HomeMy Public PortalAbout2016-26 Approving the LAP Agreement with the FDOTRESOLUTION NO. 2016-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE LOCAL AGENCY PROGRAM AGREEMENT WITII
THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT") AND AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Bisca¡me ("Village") desires to enter into the Local Agency
Program Agreement (the "LAP Agreement") with the FDOT to gain federal funding and technical
assistance for the implementation of certain transportation projects; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Approval. The Village Council hereby approves the LAP Agreement, in
substantially the same form as attached hereto as Exhibit "A."
Section 3. Authorization. The Village Manager is hereby authorized to execute the LAP
Agreement, in substantially the same form as attached hereto as Exhibit "4," with the FDOT, subject
to approval by the Village Attorney as to form, content and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 30th of August, 2016.
MA A LIND
A
H. ALVAREZ,MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE A
2
EXHIBIT ''A''
SIATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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FPN Fund FLAIR Approp
FederalNo Org Code:FLA|R Obj:
FPN Fund FLAIR Approp:
Federal No:Org Code:FLA|R Obj
FPN Fund:FLAIR Approp:
Federal No Org Code FLA|R Obj
County No:87 (Miami-Dade)contractNo: 6Ø ¿;Zt/Vendor No: VF 65029181 1-001
FDOT Data Universal Number System (DUNS) No: 80-939-7102 LocalAgency DUNS No: 786369124
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
A t. tIHIS LOCALAGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this Nll¿w ofÜ{øþef ,Wb between the State of Florida, Oepän'ment of TÉansportation, an agency of the State of Ftoi¡Oa
("Department"), and Village of Key Biscape ("Agency").
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement,
the parties agree as follows:
1.Authority: The Agency, by Resolution No 2orfp *L\p dated the 3A- day of 2olþ"
copy of which is attached as Exhibit "F" and made a part of this Agreement, has authorized its to execute this
Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this
Agreement.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in SRTS
Key Biscayne K8, as further described in Exhibit "4", Project Description and Responsibilities attached to and
incorporated in this Agreement ("Project"), to provide Department financial assistance to the Agency, 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 Agency agrees to complete the Project on or before üt.1nthe Agency does not
complete the Project within this tíme period, this Agreement will expire on the last day of the scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the
Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the
Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the
Department.
4. Project Cost:
A. ïhe total cost of the Project is $ 83,735.00. This amount is based upon the schedule of funding in Exhibit
"8", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all
expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding
may be modified by mutual agreement as provided for in paragraph 5.1.
B. The Department agrees to participate ín the Project cost up to the maximum amount of $83,735.00 and
as more fully described in Exhibit "8". This amount includes Federal-aid funds which are limited to the
actual amount of Federal-aid participation.
C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. lt
is understood that Department participation in eligible Project costs is subject to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 525-01040
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LOCAL AGENCY PROGRAM AGREEMENT
¡¡. Availability of funds as stated in subparagraphs 5.L. and 5.M. of this Agreement;
¡¡¡. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority
becomes available.
5. Requisitions and Payments:
A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating
successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables
are described more fully in Exhibit "A".
B. lnvoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit 'A'.
Deliverables must be received and accepted in writing by the Department's Project Manager prior to
payments.
C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
D. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Agency 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 "4" was met.
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. lf the Department determines that the performance of the Agency is unsatisfactory, the
Department shall notify the Agency of the deficiency to be corrected, which correction shall be made
within a time-frame to be specified by the Department. The Agency shall, within five days after notice from
the Department, provide the Department with a corrective actlon plan describing how the Agency will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. lf the correctíve action plan is
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent
to 11o/o of the total invoice amount. The retainage shall be applied to the invoice for the then-current
billing period. The retainage shall be withheld until the Agency resolves the deficiency. lf the deficiency
is subsequently resolved, the Agency may bill the Department for the retained amount during the next
billing period. lf the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the
end of the Agreement's term.
