . even! that the recipient expends$500,OQ,plir more In federal awards In Its fiscal year, the recipient-must
have.a singie or progra(T1-specific audit condu~d in accordance with the provisions of OMBCircular A-133, as
revised. Exhibit "1" of this Agreement indi~tes federa.l,resources awarded throll~the Department byttl;s
Agra~ment. In determlning the federal awa~.$expen~e<1l~I.bits fiscal year, lha recipierltsh~H consider all sources
of federal awards:l~cluding federalr.esources recelv\"dfrom the Department. The clelel'lllination of amounts of
:federal awards e>q>ended should be in I.lCCOrdanceV<lth the guidelines established bY<1)MB Circull;!r A-133, a~
. revised. An audll of the recrp;ent conducted~~the Audito[Generat In .accordance With the provis;ons OMS
Circular A-133., as revised, wHl meet therequirer;nf"nts ofth;s Pj!rt.
2. Incol'lfleqtion with the audit requirements.addres$ed,/in Part I, paragraph 1 the r~pient shall fulfill the
requirements relative to audilee responsibiliti!,s as prov~in Subpart C <lI Glf.1B ClrcularA_'f33i as revised.
3. If tt1e recipill~I~l(pendS less than $500.000 in f~d9ral awards in its fi~cal year, an aud!lconducted in aCCOrdance
with the pr,()~lsions of OMS Circu;ar A-133. aSrevlsed, is not required. However...ifll'l'e reopient elects to have an
audit eondlilcled in accordance .with the pro~i~.ions of Q~CilCular A-133, as rev;sed.t~e cost <lithe auditmLl~t
be paid from' non-federal resources (Le., the cost of s@h'an audit must be paid from recipient resources obta;n~
from other than federal entities). . . ,
4. Fllderal awards are to be ident;fied using the Catalog of F~i:leral Domestic As~lstance (OROP,) IlIle and number,
award number and year, and name of the awarPing fe<!eral agency.
PIlJ'!II . Stale Funded: ReCipients of state funds (Le::a non-state entity as defined bY Section 215.97(2) (I), Florida
Statutes) are to have audits done annually us;ng the follOwing criteria:
hi the. event that the recipient expends a tolal amo~nt of state financial assistance equal to. or in excess of
$50Q"boO in any fiscal year of such reclp!",nt. therilcrplent must have a state single or Ilr!l!ieWspecific audit for
such fisca; year in accordance with Se<ilion 215.111. FloridaSlatutes, aP@licable rules of the Executive Office of
the Governor and the 01"0, and. Chapters 1 O.~~O (locl.lt. govemmentalentities) or.1Q.650 (nonprofil and for-profit
organi~tions), Rules of the Auditor General. Extlibivr" to this Agreement indicates state financial assistance
awarded through the Department by th;sAgreement. In detenmlningthe state financial assistance expended in Its
fiscal-year. the recipient shall consider all sourceS.of state financ;alassislance, ;neluding stall! financial assistance
received from the Department, other slate agencies, and other non-state entities. , State financial assislance does
nol include federal direct or pass-through awards and resqurces received by a non-stateentity for federal
program matching requirements.
2. In connection with the audit requirements addressed ;n Part Il,paragraph 1, the .recipient shall ensure that the
audit complies with the requirements of Section 215,97(7), Florida Statutes. Ttlis inciudes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Ruies of the Auditor General.
STATE OFF1..ORIDADEPAfPl'~QFTIWS'ORT"'lION 'p
LOCAL AGENCY PR~AGREEMENT ,I II
3. II the recipient expends less than $500,000 in state financial assistance in its fi~~1 y~ar.an'8\ldit C9nducted in
accordance with the prOVisions of Section 215.97, Florida Statutes, is not required. However, il the recipient
elects to have audit cpn~Y~ecl in accordance with ttre provisions 01 Section 215.97, F1oridaStatules, the cost of
the. audllmust be paid frOm the non-state~~ty's resources (i.~., the cost Qf such ",nal,Jdit mUSlbe paid from the
reclpient'S,resources obtained from other tharl State entities). -
4. Stat!}8WlI~s~re to be identified using the Catalog 01 State Financial Assistance (CSFA) title and number, award
number illld.year, and name olthe stale agency awarding it.
Part III . Other ~tIII!t~.quirements: The recipient shall lollow up and takecotrBc#tVe action on~udit findings.
Preparation 01. a Sum",aryScheduleol Prior Year Audit Findings. including corrective action and current. status of the
audrtfindingsis required. Current year audit findings require corrective action and status 01 findings.
RecOfds related to unre,,()hied audit findings, aopeals or litigation shall be retained 'untiithe action is completed or the
dispute is resolved. A~ss,.to project records and audit work papers s~all be giVen to t,l'Ie Department, the Department of
Finartcial Services, anci'Il1~."Auditor G~neral. ThisJlection does not limit the authoritY of the Department to conduct or
arrange for thll conduct of additional audits or evaluations of state financial assistancec;>r limit lheauthority of any other
state official. . . "
Part. IV - Report Submission:
1. Copies of finanei;llreporting packages for audits conducted in accordance with OMB,c;;il;<;l,JlerA-133, as revised,
and required by Pall I of this Agreement shall be submitted, when required by Section:320 ('d), OMS Circular A-
133, as revised, by or on beha~ of the recipient directiytQ each of the fOlloWing:
a) The Departrnenl at each of the following address(es:):
MiehEllle S. Peronto
801cl'lllrlh Broadway Avenue
BarleW, Florida 33830
b) The Federal AuditOlearinghouse designated in OMB Circuter A-133, as revised (the number of copies
requlred'by Sections .320 (d)(1) and (2), OMS Circular A-133, as revlsed).at thefd\JOWing address:
Federal Audit Clearinghouse
Bureau oftt:le Census
1201 Eas.l:10'" Street
JeffersOrl'lfile, IN 47132
c) Other federiillagencies and pass-through entities in accordance with Sections .320 (e) and (I), OMS Circular
A-133, as r"'-ised.
