Loading...
Local Agency Program Agreement - Indian Creek Drive (2)sr.: o~,o~m; snit ,r r~~mi.:,: c=r;..k rrarnr c- -w,nsroKrnT'0N aaouuc;,ow sur+'uHT LOCAL AGENCY PROGRAM AGREEMENT ~aoe FPN: 4_26500 _.- Fund: FLAIR Approp: Federal No: _ _- Ory Code: FLAIR Obj FPN: _ __ Fund: FLAIR Approp: Federal No: _ Org Code: FLAIR Obj: - Fund: _ FLAIR Approp: - FPN: _ -- FLAIR Obj: _ Federal No: Ory Code: - - Fund: _ _ FLAIR Approp: - FPN: FLAIR Obj: __ Federal No: Ory Code: _ - County No: Contract No: _ _ _ Vendor No: _, Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEto1ENT, made and entered into this _ day of _ . __- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; an agency of the. State of Florida, hereinafter caller: the Department, and City of Miami Beach hereinafter called the Agency. +A'ITNESSETH: WHEREAS, the Agency has [he authority to enter into this Agreement and to undertake the projec[ hereinafter described, and the Department has been granted the authority to function adequately in all areas o' appropriate jurisdiction including the implementation of ar. integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes; to enter into this Agreement; NON.', THEREFORE. in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's parlicipatior. in the Indian Creek Drive and as further described in Exhibit "A" attached hereto and by this reference made a par; hereof; hereinafter called the "project," and to provide Department financial assisance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the projec) will be undertaken and complelec. 1.01 Attachments: Exhibit(s) 5 are attached and made a Bart hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economicah and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures; guidelines, manuals, standards, and directives as described in the Department's Local Apena' Program Manual, whici~ by this reference is made a part hereof as if fully sal forth herein. Time is of the essence as to each and every obligation [rode: this Agreement. A Ail'. time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with [he terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close ou: of the project. and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal tunas and state funds, i( any state funds are or, the project), Agency will be responsible (or the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHVVA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of fundiny, the Department v/ill consider de-certiiication of said Agency for future LAP projects. $T/SE Or PLVHIJA DFE.\Ri>dcNi Or iHANS?OR-P.tIVG :@5.014 JL LOCAL AGENCY PROGRAM AGREEMENT Fw~nlr-IONSwroNl ..,.,:. r:,rt- r Removal of All Funds If all funds are remover' from the project, including amounts premousq+ billed to the Department and reimbursed to the Agency, and the project is off the state highway system; then the department wiu have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before November 1, 2009, If the Agency does not complete the project within this time period, this Agreement wit expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time penod is requested by the Agency and granted in wntiny by the Department prior to the expiration of this Agreement Expiration of this Agreement will be considered termination of the projeri. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorizatior. is requisite under applicable taw to enable the Hgency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any Such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit io the Department such data, reports, records, contracts, and other Documents relating fo the orojecl as the Departntenl and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is S 365 000. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost o` the project and any deficits involved. The schedule of tundinc may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B " This amount includes federal-aid funds which are limited to the actual amount of federat- aid participation. 3.03 Limits on Departmont Funds: Project costs eligible for Department participation will be allowed only from tfte date of this Agreement. It is understood that Department particioalion in eligible project costs rs subject to: a) Legislative approval of the Deparhnent's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating docurnenls and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under the Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must he received each fiscal year prior Io costs being incurred. See Exhibit "B" for funding levels ny fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurretl prior to funtls approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(x), Florida Statutes, are hereby incorporated: .^,T:\TC Uh PI ORiDA UtYAFT1.tiP1i J- fnANi^Oiilnl pt4 ~~~`O~O ''~ PRODU::I IUN ?IIPFOR? LOCAL AGENCY PROGRAM AGREEMENT o:;<~ Pan- "(a) The department, during any fiscal year, shall no: expend money', incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess or the amounts buogeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Deoartment that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim In all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to•Proceed: No cost may be incurred under this Agreement until the Agency has receiveC a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State lays, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R.; and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereo* Involving such cost (23 C.F.R. 1.9 (a)). It FH1NA 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 shalt notify the Agency in writing citing the reasons why items and amounts are not eligible Tor 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 o~ in total. For any amounts determined to ge ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a protect schedule of funding shall be prepared by the Agency and approved Uy 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 ay mutual written agreement behween the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Aareement shall be maintained and made available upon request to the Department at all times during fhe period of thls Agreement and for 5 years alter the final payment is made. Copies of these documents and records shall be furnished td the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing vrork on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation. claim or audit is started before the expiration of the 5-year period; ttre records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Deparhnent shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the foNowing criteria: S -:SE OF FLV Mil V, fit `hfil IAVrI" Of TR4N'>YUFT:QIOW 52W1:-J:: LOCAL AGENCY PROGRAM AGREEMENT veococi~uNSUV~n~r :xvg ~'3~n S Tile administration of resources awarded by the Department to the Agency may be subject to audits andlor monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducteC in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include; but no: be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, andlor other procedures. By entering info this Agreement, the recipient agrees to comply and cooperate Iully with any monitoring proceduresiprocesses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews. investigations or audits deemed necessary by the FDOT's Office o`: Inspector General (OIG), and the Chief Financial Officer (CFOI or Auditor General. Audits Part I -Federally Funded: Recipients of federal funds (i.e.; state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a sinale or program-specific audit conducted in accordance with the provisions of OMB Circtdar A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, includinc federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted dy the Auditor General in accordance with fhe provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided ir. Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than S500.000 in federal awards in ifs fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, ii the recipient elects to have ar. audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Cataioy of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II -State Funded: Recipients of state funds (i.e., a non-stale entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a tote! amount of slate financal assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Exeartive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining lice state financial assistance expended in its fiscal year, the recipient shall consider all sources o° state financial assistance, intruding state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards ant resources received by a nor.-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1. the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. ;z,,.r io so s ~r.-r or rrna~n•~ otN~Rne~ra cc rm~r~s ~c~T+.r,on arum: non su~roei LOCAL AGENCY PROGRAM AGREEMENT ~,~:~~ F.,~- 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted ir. accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects [o have audit conducted in accordance wihi the provisions of Section 215.97. Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., [he cost of such an audit must be paitl from the recipient's resources obtained from other than State entities). 4. Stale awards are to be identified using the Catalog of Slate Financial Assistance (CSFA} title and number, award number and year, and name of the state agency awarding it. Part III -Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, inrludine, corrective action and current status of the audit findings is required. Curren: year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Departmen;, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other State o(fldia.. Part IV -Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with Ofv16 Circular A-133, as revised, and requiretl by Parl I of this Agreement shall be submitted, when required by Section .32(1 (d), OIv16 Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a} The Department at each o` the following address(es): Florida Department of Transportation, District 6 1000 NVV 111`h Avenue. Room 6247 Miami, FL 33172 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number o` copies required by Sections .320 (d)(1 }and (2), OMB Circular A-133, as revised). a1 the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'~ Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (i), OMB Circular A-133. as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agrecrnen! and conducted in accordance evith OMB Circular A-133, as revised; is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards dirertl to each of the following: Florida Department of Transportation, District 6 ? 000 NW 1111b Avenue, Room 6247 Miami, FL 33172 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financia! reporting package descriUed in Section .320 (c), OMB Circular A-133, as revised, and any Management L etters issued by the auditor: to the Department al each of lire following addresses- STAr[ U~ FI GRDA Ot PAFTr.1CN ~ Oh I+/dJSPDRll4i!OIJ 5%&Vn]-90 LOCAL AGENCY PROGRAM AGREEMENT vrzrou:TroNSOryoroF .j~~,. Florida Department of Transportation, District 6 1000 N1N 111'" Avenue, Room 6247 Miami, FL 33172 3. Copies of the financial reporting package required by Part tl of this Agreement shall be subrnitied by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Deaprtmeni of Transportation, District 6 1000 NW 111`" Avenue, Room 6247 Miami, FL '33172 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Lette- required by Part III of this Agreement shall be submitted by or on beiral' of the recipien: directs to: a) The Department at each of the following address(es): Florida Department of Transportation, District 6 1000 NVt+ 111'" Avenue; Room 6247 Miami, FL 33172 5. Any reports, Management Letters; or other information required to be submittetl to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for- profit organizations). Rules of the Auditor General, should indicate the date that the financial reporting package was delivereC to the recipient in correspondence accompanying the financial reporting package. Part V -Record Retention: The recipient shall retain sufficient records demonstrating its compfance with tho terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow ltte Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available fo the Department, or its designee, the state CFO dr Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorzed agents of FHWA to inspect all work, workmanship, materials. payrolls, and records and fo audit the books, records, and accounts pertaining to fhe financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency o.* any contractor. sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c}, Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way. the Agency must submit to the Department an annual report of its real property acqusition and relocation ..^.Ti. [ OF ~I nPo era 7vPaRTAlek1 G1 TRl...':5I'Uhl aT'Aw 525-OtU-rn VRODVQ;ON SIhP'1Rt LOCAL AGENCY PROGRAM AGREEMENT coy. assistance activities on lice project. Activities shall be reported on a federal fiscal year basis, from October + through September 30. The report must be prepared using the format prescrioed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a}, Florida Statutes). All recipients of funds from this Agreement, including those contractC by the A,yency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.06^„ Florida Statutes, and Chapter 3='Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (SectionL87.068(1)(b), Florida Statutes). If, after project cornpleiior,, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement. the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect fo the performance by the Agency of any of its duties or obligations which mayjeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which. under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been atlvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Aaency has Ueen determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude alt protects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for no: meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may nok he paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Departmen! 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 SIA~F Or rLORIDA UFF'.ARTVLNI JF IRtPIS~ORLAIIU I PROUVCtION snFROR- LOCAL AGENCY PROGRAM AGREEMENT oz::•.: P~n..n or been corrected or tire Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Departrnent determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency it writing with a requirement that the deficiency be corrected within thirty (301 days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such tune period, the Department may either (1) immediately terminate the Agreement as set forth in paraaraph 8.