G. Agencies providing goods and services to the Department should be aware of the following time frames.
lnspection and approval of goods or servlces shall take no longer than 20 days from the Department's
receipt of the invoíce. The Department has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
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lf a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Secúíon 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency.
lnterest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment.
lnvoices that have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financíal Services. The duties of
this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
H. Records of costs incurred under the terms of this Agreement shall be maintaíned 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 Agency'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.
l. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency
and approved by the Department. The Agency shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity
with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the
Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon
determination of the agency's contract award amount. lf revised, a copy of the Supplemental Agreement
shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
J. lf, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Agency owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any
amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
K. .The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. lnvoices submitted after the 120-day time period may not be paid.
L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. lf 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 "8" for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligible for reimbursement if incurred prior to funds approval being received. The Department will
notify the Agency, in writing, when funds are available.
M. ln the event thís 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 expendíture 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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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 allcontracts
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: Subject to other provisions of this Agreement, the Department will honor
requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a payment if:
A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
B. There is any pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the
Project;
C. The Agency 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 advised by the Llepartment that same are approved;
D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or
E. The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
ln determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to
the Department's issuance of a Notice to Proceed ('NTP'), costs incurred after the expiration of the Agreement, costs
which are not provided for in the latest approved schedule of funding in Exhibit "8" for the Project, costs agreed to be
borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice
time lines, and costs attributable to goods or services received under a contract or other arrangements which have not
been approved in writing by the Department.
7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The
Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and
directives as described in the Department's Local Aqency Proqram Manual, which by this reference is made a part of this
Agreement. Time is of the essence as to each and every obligation under this Agreement.
A. A full time empfoyee of the Agency, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
¡¡. Maintains familiarity of day to day Project operations, including Project safety issues;
¡¡¡. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Vísits and reviews the Project on a frequency that is commensurate with the magnitude and
complexíty of the Project;
STATÊ OF FLORIDA DEPARTMÊNT OF TRANSPORTATION
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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. ls aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project.
B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department on a quarterly basis, beginning from the day the
NTP is issued. lf the Agency 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 loss of State appropriation authority (which may include the loss of state and federal funds, if there
are state funds programmed to the Project), then the Agency will be solely responsible to provide all
funds necessary to complete the Project and the Department will not be obligated to provide any
additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss
of State appropriation authority. ln addition to the loss of funding for the Project, the Department will also
consider the de-certification of the Agency for future LAP Projects. No cost may be incurred under this
Agreement until after the Agency has received a written NTP from the Department. The Agency 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. lf the Agency is not able to meet the scheduled advertisement, the District LAP
Administrator should be notified as soon as possible.
C. lf all funds are removed from the Project, including amounts previously bílled to the Department and
reimbursed to the Agency, and the Project is off the state highway system, then the Department will have
to request repayment for the previously billed amounts from the Agency. No state funds can be used on
off-system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be
attached to and incorporated in this Agreement in the event state funds are used on the Project.
D. ln the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Agency 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 Agency will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
E. The Agency shall initiate and prosecute to completion all proceedings necessary, íncluding Federal-aid
requirements, to enable the Agency to provide the necessary funds for completion of the Project.
F. The Agency 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 Agency shall use the
Department's LocalAgency Program lnformation Tool and applicable information systems as required.
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 of any cost incurred prior to authorization by FHWA to the Department to proceed with
the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). lf FHWA or the Department determines
that any amount claimed is not eligible, federal participation may be approved in the amount determined
to be adequately supported and the Department shall notify the Agency in writing citing the reasons why
items and amounts are not eligible for federal participation. Where correctable non-compliance with
provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is
obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in
parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal
reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse
the Department for all such amounts within 90 days of written notice.
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
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H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be
prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the
Department no later than October 15 of each year.
8. Audit Reports: The administration of resources awarded through the Department to the Agency by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or
limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official.
The Agency shall comply with all audit and audit reporting requirements as specified below.
A. ln addition to reviews of audíts conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may
include but not be limited to on-site visits by Department statf and/or other procedures including,
reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to
federal awards provided through the Department by this Agreement. By entering into this Agreement, the
Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial
Officer (CFO) or State of Florída Auditor General.