2. In the evenl,that a copyo! the financial reporting paci<<!gerequirad by Part lof this Agr.~l and conducted In
accordance with OMi3':Oireular A-t 33, aSl'B1lised, is not required to be submltllioll<to the Departmem for reasons
pursuamio Section .320 (e)(2). OMS Circular A433. as revised, the recipient.hall submit the reguired written
notifICation pursuant to Section .320 (e)(2) anda copy of the recipient's audited Schedule of Expenditures of
Federal Awards directlv to each of the follQWing:
Michelle S, Peromo
801 North Broadway Avenue
BartOw, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall sUDmit a copy of the
financial reporting package c1escribed in Section .3>!O (c), OMB Circular A-133,as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
STATE OF FlORIDA DEPARTMENT'OFTRANSPORfM'1ON
LOcCAL AGEIIlCY PROGaM AGREEMENT
NAGEI'lOA ITEM'
o.~
BEf;T~
P ,,-f 2./.''''
Michelle S. Feronto
801 North Brolldway Avenue
Bartow, Florida 33830
. .' -.'" . ."....-""..,. .>-. .....,.".,. ..' ". . ":'.:,,,.'" ..,,.:;.' ,.,: ,:
Copies of the financial reporting package .required oby Part II of this Agreement shall be submittedo'by or on behalf
of the recipIent directlv to each of !he following: " 0
a) The Departmel'lt atoeach of the following address{es):
Michelle S. Peronto
801:N9l1h Broadway Avenue
Bartow, Florida 33830
b) The Auditor General's Office ~t the following address:
Auditor General's Office
Room 4Q1, Pepper Building
111 West Madison Street
Ti!lltahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by,Part III of this Agreement sh~lIlle'submitte(j by or on
behalf of the recipient directlv to: . - ,
3.
a) The DE!jT.Irtmenl at each of the fallowil)!) addresl;(es):
;i',:,"
MiChelle 5.. Peronta
001 North Broadway Avenue
Bartow, Florida 33830.
.. .. . . .
5. Ariyrepar;!(>, Management Letters, .orbther infa"!la!ion requir~d to be sUblll~"d to theOeparllT)enLPursuarit to
this AgrElf;lll')ent shall be submitt"d in a timel~ ml!llfier il) ,!ccordance wjtl;iQMB Circularf"133, asr"l'jsed,Flo~c:jiil
5tatu1!"S,and Chapters 10.500'(Iocal ~!!l!I!!!:Ilmental entities) or 1Q.850o(nonprofitaild for'pr'ofrt orgariizatioilst;
RuiElll>il!the Auditor General, as appli<;able.
6. ReGipients, wtllWn submitting finanCial reporting packagE!sto the Depar\!11ent for aU~!lsdane in ll~dancewjth
OMS Cio~l;lr A-133, a.s revised, or ChapterS 10.550 (IOc;l1 Ilovermmintal entities) or 10.8?O(t1onpro~t.i'lnd for-
profit ()~i'lnizationS), Rules of the Audit~JSeneral'oshould indicate the datE!ol~a~ the f1nal'lCifiI reporting package
was !j~livered 10 the recipient in corr~f>8iitlence a!lOOmpanyin~ the financiall'ep6rting paekage,
P'l/tV - Recorci Retentiot'f: The recipienfshall re~ainsufficientrecords demol11stratin~ Itscompli..nce wiihthe lerms of
this Ag/'l!llment for a period alat least 5 years f~;jljedalelhe audit report is issued..flGshall all()wthe gepartmentor its
designee, the fta1e CFO or AuditorGeneralacGt!$s to slllih re~D1tls upon request The re~ipient shiil!lensurethat th..
independenti'ludit d\?(;umentation is madeavallabie to th"Dep8l'tment, or its designee, the state CFCl or Auditw GenEll'ai
LlPOn request for a period of at least 5 years from ,the dale the audit report Is issuetl,.u,l'lless extended in wrlling by the
gepartment. ' .
US Inspection: The Agency shall permit. and shalLrequirl' its contractors to perfl'jit. the Department's a,\llhorizei:l
rep~entatlves and authonzed agents of FHW A to i~spect allwork, workmanship, miiltenals, payrolls, and records and to
audftthe books, records, and accounts pertainingtli> tll{! financing and development of.the project.
The Department reserVes the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
cont'actor or materials vendor to allow public access to all dOcuments, Papers, letters or other materi~subjec1 to the
provisions of ChePter 119,Florida Statutes, and~eor re<;eived in conjunction with'this AS)reelllent (Se,ction 287.058(1)
(c), Florida Statutes.).
5.06 Uniform Relocation Assistance and Real Propal'ty Statistical Report: For any ptoject,requiring additional right-
of-way, the Agency must submit to the Department an annual report of Its real property acquisition and relocation
STATE ot: FLORIDA DEP~,.MENriOf'TRA~goRTATION
LOCALAG!iflICY PFtOGRAMAGREEMENT!