B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2Q14, as a subrecipíent of a federal award awarded by the
Department through this Agreement is subject to the following requirements:
i. ln the event the Agency expends a total amount of federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the Agency must have a federal single or program-
specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-
133, for fiscal years begínning before December 26,2014, and in accordance with the provisions
of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014. Exhibit "1'n, Federal Financial Assistance (Single Audit Act) to this
Agreement provides the required federal award identification information needed by the Agency
to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before
December 26,2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements,
for fiscal years beginning on or after December 26, 2014. ln determining federal awards
expended in a fiscal year, the Agency must consider all sources of federal awards based on when
the activity related to the federal award occurs, including the federal award provided through the
Department by this Agreement. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginníng on or after December 26, 2014. An audit conducted by
the State of Florida Auditor General in accordance with the provisíons of OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
i¡. ln connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26,2014.
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LOCAL AGENCY PROGRAM AGREEMENIT
¡¡i. ln the eventthe Agency expends less than the threshold established by OMB CircularA-'133, for
fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F
- Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal
awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the
Agency must provide a single audit exemption statement to the Department at
LDOlSjnqleAudit@dot.state.fl.Us no later than nine months after the end of the Agency's audit
period for each applicable audit year. ln the event the Agency expends less than the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26,2014, and
established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26,2014, in federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements,
forfiscal years beginning on orafter December 26,2014, the costof the audit must be paid from
non-federal resources (r.e., the cost of such an audit must be paid from the Agency's resources
obtained from other than federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facwqb/ the audit reporting package as required by OMB Circular A-
133, for fiscal years beginning before December 26,2014, and as required by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,2014, within
the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period. The FAC is the repository of record for audits required by OMB Circular A-
133, for fiscal years beginning before December 26,2014, and for audits required by 2 CFR Part
200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,2014,
and this Agreement. However, the Department requires a copy of the audit reporting package
also be submitted to FDOTSingl.eAudit@dot.state.fl.Vs within the earlier of 30 calendar days after
receipt of the auditor's reporl(s) or nine months after the end of the audit period as required by
OMB Circular A-133, for fiscal years beginning before December 26,2014, and as required by 2
CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginníng on or after December
26,2014.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the
Agency's audit reporting package, including corrective action plans and management letters, to
the extent necessary to determine whether timeiy and appropriate action on all deficiencies has
been taken pertaining to the federal award provided through the Department by this Agreement. lf
the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal
years beginning before December 26,2014, and in accordance with 2 CFR Part 200, Subpart F -
Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department
may impose additional conditions to remedy noncompliance. lf 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 wíthhold cash payments pending correction of the deficiency by the Agency
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. lnitiate 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 Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to Agency's records including
STATE OF FLORIDA DEPARTMENT OF ÍRANSPORTATION 525-010-40
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LOCAL AGENCY PROGRAM AGREEMENT
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.
vii. 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 i nqleAu djt@d.ot, state. fl. us
C. The Agency 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 Agency
shall ensure that the audit working papers are made available to the Department, or its designee, the
CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit
report is issued unless extended in writing by the Department.
9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or
all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension
has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest
of the Department requires such termination.
A. lf the Department determines that the performance of the Agency is not satisfactory, the Department shall
notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within
thlrty (30) days of such notice. Such notice shall provide reasonable specíficity to the Agency of the
deficiency that requires correction. lf the deficiency is not corrected within such time period, the
Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.8. below, or
(2) take whatever action is deemed appropriate by the Ðepartment to correct the deficiency. ln the event
the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the
Department in correcting the deficiency.
B. lf the Department terminates the Agreement, the Department shall notify the Agency of such termination
in writing, with instructions to the effective date of termination or specify the stage of work at which the
Agreement is to be terminated.
C. lf the Agreement is terminated before the Project is completed, the Agency shall be paid only for the
percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment,
however, shall not exceed the equivalent percentage of the contract price. All work in progress on
Department right-of-way will become the property of the Department and will be turned over promptly by
the Agency.
D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any
contractor, sub-contractor or materials vendor to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in
conjunction with this Agreement unless the records are exempt.
E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall
proceed promptly to carry out the actions required in such notice, which may include any or all of the
following: (a) necessary action to terminate or suspend, as the case may be, Project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the
basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and
contracts and other undertakings the cost of which are othen¡vise includable as Project costs. The
termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as' approved by the Department or upon the basis of terms and conditions imposed by the Department upon
STATE OF FLORIDA DEPARTMÊNT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
oGc- 08/1 5
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the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The
closing out of federal financial participation in the Project shall not constitute a waiver of any claim which
the Department may otherwise have arising out of this Agreement.
10. Contracts of the Agency:
A. Except as othen¡vise authorized in writing by the Department, the Agency shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
constrùction 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
quaiifiðations oi any consultant or contractor and to approve or disapprove the employment of such
consultant or contractor.
B. lt is understood and agreed by the parties to this Agreement that participation by the Department in a
project with the Agency, where said project involves a consultant contract for engineering, architecture or
surveying serviceè, is contingent on the Agency's complying in full with provisions of Section 287.055,
Florida S-tatutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. Atthe discretion of the Department, the Agency will involve the Department in the consultant
selection process for all projects funded under this Agreement. ln all cases, the Agency 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 Agency shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Agency shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit.C", FHWA 1273 attached to and incorporated in this Agreement.
The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work
on the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: lt is the policy of the Department that
DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. ln this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
afplicable federal anð state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Gonditions and Laws: The Agency shall comply and require its contractors and
subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and
regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in
compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by
applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension,
tneligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200
when applicable.
13. Performance Evaluations: Agencies 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
Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency 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
Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvemenVoversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Agency developed the
STATE OF FLORIDA DEPARTMENT OF ÍRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
oGc- 0E/1 5
Page l0 of 15
Project in accordance with applicable federal and state regulations, standards and procedures, with
minimal District involvemenVoversight. A rating of Above Satisfactory Performance means the Agency
developed the Project in accordance with applicable federal and state regulations, standards and
procedures, without District involvemenVoversight.
B. The District will determine which functions can be further delegated to Agencies that continuously earn
Satisfactory and Above Satisfactory eval uations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of thís Agreement, the
Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the
following provisions:
A. The Agency will comply with all the requirements imposed by Title Vl of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Title Vl Assurances in all
contracts with consultants and contractors performing work on the Project that ensure compliance with
TitleVl of theCivilRightsActof 1964,49 C.F.R. Parl2l,andrelatedstatutesandregulations.
B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and assurance by the Agency pursuant thereto.
C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may
not submit a bid on a contract with a public entíty for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
D. ln accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with
any public entity.
E. An entity or affiliate who has had its Certífícate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non-responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the
Agency.
F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Agency or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. lf any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such
interest, and if such interest is immediately disclosed to the Agency, the Agency, wíth prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present
member, otficer or employee shall not participate in any action by the Agency or the locality relating to
such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connectíon with the Project or any property included or planned to be íncluded in any Project, and shall
require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
STATE OF FLORIDA OEPARTMÊNT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROGRAM MANAGEMENT
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Page 1l of 15
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its
fiscal depositories or to any agrèement for utility services the rates for which are fixed or controlled by a
governmental agency.
G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
15. lndemnificationandlnsurance:
A. lt 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
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
cláims-against the Agency or any subcontractor, in connection with this Agreement. Additionally, the
Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the contractor and persons employed or utilized by the contractor in the performance of this
Contract."
This indemnification shall survíve the terminatíon of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity.
To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the consultant and persons employed or utilized by the consultant in the performance of this
Contract.
Thís indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liabilíty insurance with combined bodily injury limits of at least
$2OO,OO0 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
Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation
lnsurance as required by the State of Florida under the Workers' Compensation Law. With respect to any
general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by
companies licensed to do business in the State of Florida. The Agency shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the Department to
be an additional insured prior to commencing any work under this Agreement. Policies that include Self
lnsured Retention will not be accepted. The certificates and policies shall provide that in the event of any
material change in or cancellation of the policies reflecting the required coverage, thirty days advance
notice shall be given to the Department or as provided in accordance with Florida law.
B
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010{0
PROGRAM MANAGEMENT
occ- 08/1 5
Page 12 of 15
16.Miscellaneous Provisions:
A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits. TheAgency shall include in allcontracts and subcontracts foramounts in excess of $150,000, a
provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the
Ctean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
u.s.c. 1251-1387).
B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
C. ln no event shall the making by the Department of any payment to the Agency constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Agency and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default.