A,GE7e g~
No
SEP U J (f1fJq
Pg Ii) ,~a.J,JEm'AN
52~\l).4O
T OFFICE
03Ill7
Pa\tll7
assistance activities on the project. Activities shall be reported on ,a federal fiscal year basis, ,fl'9m Dctob!)r 1 through
September 30. The rep<:>rt must be prepared using the format prescribed in 49 C_F.R. PlOrt 24, Af'Pllndix S, and be
submitted to the Department no later than October 15 oleach year. '
6;~OReqtlisitions and Payments; Requests for reimbursementior fees or other compensaijf'h ,f6r services or expenses
1J)"!!'T"'d',Shall be submitted in detail sufficient for a proper 'J:'re-sudlt and post-audit thereof ("ection287.058('1)(a), ,Florida
,StatuteS). " , ,
Allf~iplents of funds from this Agreement, including thos\!,contr.ac:ted by ,the Agency, ,must sul.l?'il bills Wany travel
expenses, when authoriZ,ed by the terms of this Agreement, in accordance with Section 112.061,Flori~a Statutes, and
CMpter 3-"Traver of the Department's Disbursement ODeraUoiIs Manual, 'topic 35(),.03~OO'(Se<;tion 287.058(1 )(b),
Florida Statutes). . , '
If, after project completion, any cl;3jm Is made bt\t1eDepartm,enl resulting from an auditor for WOrk Or serviceS performed
pursllal'l!to this Agreement, the Department may offsetsuch'amf'ttrlt from payments due for work or se~ces done under
anya9~~J)'ent which It has with the Agency owing such ,!mountif, upon demarrd, ,paym,mi ollhe!l!llount is,pot made
withihljl)"daysto the Department. Offsetting any amount pursuant to this paragraph shall not be cO,1'lsldered a breach of
cof\:t\'act by the Department. '
7.00: Department Obllgatiol1s: Subject to other provisions hereof, the Department will honor reques~fof reimQursemerit
to'the Agency In amf'unts and at times deemed by the De~rtment tD be Proper to ensu~the carrying out of the project
anll,payment of the eligible costs. However, notwithstanding amy other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7 .01,~isrepresentation: The Agency shall have made mi~....pre.entatif'n of a material nature in ItsappliCiltion,or any
supplement thereto or amendmelllthereof or in or with re'!PeCl to any document of data: fumlshedtherewith or pursuatlt
hereto; "
1;iI~LIt!gatiol1: There Is then pendil'lQ litigatiOn with respeclto the performance by the Agency of eny of itS duties or
obtiS<l~~ which may jeopardize or adversely affect theproj$ct, the Agreement or payments to the project;
7.~~!APproval by De~rtment: The Agency shall ,have ta,~en any action pertaining to the project Which, \lntler lhis
Ag,~menl. requires the approval of the De~t or hall made related expendnure or lJ)curred related obligations
wi!l1out having beeli advised by the DepartmentCtl1at same are approved;
7.04'Collflict of Interests: There has been any violation of the, conflict of interest provisions contained here in paragraph
12;06 or 12.07.
1.05 Det'll1.Ilt The Agency has been determined by the Department to be in default underanyof theprbvisicms dfthe
Agreement.
7.06c:f.ederal Partioipation: The Department may susptlnd or terminate payment for that portion'of the prQject whiOl\the
FHWA. or the Department acting in lieu of FHW A, may l!esignate as in81igible for federal.aid.
7.07 ,DiSallowed Costs: In determining the ampunt of the payment, the Department wlli exclude ..II projects costS
.incWl'ad by the Agency prior to the effective date of this Agreement or the date of authori4ltion, costs incurred after the
e"J:'lratiQl1 of the Agreement. costs which are not provided for in the iatest approved schedule oUunding in Exhibit "8" for
the project, costs agreed to be borne by the Agency orils contractors and subcontractors for nQt meeting the projeCt
coltJmencement and final invoice time lines, and costs attributable to goods or services received ttnller a contract or other
arrangem<!rits which have not been approved in writing by the Department.
7.08f'inallnvoices: The Agency must submit the final Invoice on the project to the Departmentwithin 120 days after the
~mpletion of Iheproject. Invoices submitted after the 120-lllay time period may not be paid.
8.00 Tennination or Suspension of Project:
8.0.1 Tennin..tlon or Suspension Generally: The Dtlpartment may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
NAGEIliOA nlr~j
0, J<eb~
SE(I.p~~r_E5 OF~
Pg ;;) f '2-' ,:':
STATE Of FLORIDA DEPARTMENT OF l"RANSPORTATIGlN
LOCAL AGENC't;J?ROGRAM'c\\GREElMEN'i'
or been correct~ or the Department may terminate thi~ Agreement In whole or in part at any time the interest of the
Departmentiequires such termination. '
If the Deparfrnent determines that the performance of ,the Agency is no1 ~atisfactory, the Depar1ment shall have the option
of (a) immediately terminating this Agreement or (b) suspending !his Agreement and notifying !he Agency 6f the deficiency
with a' requirement that the deficiency be corr~ted' within a specified ,time; otherwise this Agreement will be terminated at
the end of such time~ Suspension of this Agreement will not affect the time period for completion of the project.
If the. Department .requires termination of this ~greement fcOr reasons other than" unsatisfactory performance of thll
Agency, the Department shall notify the Agency of such termination, with instructions' as to the effective date of
termination' or speCify the stage of work at whicl) this Agreement is terminated. ' . -
STATE OF FLORlDADEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEME
~Gert ~E:~:
SEP i) J ~+GE""~"o",,',~
i' f'g 17... o-f- "2../ ,,:::'~
-........~
- LoWer Tier Covered Transactions: in 49 C,F .R. Part 29, when applicable.
12;0.0 Restrictions, Prohibitions, Controls, and l,."bor Provisions:
12.0' EqualEl'nployment OppOrtunity: In connection...lfl!ith Ihe carrying out Of any proJeel,.. the Agency shall. not
discl'iminateagajnstljny employee or applicant for employment because of race,age,r.eligIClp, color, sel<, national origin,
~islj9!lity or mal'italstalus. The Agency IfI!iIl take affirmalive action to ensure thatappli<ia"lsare employed and thai
emplo~es are treated during employmenllfl!ilhout regard to their race, age, religion, color, gender, national origin.
disatJlIli\' or marital status. Syeh action shalllnctude, but not b;e limited to, the follolfl!ing' employment upgrading, demotion
or transfer: recrultmenl or r'7cruitmenl advertising; l"yC)fl or termination; rates of pay.prolheicforms of compensation; and
slllection for training, including apprenticeship. The'Agency shall insert the foregolngprovis;on modified only to show the
partipullj(contrac:tual r.elationship in all its contracls in connecti(ll1 with Ihe development ofoperatipnOf the pl'Ojec~ except
COl1traSt~ for the standard commercial supplies or raw m"tl'rials, and shall require all such contlilCtors to inSl'rt a similar
pl'Ovision in all subcontracts, except subcontracts for standard comml'rcial suppliespr iBwmalerials. When the project
ir1\lC>!ves installation, conslJ1lction, demolition, removal, site improvement or similar work, the Agency shall post,lr.\
cPI1~'plcu.o\Js places available to employees and applicants for employmenl for projecl work. notiS"ei to be provided by the
Om>~ent seltingforth the provisions of Ihenondiscrimlnation clause. .