D. lf any provision of this Agreement is held invalid, the remaínder of this Agreement shall not be affected.
ln such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. lf any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the
Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as possible with the
Project.
G. ln the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit
to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the
Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency a written approval with said remainder
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.
H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required.
l. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Agency's facilíty, adequate title is in the
Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose.
J. The Agency agrees that no federally-appropriated funds have been paid, or will be paíd by or on behalf of
the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52541040
PROGRAM MANAGEMENT
occ- 08/1s
Page l3 of l5
continuation, renewal, amendment or mod¡fication of any federal contract, grant, loan or cooperative
agreement. lf any funds other than federally-appropriated funds have been paid by the Agency to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this
paragraph be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and dísclose accordingly. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency.
K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and lnspection
services on the Project.
L. The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. lflhe Agency construcis any improvement on Department right-oÈway, the Agency n will
n will not maintain the ímprovements made for their useful life.
M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. lf at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidelines,
procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the
funds, the Agency will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
N. TheAgency:
i. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Agency during the term of the contract; and
¡¡. shall 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. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of whích shall constitute the same Agreement. A facsimile or electroníc transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party.
P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate ín all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
O. lf the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991,
Florida Statutes.
R. Exhibits
i. Exhibit "A", Project Description and Responsibílities, is attached and incorporated into this
Agreement.
ii. Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement.
iii. n lf this Project includes Phase 58 (construction) activities, then Exhibit 'C', FHWA FORM 1273,
is attached and incorporated into this Agreement.
STATE OF FLORIOA DEPARTMENT OF TRANSPORTAÍION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
oGc- 08/1s
Pâge 14 of l5
iv. n nn Alternative Pay Method is used on this Project. lf an alternative Pay Method is used on this
Project, then Exhibit 'D', Alternative Pay Method, is attached and incorporated into this
Agreement.
v. Exhibit "E", Title Vl Assurances is attached and incorporated into this Agreement.
vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and
incorporated into this Agreement.
vii. n State Funds are used on this Project. lf State Funds are used on this Project, then Exhibit "G",
State Funds Addendum, is attached and incorporated into this Agreement.
viii. I fnis Project is located off the State Highway System and includes funding for landscaping. lf
this Project is located off the State Highway System and includes funding for landscaping, then
Exhibit "L"is attached and incorporated into this Agreement.
ix. f] fn¡s Project utilízes Advance Project Reimbursement. lf this Project utilizes Advance Project
Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement.
x. I fnis Project includes funding for a roadway lighting system. lf the Project includes funding for
roadway lighting system, Exhibit "RL" is attached and incorporated into this Agreement.
xi. n fn¡s Project íncludes funding for traffic signals and/or traffic signal systems. lf this Project
includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and
incorporated into this Agreement.
xii. Exhibit "l", Federal FinancialAssistance (Single Audit Act) is attached and íncorporated into this
Agreement.
xiii. n State Funds are used on this Project. lf State Funds are used on this Project, then Exhibit "2",
State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this
Agreement.
The remainder of this page intentionally left blank.
STÂTE OF FLOR¡DA ÐEPÀR:I|IENT OF Tiâ¡¡SPOÊÎANON
LOCAL AGENCV PROGRAM AGREEMENT PROCRAttt
5¿ñr0.4{¡
ùIAH€EMENf
06c-08¡15
Poßo 'lü ol 1t
lN WITNES$ WHEREOF, the parties have executed this Agreement on ând year witt€n above.
AGENCY VÍllage of Key Biscayne STATE OF OF TRANSPORTATION
By:By:
flarold A. Desdr¡nes, P.E.
g¡ôllig oinotor of Transportaüon Dovtbgnrnl
Ioe bp\ Cte,þ
LegalReview:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEIUIENT
525-01040
PROGRAM MANAGEMENT
occ - 08/15
Paga 1 of 1
EXHIBIT "A''
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN:438162-1
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
Villaoe of Key B ne
PROJECT LOCATION:
n fne project is on the National Highway System.
n fne project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS:
PROJECT DESCRIPTION: The design firm is to provide all required project management and professional engineering
services required for the design and preparation of a complete set of construction plans, project specifications and all
required Florida Department of Transportation (FDOT) Local Agency Program (LAP) documentation for the
implementation of the Key Biscayne K-8 Center Safe Routes To School improvements as detailed in the Key Biscayne K-
8 Center Safe Routes To School Report, dated January 2015.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency 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 Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by the Village of Key Biscayne consultant by October 2017.
b) Design to be completed by the Village of Key Biscayne consultant by December 2017.
c) Right-oÊWay requirements identified and provided to the Department by the Village of Key Biscayne consultant
by December 2417.
d) Right-of-Way to be certified by the Village of Key Biscayne by December 2017.
e) Construction contract to be let by
f) Construction to be completed by
lf this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSI DERATIONS BY DEPARTMENT:
STATE OF FLORIDA DEPARTMENf OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "B''
SCHEDULE OF FUNDING
525-010-408
PROGRAM MANGEMENT
occ - 08/15
Page'1 of 1
AGENCY NAME & BILLING ADDRESS Village of Key Biscayne
88 W. Mclntyre Street, suite 230
Key Biscayne, Florida 33149
FPN: 438162-1
TYPE OF WORK Bv FiscalYear
FUNDING
(1)
TOTAL
PROJECT FUNDS
(2)
I OCAL Ft'NDS
(3)
STATE FUNDS
(4)
FEDERAL FUNDS
Planning-18 FY:
FY:
FY:
Total Planning Cost
¡roject Development & Environment (PD&E) - 28
FY:
FY:
FY:
Total PD&E Cost
FY: 2016-2017
FY:
FY:
Design - 38 $83.735.00 s83.735.00
Total Design Cost $83,735.00 $83,735.00
Right-of-Way - 48 FY:
FY:
FY:
Total Riqht-of-Wav Cost
Sonstruction-58 FY:
FY:
FY:
FY:
Total Construction Cost
Engineering and lnspection (CEl) - 68
FY:
FY:
FY:
Total CEI Cost
3perations - 88
FY:
FY:
FY:
Total Operations Costs
TOTAL COST OF THE PROJECT $83,735.00 $83,735,00
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 notiff the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40E
ROGRAM MANAGEMENT
occ- 08/15
Pagê 1 of 2
Exhibit "E"
T¡TLE VIASSURANCES
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:
(1.) Comptiance 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 27, as they may be
amended from time to time, (hereinafter referred to as the REGULATIOIVS), which are herein
incorporated by reference and made a part of this contract.
(2.1 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 Secfion 21.5 of the
REGULATTOÂJS, 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 ln 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 REGULATIOI\IS relative to nondiscrimination on the basis of race, color,
national origin, or sex.
(4.) lnformation and Reports: The contractor shall provide all information and reports required by
the REGIJLAITOTVS 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
Ftorida Depaftment of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or lhe Federal Highway Administration, Federal Transit Administration,
Federat 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: ln 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, Federal Transit Administration,
Federal Aviation Administration, or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
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Pagø2o12
LOCAL AGENCY PROGRAM AGREENíENT
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not
limited to:
withholding of payments to the contractor under the contract until the contractor
complies, and/or
cancellation, termination or suspension of the contract, in whole or in part.
(6.) lncorporation of Provisions: The contractor shall ínclude the provisions of paragraphs (1) through (7)
in every sub-contract, including procurements of materials and leases of equipment, unless exempt by
lhe REGULAITO,VS, or directives issued pursuant thereto. The contractor shall take such action with
respect to any sub-contract or procurement as lhe Florida Depañment of Transpoñation 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 Floida Depaftment of Transportafion to enter into such litigation to protect
the interests of the Florída Depañment of Transpoftation, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title Vl of the Civil Rights Act of 1964
(42 U.S.C. S 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. S 4601), (prohibits unfairtreatment of persons displaced orwhose property has
been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of
1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibits discrimination on the basis
of disability); and 49 CFR Part 27;The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101
et seq.), (prohibits discrimination on the basis of age); Airport and Airway lmprovement Act of 1982, (49
USC S 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 Vl 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 ll and lll of the
Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation
of public entities, public and pr¡vate transportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. SS 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. S 47123) (prohibits discrimination on the basis of race, color, national origin, and
sex); Executive Order 12898, FederalActions to Address EnvironmentalJustice in Minority Populations
and Low-lncome 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, lmproving
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 Vl, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 lo 74100); Title lX of the Education
Amendments of 1972, as amended, which prohibits you from discriminating because of sex ín education
programs or activities (20 U.S.C. 1681 et seq).