12.02 '!itle VI- ClvliRlghtSAct of 1964: The AgenCY IfI!iIl comply with all the requirements imposed by Title VI ofille
CiviliRights Act of 1!l64, the regulations of lhe U:S. Department of Transportation issuedthe.reunder, and the assurance
by the A9.mGY pursuant thereto.'
T~iAgenGY shall inclyde pl'Ovisions in all contr.a.c:lswith third parties Ihat ensure compliance with Title VI of the Civil
Rights Act of 1964, 49C.F.R. Part 21, and related'statutes and regulations.
12.,~'Ameiicanswlth Disabilities Act of 1990 (ADA): The Agency IfI!iIl comply withalllhe requirements as impOSed by
the ADA, the regulations of the Federal government issued thereunder, and assurance ,bY,!heAgency pUl'Suanllhereto. .
12:04.PublicEntityCrime: A person or affiliate who has been placed on th~COnvicted vendor list follolfl!ing a convi.ction
for. apubllc;entitS'.crime may not submll a bid on a contract to provide anY!!loodsor se!'Vices \0 a public entity; may not.
submij a b.id on a contract wilh a public eotitS' for the construction or repair of apubli!'~ildihg or public work; may not
sub",itbids on leases of real property to a pubUcentity; may not be awarded pr. perfomr'wonc as a contractor, supplier,
subcontractor (If consultaritunder a conlr.actlfl!ith any public entity; and may not transael business IfI!ilh any public entily In
excesS of the threshold amount pl'Ovided in Seelion 287.017, Florida StatQtes, for CATEGORY TWO for a period of 36
mon!hsfrol1)the date of bein9 placed on the convicted vendor list.
.'h"
,.."
12.050Iscriminatlon: In accordance IfI!ith Secti.on2871:,l4, Florida Statutes, an Bntityor affiliate who has been plaCed
otlltleDiscriminatory Vendor List. kepi by the Florida Departmenl of Management$e!'Vices, may not submll a bid on a
contract 10 .provide goods 'or services to a publiC entio/. may not submit a bid op acontra9t with a publiC entity for the
conslNclio.nor repair of a pUblic building or publicwofk; 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 nollransae! business with any public entity.
12.06 Suspensio~.Revocati9n, Denial of Qualification or Determination ()fCCintractor Non-Responsibility: An
entity or affiliate who has had its Certificate of QualIfication suspended, revoked; den,iEKi or have further been determined
bylhe Departmenllo be a non-responsible contractor may not submit a bid or perform work.forlhe construction or repair
of aj:fub~icbuilding or pub1icwork on a contract with the Agency.
12.0.7 Prohibited Interests: Neither the Agency nor any cif ils contractors or their'St.lbcontr~ctors shall enler into any
contract, subcontract or a,rangement in connection with the project or any property Included or planned to be included in
Ihe project in which any m!lmber, officer or employee ollhe Agency or the locality durif\gtenure or for 2 years Ihereafter
has any Interest. direct or indirect. If any such pre!;ent or formermember, officer or !l"lPfOyee involunlarily acquires or had
acqiIlred prior to the beginning of tenure any such ihterest, and if such interest is imm$diately disclosed to the Agency, 1M
Ag~r1cy, IfI!ith priOr approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officar or employee shali not participate in any action by the Ag"ncyor the locality relating to such
contract, subcontract or arrangement.
The AgenGY shall insert in all contracts entered info in conn!lction with the projecl '>r any pl'Op!lrtY includ!ld or pianned to
f
STATEOf,Fl()RlOA:DePAR1l.fENT OF ~ORTA~
LOCAL. AGJ:NCY PROGRAM AGREEMENT
SEP 0 'f(...2nnR
Pg t~ or 2J ""'0-40
_______-.Pgnl~1"'T ua~ r:Me OFI"ICE
- ...'00107
Page 10
b." inctudetf in any project, and Shall requireil&eontractofs to ins.ert in eabhoflfieir sUbcontracts,the folloWing p/iO.vislon:
"No member, officer or employee of the, A.gency or of the locality. during. his tenure. .or for 2 years
thereafter shall have any iMterest, dire"tor indir~t, in this cont!iil"t or the proceeds'lhereof,'
ih~provisions of this paragraph shall not be applicable to ally BIlf~ment.\>~lweenthe Age,\'<Y and .its fiScal deposItories
Or to any agreement for utility services the rates:f9r Which are fi~ or cO!1ltolled by a governmental agl'ncy.
12.0~ll'lt.l",.it of ,.,embers of, or D.IllS/al~s 10, Congr.s,,:. No.ml'rllber o.r delegate to the Qongress of the United
S~lesshall be admitted to any share or part of this A.~reem'lntor a~y benefit ,!rising therefrom.
~
13.0'OMlscellaneou$Provl$ions:
13i~1.Ert~lr~"mental Regulations: . The Ag"mcy will. ~e SOI~IY'resllpnsitlle for compliance Wilhall. the appliCl\b1~
environmental regulations. for any liability arlsln~ from inon-compliar;1Ce With theSe tellulations, and Willreimoorse the
Department for any loss inourred in connection thereWith. The Agency "!ill be responsible for securing any applicable
pe'l!l'ts.
~,':;:'::"; " ',' "', ">. <::,:' , " ", ',., ,,'" '","
13,Il~bellartm""tNolObligated IOThird,~les: The Depllrtment shall not beol>lIgated'or.liable \>ereunqefto any
individual orentny not a party to this Agreement.' _' .