a
b
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAII/I AGREEMENT
EXHIBIT "F''
525{10-4oF
PROGRAM MANAGEMENT
oGc - 08/15
Pags I of I
AGENCY RESOLUTION
The agency Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
RESOLUTION NO. 2016.26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE LOCAL AGENCY PROGRAM AGREEMENT WITH
TIIE FLORIDA DEPARTMENT OF TRANSPORTATION
(*FDOT") AND AUTIIORIZING THE VILLAGE MANAGER
TO EXECUTE TIIE SAME ON BEHALF OF THE VILLAGE;
AIID PROVIDING FOR AN EFFECTIVE DATE.
WIIEREAS, the Village of Key Biscayne ("Village") desires to enter into the Local Agency
Program Agreement (the "LAP Agreernent") with the FDOT to gain federal funding and technical
assistance for the implementation of certain transportation projects; and
\ryHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, TIIEREFORE, BE IT RESOLVED BY TIIE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Approval. The Village Council hereby approves the LAP Agreement, in
substantially the same form as attached hereto as Exhibit "A."
Section 3. Authorization. The Village Manager is hereby authorized to execute the LAP
Agreement, in substantially the same form as attached hereto as Exhibit "4," with the FDOT, subject
to approval by the Village Attorney as to form, content and legal sufficiency
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 30th of August, 2016.
MA A
ì:r
A H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTO
2
STATE OF FLORIDA DEPARTMENT OF TRANSPOR'|ATION
LOCAL AGENCY PROGRAM AGREE|ì'I ENIT
EXhIIBIT 1
FEDERAL F¡NANCTAI- ASSISTANCE (SlNGl-E A{.,!DlT ACT}
FEDERAL RESOLIRCES AWARDED PURSI.,IANT TO THIS AGREEMENT ARE AS FO¡.LOWS
525-01040
PROGRAM IV1ANAGEMENT
't t15
Page 1 of 1
CFDA No.:
CFDA Title:
CFDA Program Site:
Award Amount:
Awarding Agency:
Award is for R&D:
lndirect Cost Rate:
20.205
Highway Planning and Construct¡on
Federal-Aid Highway Program, Federal Lands Highway Program
https ://www.cfda.qov/
$g3,zgs.oo
Florida Department of Transportation
No
N/A
FEDERA!- RESOURCES AWARDED TO THE REC¡PIENT PURSUANT TO THIS AGREEMENT CONSIST OF TI.IE
FOLLOWING:
2 CFR Part.200 - Uniform Admínistrative Requirements, Cost Principles & Audit Requirements for Federal Awards
http ://vvwlv. ecf r. g ov/
OMB Circular A-133, Audits of Sfafes, Local Governments and Non-Profit Organizations
http://w .ww.whitehouse.gov/sites/defaulVfiles/omb/assets/a133/a133 revised 2007.pdf
OMB Circular A-133 Compliance Supplement 2014
http://www.whitehouse.gov/omb/circulars/a133 compliance supplement 2014
FEDERAL RESOI.JRCES AWARÐED PIjRSUANT TO TI-IIS AGREEMENT MAY ALSO BE SI,JB.JECT TO TI.IE
FOI-LOWING:
OMB Circular A-87 (Revised), Cost Principles for State, Local and lndian Tribd Governments
http://wvwv.wh itehouse. qov/omb/circu lars a087 2004/
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
http://www,wh itehouse. qov/om b/circulars a I 02l
Title 23 - Highways, United States Code
http://uscode. house. qov/browse/prelim @title23&edition=prelim
Title 49 - Transportation, United States Code
http://uscode. house. qov/browse/prelim @title49&edition=prelim
Map-21- Moving Ahead for Progress in the 21stCentury, Public Law 112-141
http:/iwww.gpo.qov/fdsvs/pkg/PLAW-1 12publ141lpdflPLAW-'1 12publ141 . pdf
Federal Highway Administration - Florida Division
http. i/www. fhwa. d ot. gov/fld ivl
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
https :/Á¡n¡nv. fsrs. gov/