13.0~ When Righ~and Reme<iiesNoi Waiver}; , In no event Sh~ltth~'makfn9t>ythe Department of anypayniji,tlt to th~
Agency "onstltute or be construed as. 'a walverii!l!lhe Depa"\Tent or~ny breach of covenant or any detaultWhich IT\ay
then ,eltiston th~part of the Agency and the making of such payme~tby the9~rtment,While any such breach or defatllt
shailexist, shall in no way impair or prejudice any rightor remedy avaHable. 10 'the Department With respect to. such breach
or,ctefault. '.,0ii.. .. .
I ,- :l.~ill4 Ho"""ereementls Affecledby Pro~!!i~E\ Being HeldlnvaJld.: If ",\yi>fov;sion olthls Agreement ISheldirivaiid,
there",;iiinder of this Agreement shalln'!t b'to affected, in suchan Ihstance;ilhe remaind~r would then continue tlfconform
loihe terms and requirements of applicable law.
13.0$ ~!llilfor Commission: By executloRiofthe Agreement, .the AgeoFY represents that.i! has not paid. and,. also
agre~-:nol..io pay, any bonus or commisslOll for the purpose otol>laining..an approval of Its application for the financing
'here~Ckler; ,
13.l)~St"le..Law: Nothing in the Agreement shaUrequire the A,gencyto ob~~J'Ve or enf"rce complian"e With"riy~rovision
0~8"n;prm any aot or do any other thing in contravention of anyapplical>le state .law. It any of the pfovisi?ns of th~
Agreement violate any applicable state law, the Agency will a(on~;notify the Department In writing inordertl\;;lt
appropriate changes and mocliflcations may be made by the Department and the Agency to the end that the Agency.may
; prl><;eed as soon as possl!)le with the project. .
13,IlSPtansandSpecifications: In the event that this AgreemeflUnvp.lvf!S constr~cling and equipping of facilities on the
Statet-lighway System, the Agenoy shallsubm.it 10 the Department f?r appre>:.i'al all appropriate plans and Speci&l:Btions
oovering the projeot. The Department Will r!l~i"W all plans and specificatidns and will issue to the Agency a Writtl;ln
aPProval,wnh any approved portions ot the;project and commen~ or l'e!'Pmmendations oovering any remainder of the
projecL?eemed appropriate. After resolution of these commenls and reCQmmendations to the Department's satisfabtlon,
the Dapartment will issue to the Agency a written apprOval with said remainder oflhe project. Failure to obtain this written
apprpval shall be sufficient cause of nonpayment by the Department.
t(i;O!l Right-ot-Way Certification: Upon completion ot right-of-way .'!Ctivlties on the projeot, the Agency mustOe'rtify
complilince with a,lI applicable federal and state requirements, Certification;s required prior to advertisemeht for or
solioitation of bids for construction of the project, inoluding those projects for Which no right-of-way Is required.
13.10 Agency Certific.lllion: The Agency.WiIl certify in writing, prior to projectoloseouj, that the project was completed in
acoordance with applicable plans and specifications, IS in place on the Ag~cy's facility, adequate titie is In the Agency's .
nam,,; and the project is accepted by the Agency as suitable for the intended purpose;
13.11 Agreement Fonnat: All words used herein in the singular form Shall extend to and include the plural. All words
N~GEN~~ Ig~
S~rJ.~A_,:,J
u pg-b,~-f~~f
us~~nnlhe plural fonmshall extend to and Inc/ype the singular, All words used in any gender shat! extend to.and ihclude
all genders ,
STAn}~frlORlOA DEPARTMENT OF ~NSPORT~TION
LOCAL AGENCY PROGRAM AGREEMENT
13.1~i:l<~cution of Agreement: This Agreement may be simultaneously executlod In a minimum olWvo qtlunterparts;
eac,I1'OI Which so executed shall be deemed to be an original, and such countel'j>afts together sh.all constitute one in the
same Instrument
13.13.,Restrictlonson Lobbying:
Federal: The Agency agrees th~t noftlderallr-approprtated funds.tlave been paid, Or will b'n>aid. bybr on beryalf 01 the
A9e>Pay, to any person for influencing or attempting to Influence any officer or employee olany federal agency. a Member
of Gohgress, an officer or employee 01 Gongress or an employee .of a Member of Gongress in ct>nnectlonwith the
awarding of any federal contract, the making of any federal g,,!,nt.the m~king of any feder~l, loan,tt\e entet;ing into of any
cooperative agreement,and Itle'extension,qtlntinuation, renewal,amendment'or modification of any federal contract,
grant, loan or cooperative agreement
",
If Elnyfunds other than federally-appropriated funds have bElen paid by the Agency to any perSonJor infiuencing or
attempting to Influence an officer or emplo~ of any federal agency, a Member of CQngress,an officer oremwoyee of
Gongressor an employee of a Member of Congress In connection with this Agreement, lhe undetllliJ'le>d shall complete
ancl$ubmit Standarcl Fonm-LLL, "Disclosure Form to Report Lobbying," in aCC<!lrdancewith,lts instnJctions:
The AgePCY shall require thatthe language of this paragraph be included in the awarcl ooourperits fo/all suDa"""rds at all
tiers (inCluding subcontracts, subgrants, and contracts under grants, loans, .and cooperaflve lIlgreemeros) and that all
subrecipients ~hall certify and disclose.l!Ccordingly,
Stilt;" No funds received pUrsll<lnt to this contract may be expended for lobbying the Legislalllre, the judigjal branch or a
state agencY,
13.14'Maintenanc:e: The Allency lilgreesto maintain any project not on the State Highway S)'stemconstrlJlCted under this
Agtlle>ment. If tlte Agency constructs any improvement on Department right.bf-way,the Agency t8I will 0 will not
maintain the improvements made for their usefulllle,
13:1? Vendors Rights: Vendorslin this document identified as the Agency) provldingigoods andliervjces to the
Dep~rtment shoold be aware ofJhe'followingtlme frames. Upon receipt. the Departmenihas 5 ""o11<ing days to inspect
an~)~{:Iprove the goods and services unless the bid specificafi()ns, purchase order or contract ~pecifies otherwise. The
Departmept has 20 days to deliver a request for payment (voucherJto the Departme~fOl FlnanclSl Servi=!, The 20 days
are me~sured from the latter of the dlllte:.the inyoice is received or the goods or services are recelved",ihspected, and
apP<Olled.
If a payment is not availabie within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty In accordance with Section 215.422(a)ib), Florld~Stlllttltes, will be due and
pay~ble in adclltionJo the invoice amount to the Agency. Interest penalties oflessthan 0~$1 win not b"enforced unless
th"Agency requests payment. Invoices which have to be retumed to the Agency becaUse of Agency'prepefatlon errors
wil!.fesult in a delay in the payment. The invoice payment requirements do not start until a pre:>perly q,mpletedlnvoiceis
provided te:> the Department.
A Vendor Ombudsman has been established within the Department of Financial S_ices. The duties 01 this individual
Include acting as an advocate for Agencies who may be experiencing problems In ol>tainingtimely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-41 0-9724 or by calling the State Comptrolle~s Hotline, 1-
80Q-848-3792.
,
STATE OF~I;ORIOA CEPART~NTOF TRAf.!SPORTATION
1.0CAL AGENCY PROGRAM AGREEMENT
PROJ~~
Pg. 1r;:_~2l:.12
-
INi~ITNESS WHEREOF, the pal1ies have caused,lhese presents to be execu!edthe day imdyearifitS! above written.
AGENCY COLLIER COUNTY
By:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Narne:Tom Harming
TIlle: Chailman
Name: DiCk Combs
Title: Director of Transportation Qevelopment
Attest:
ntle: Clerk
As to form: -
As to form:
& legal sufficiency
District AttOlney
Seeatlached EnoumbranceForm forda!a of funding approval by Comptroller.
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STATE OF FLQRHJA DEPAR"rWENTOF TRANSPORTATION
LOCAL AGENCYPRO(;RAM.6.GREEMENT
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EXHIBIT" A"
PROJECT DESCRIPTION ANDRESPONSIBILITIE$
FPN: 414534-1.5&.01
. Thi.s exhil>~ fonns an jnte~ral pl!rtofthe ^9reementl>etween the State of Florida, Oepl!rtment of Trallsport$tion and
Collier Countv, dated
PROJECT LOCATION: Slate ROl!d951 from 1,050 feet north of the Jolly Bridge (Sridge number 0148)10 the south end
of the Mclivane Creek Srioge(BridgenumtJer 0287).
The project 0 is l8! is not on the National Highway System.
The project l8i1is 0 is not on,the State Highway System.
PROJECT DESCRIPTiON: The total landscaped area will be approximat~IY 3.211 acres, Improvements will include.
landscaping and irrigation improvement, meter and electrical connections for ongoing maintenance. The major portion of
thewark is to corll'\ect theexisting,mainlineto the reclaimed water source.
SPECIAL CONSIDERATtONSBY AGENCY:
rheaud~ report(s) requirElli irnhe Agreement shall include a Schedule of PrQ~~As~istancelhat will reflect !he
Oepartment's contract nUll1ber, tIlIll Rnanc;ial Project Number (FPN), the. Federal Au!hotiz<!tion Nami:>er(FAN), where
applicable, !he amount of state fuMIi')9 action (receipt and disbursement of funds), any federal or local funding action, and
the ltindins,action from any othe1"s"lyrce wi!h respect to the project.
No later than at 100% plans submittal, the Age~<:ywlll submit to !he Departll1entthe project Bid Package to iheliJde
Specifications. updated constnlctiW! estimate, draft construc:lion contract, comP1elElli, cqns{ruction ohecklist and the
A9llt"cy's Certification Clear Package. All items must be reviewed, approve9,and a Notice 10 Proceed must be issue<lby
the Department prior to any conslnlction related ac:livities, including PrQject advertisement. Construction related ".otivities
Cl)nducted p~iDr to Notice to Pr~eed will not be reimbursed and may render the El,~tlre prpJect inelIgible lor lederl!,1
Idnding. Tne Certification Clear Package must include the following items completed and signed by the authorized
Agency representative:
1) Rail Clear Letter
2) Permits Clear L-etter
3) Utilities Clear/Coordinated Letter
The.Agenoy shall commence the project's activities subsequent to !he execution of this Agreement and shall perform in
acCordance with the lollowlng schedule:
a) Construction contract to:be let by Januarv31 2009.
b) Construction to be completed by Deceml>9r 31. 2009.
If this schedUle cannot be met, Ihe Agency Will notify the Department in writing prior to Seotember 30 2008 wilh a revised
scheduie or the project is subject to the withdrawal of federal funding,
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STATE OF:flOBiDADEPAR'n.lENt:OF: j~RTATlCiN
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
All worl< to be ronducled outside of the Department Right-of-Way shat! adhere to
. The 2007 Florida Gre/ilflbook standards, as amended
At a minimum follow the LAp Specifications'
At! work to beronducted within the Department Ril1ht-of-Way shall adhere to the following:
1) The FOOT standard specification for road and bridge construction, 2007 edition as amended, and
2) The FOOT roadway and traffic design standard, 2~08 edition as amended and design criteria from the PPM,
2008 edition as amended.
For all projects the following will apply:'
1) Section 287.055, F.S. "Gonsuitants COmpetitive Negotiation Act," when acquiring a cooStlltant utlfizingfederal
funds
2) FDOT "Project Development !ind Environmental Manual'
3) The Local Agency Program Manual
gency will complete and prov,lde the Dl!Partmenf with a Final Inspection and AC<;\lPtance form at the completion of
ect In accordance with the Local Agency Program Manual for Federal Aid Pr<Jiects (Department proCedure:' 525-
. This fonn must be completed and accepted by the Department prior to.payment of the project Final InvoiCe.
. Th"Department shaD reimburse the Agency, sulilJect to funds availability, in the year programmed,whlc;l'l is cU~htly
0810'9 for construction.
AGENDA If~\1"- .
STATE. OF FLORIDA DEPARTMENT, OF TRANSPOR:fATlOfroI
LOCAL AGENCY' PROGRAM AG~EEMENT
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EXHIBIT "8"
SCHEDULE OF.FUIIIDING
AG"f>jCV NAME & BILLING ADDRESS
COIti~County
Boart! of County Commissioners
3301;East Tamlaml T,.n
Nii-Pies, Aorida 34112
FPN:
414534-1-58-01
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PROJECT DESCRIPTION
N,rrie:Landscaoino length: .ADbroximatelv 3.26eaes
TerminI: SR951 from 1050' north of the JolI\lBridDe to the south end of the MclMine Bav Bridci!t
Tris.agreement covers the construction phase cost. Funds for the construction phase are available in fiscal year 08/09.
No construction phase work may commence without issuance of a NOTICE TO PROCEED from theDElpartmeht.
Availability of any funds is sUbjecttotegislative approval.
FUNDING
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TYPE OF WORKS"f'lscal Year TOTAL. AGENCY .' STATE &
PROJECT FUHOS FUNDS FEDERAl-.F'uNDS
Planning 2008-2009
2009-2010
2010-2011
Total Planning Cost
PfQjectDevelopmem & EnvironmBrit (PD&E)
2008-2009
2009-2010
2010-2011
T otaIPD&E Cost ...
Design 2008-2009
. 2009-2010
2010-2011
Total Design Cost
RiQJ1t~f-Way 2008-2009 ..
20Q9..2010
2010-2011
Total Rinht-of.Wa\' Cost
COnstruction 2006-2009 448 1 00.00 448.100.0G
2009-2010
2010-2011
2Gl'-2012
Total Construction Cost 448.100.00 448.100.00
ConStrtiction-Eng.ineering'and Inspection (CEI)
2008-2009
2009-2010
201(}.2011
Total eEl Cost
Total Construction and:CEI Costs
TOTAL COST OF THE PRDJEGT 448,100.00 448.10000
The Department's fiscal year begins on July 1. For this project. funds are not projected to be available until after the
1st of July of each fiscal year. The Department will notify the Agency. in writing. when funds are available.
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STATE OFHORIDADEP'~'T"EN'r OF TIW6PORTATION
LOCAL AGEIlICY.I"ROGRAMAGREEM8NT
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PROJECT MANAGEMENT OFFicE
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Fl>dIlJll/ Res(!UJ'C4lS Awarded to the RflCipi.,n Pursuant to This Agreement Consis!.ofthe.Fq.llowing;
EXHIBIT "1"
SINGLE AUDIT Act
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Federal Agency: Federal HighWay Administration
CFOA #: 20.205 Highway Planning and ConstrudiOn
Amount: $ 448,100.00
CG!"plianC;/lRequirement:
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AlIO,,!"!>le ACtivities: To be eligibi~'rnOSI projectl; must be 109'lledonpublic roads that are n()tfunetlomllJ~daSSifled as
10cai'Thll major eXcepliOl1s aT>> Ihe Highway Bri?ge Replacemenland Rllhabifitation Progi'8m..,Which.~ro"ides JlsSlst~nce
f9rbr1qgeson andofl'the federal-aid hi~hway.;, highway safety a"tivities, bicyc1a and,pedestJi"nprejeCls,lranspottation
e.rihancement acti..,;ties, Ihe rec~~llrails prOgram. ancj planning, rese~rch, developm,ent,and technology transfer.
Proposed projects meeting Ihese and other planning, dB$jgn, environ!'nental, safety,elc.,'requi~enlscan be approved
on the basis,of state and local priorities within the limit.olthe funds'''1'Portioned oralioeatecj.loeach stale.
AUowabllt qoslslE,ligible activllies ancjalJowablE' costs will be delemtined in accordance \'\Illh TltJe 23, and Tille 49
C,FR and Ihe OMBcost principle$."ppliaable to ltie recipienllsub.recipient. '
~11l!ibnltY: ~ylaw, th~ federal-aid high\'\lay pr9gram is ~ federally assisted st,;,tejlrogramtl1al'1'<<!4i;es ~ch st~te'IO have
a;ouilil:lly equipped and org~nlzeq \rahsp",rtatlon department. Therefor'l' most project$ are administered \1~ orthr'6ugh
statIlDepartm<rnl~ of Tr~nsportation (State O('?Ts). Projects!o b<rfunded under Ihe feq.ei'!lH'idhigh",:,,,ypregfam,.are
ge~~I.1y selected by stale OOTs or .Meti'opolilan PlartnlngOrganizations.\MPOs), in cooperation with aPP~riatelocal
offic:i!lls, as specified in 23, U.S;C. arid ilTlpiem~n!ing regl1lalions.Territorlalhi~y proj'lqsare fundllgirtu>e Same
mann.er as olber feder"l,aldhighvvay pr()jects, with ihe lenitoriallr;msportation agency fl1ntillioi'iing.ln. a marm~r$irnilar to a
slal'ihClOT. Most Florida LandHligtiwayPro\1ram (FLHP) Projecls are acjmirnislere9'by the Feder~i.':HighwaY~dmi"i$tration
(F~A) Office of Federal Lands Highw"y and its Divisions o[by Ihe various Florid". Land Man~gement A9Elncies
(FLMA~). Under theFLHP, projects in the Indian.. Reservation Road (l.RR) Program .are $electedpy Tribal Governmenls
an?"re approved by Ihe Bureau of Indian Affairs (BiA) and the FHW A. Duet",recentlegislatjon, Trjllal GovemlTlents
m....~ng certain reqUirements may now admlnjster various IRR projects ",noahalf of the SIA and FHWA. The Fish and
WI19i\f~ ServiCe (FYI/5) and the,Natio"ai Pa1'i< service. (NpS) select projects Inthe Refuge R~ad and Fark.Roadsand
pa~aysprogram~, respectively. For Ihe Fore!llHighway Program, the Fore$! Service, IheSta~s andlhe FHWA joinlly
select projects,
CC!~p1iance Requirements Applicable\(> the Federal Resources Awarded PUrsuant to This Agreemenl Are AS
Fallows: The recipient of Local Agen<;y Program (LAP) fundingmustcornply "",Ih Ihe $Iatuloryrequiremetlts in Sections
112.061,215.422,339.12, and 339_135. Florid"StaIUles, and Tllie23 and Tille 49, C.F.R, .
EXHIBIT "L"
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STATE OF FlORIDAI),E;F'Alff,MENT_OF' TAANSPORT"TION
LOCAL AG.ENCYPROGRAMAGREEMENT
LANDSCAPE MAlNTEN.o,NCe AGReE:MeNT (LMA)
Pat~9rap" 13.14 is expanded by the following:
"
TheOepartrnent ahd the Agency agree as follows:
1. Until such time as the project is removed Irom the project highway pursuantto paragraphs 3 and 501 this LMA,
thi\Agency shall, at all times, maintain the project in a reasonable manner and with due care In accordan"l\ with all
applicable Department guidelines, standards; and procedures hereinafter called 'Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from diseaSe and'harmlul
insects; .
b) Properly mulch plant beds;
c) Keep the premises free 01 weeds;
d) Mow andlor cut the grass to the properlength;
e) Properly prlJne all _plants_'tVhi9h. r~~ponsibilityincludes removinQ d~;3d or diseased parts of plants
andlor pruning such parts thereof which present'a visual hazardJor lhoseusing the roadway; and .
f)Remove or replace dead or diseased pliml$ in their entirety, or remove or replace th<;>se plants that fall
below original Project Standards.
The Agency agrees to repair, remdveor replace at its 0Wf'l expense all dr part of the project that falls below,
pr6j~ct Stand"rds caused by the Age~cy's failure to maintain the same in accordance'with the provisions oUhlS LM.... 'In
Ihe"eyent af\}' p"rt or parts. of the project, includihg plants, .haslo he. removed and replaced lor whalever reason, then 1heY
shaU"be.replaced by parts of Ihe same gracIe,size,and SPe(;/ficalion as provided in the originalpJans for the pl'Oject.
Fur1!1ermore, the Agency agrees to keep litter 'removed fronHhe pl'Ojecl highway.
2; Malnlenance 01 the project shall be subject 10 periodic inspections by the Department. In Ihe event that any of
thl\amrementioned responsibilities are not carried out or are otherwiSe determined by Ihe Department 10 notbe!n
con!ormance with the applicable Project Standards, the Depa~ment, in addition 10 ~s right 01 termination under paragraph
4(~);may~ Its option perform any necessary maintenance without Ihe need 01 any prior notice and charge the posl
,thel'l1ofto Ihe Agency.
3. !tis understood between the parties. hereto Ihat any portion of or the entire project may be removed, .reloca\ed
?rl'llijusted at any time in the future as daterminedlo be necessary by the Department in order that the aqj,;cenl state
ro."cfbe wi(lened, altered or otherwise changed lolneet ",ith the future ciiteria or planning of the Department. The Agency
~haU be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove a/lor part
of the project at Its own cost. The Agency will own Ihat part of the project it removed. After the 60-day removal period,
the Departrnentwill become Ihe owner of the unresolved portion of the project, and the Department then may remove,
relocate or adjust Ihe project as It deems besl, with the Agency being responsible for the cost incurred for the removal of
Iheprdject.
4, This LMA may be terminated under anyone of the following condilions:
a) By the Department, if the Agency faiis to perform its duties under this LMA following 15 days' wrillen
notice; or
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No. ENDA ITE:M
EXHIBIT "L"
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STATf'Oj::'F'i:OR'pAtiE?A~NTOF 'l'RMSPD:Fp'ATlON;
LOCAL AGENCY PROGRAM AGREEMENT
LANDSCAPE MAINTENANcE AGREEMENT (LMA)
b) By either party fdllowingfiO-calendar days'writtennotice,
" . .$.'11'\ the event this LMA is)erH:\fnated in accordar\Ce ""Iih paragraph 4 hereof, the Agency small have 60.day!\aftei
Ih~1~ate upor\ which this .LMA Is'E!ffectively terrninat!l(j to rernov" all ,,[.,part oflhe remaining project 91iits~ cost, '1nd
'E!Xl'lense, ,The Agency will own thst,part .of the projec:t ilfelmoved, After.the 6O'llay removal .period, the Department then
:Hnay:t;;l!(~ any action with Ihe projeCt highway or all or part of the project It deefll$ best, with the Agency being responsible
fotany removal costs incurred.
h. . (lithis LMA embodie~ the enlire agreement and underst~nding ,between the parties hereto, and there are no
otl'ieragreemer\ts or understandings, oral or written, with referenca.'to the subject matter hereof thai are not merged
.,.nerein,shd superseded hereby.
7. This LMA may not be assigned or transferred bytlie ,Agency, in whole or in part, Without CQnSMt olthe
,Oepl!.r1!Jleht
8. This LMA shall be govE!rr\ed by..nd construed in a"""rP~r\cE! wllhtheJaWSof Ihe StatE! ofF'iOrida.
9. Ail notices, demands, ~equestsor other in,strum,E!ri!. ~/lajl q'(:l giVen by depositing thE! same In the u.S, mail,
postage prE!paid, registered or certified with return ~ipt Tjilquested:
a) If 10 the Department, adPresSe<lto:
Michelle S.Peronld
801 NorthSroadwav Avenue
Bartow. Florida 33830
Qr at such other address as the Department may from timeito time,.qesighale by written notice to
Ihe Agency; and
b) If 10 the Agency, addressed to:
Pamela Lulich. RLA. ASLA
2885 Horseshoe Drive Soulh
Naoles. Fiorida 34104
or at such other addiess as,the Agency may from time to time designate by written notice
to the Departmer\t.
,.'" 10. This LMA, if attached ,as an exhibit to the Agreement, forms an integral part of the Agreement between the
palities dated
All time ilmlts proVided hereunder shall run from Ihe dale of receipt of all such notices, demands, requests, and
otherimstruments.