(b} below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action ono not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Departmen: ir. correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at whicn the Agreement is to be terminated. (c) It 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 no: exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cos[ of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plat., and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure o`. the Agency to fumish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shat! not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Departmen,, the Agency shall not execute any contract o• obligate itself in any manner requiring the disbursement of Department funds, including consultant or consirucfion contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying rn full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Departrnent that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: Il 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 it the performance of contracts financed in whole or in par, witn Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply In this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate it the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary anC reasonaole steps in accordance with applicable federal and state laws an6 regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shat; not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the SIFIF OF rLOR10F Uhr'~.F-LICN' Jr IRANiPJRIAi01, 'i+J1;.6p LOCAL AGENCY PROGRAM AGREEMENT FROnucrl°v`suRCi."ve ~a4a Agency agrees that: (a) Each financial assistance agreernent signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, nationa! origin, or sex in the award and perfomrance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notificatior. to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases. refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate" 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and loco! 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 loco! laws and regulations, including the "Certification Regarding Debarment, Suspension; Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,' in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In conr discriminate against any employee or applicant for disability or marital status. The Agency will take emoioyees are treated during employment withoo disability or marital status. Such action shall include or transfer; recruitment or recruitment advertising: l selection for training, including apprenticeship. The particular contractual relationship in all its contracts contracts for the standard commercial supplies or orovisien in all subcontracts, except subcontracts ' involves installation; construction, demolition, ren conspicuous places available to employees and ap Department setting forth the provisions of the Wendt with the carrying out of any project, the Agency shall not Went because of race. age, religion, color, sex, national origin, 3tive action to ensure that applicants are employed and that d to their race, age, religion, color, gender, national origin, rt be limited to, the following: employment upgrading, demotion termination; rates of pay or other forms of compensation; and y shall insert the foregoing provision modified only to show the section with the development of operation of the project, except erials, and shall require al: such contractors to insert a similar Bard commercial supplies or raw materials. When the project ife improvement or similar work, the Agency shall post, in for employment for project work, notices to be provided by the 12.02 Title VI -Civil Rights Act of 1964: The Hgency will comply with alt the reouirements imposed by Title VI of the Civil Rights Acl of 1964, the regulations of the U.S. Department of Transportatior. issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964; 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with alt the requirements as imposed by the ADA. the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. SihTC!~I-F.OWDF.DG°~:dI NAM OC LiaflSP'.l2TATICh PRO]L`~TIUR SV ('ORT LOCAL AGENCY PROGRAM AGREEMENT omos I`s,e u 12.04 Public Entity Crime: A person or affiliate who has been planed on the convicted vendor list foliowing 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 puolic entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor; supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor hst. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or atiiliate who itas been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Gtualification or Determination of Contractor Non-Responsibility: An entity or affiliate vrho has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be anon-responsible contractor may not submit a bid or perform work for the construction or repair o` a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the foliowing provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shah have any interest. direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress o` the United Stales shall be admitted to any share or pars of this Agreement or any benefit arisinc therefrom. 13.00 Miscellaneous Provisions: 13.D1 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsibie for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a oarly fo this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construe[! as a waiver by the Departrnenl of any breach of covenant or any default which may then exist on the oars of the Agency and the making of such payment vy the Department, while any such breach or default shall exist, shall ir. no way impair or prejudice any right or remedy available to the Departrnenl with respect to such breach or default. :2o-0ID-~c ..^:T,VL OF F.fdilth ^.EPhRI IA-M' O` 'H~•NSr'CiiI:.TIQN P400VCTIJN SUPPORT LOCAL AGENCY PROGRAM AGREEMENT H e~I~I+ 13.04 How Agreement Is Affected by Provisions Being Held Invalid: I( any provision o` this Agreement is held invalid, the remaintler of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to [he terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement; the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable slate law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highevay Systertr, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department Lvill review all plans and specifications and will issue to the Agency a written approval with any approved portiors 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 o`. the project. Failure to obtain this written approval shalt be sufficient cause of nonpayment by the Department. The Agency wilt physically include Form FHWA- 1273 in all its contracts and subcontracts. 13.08 Right•of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicabie federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project. including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is ir. place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: Ali wortls usetl herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend fo and include al! genders. 13.11 Execution of Agreement: This Agreement may be simultaneously exearted in a minimum of two counterparts, each of which so executed shall be tleemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Hgency. 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 anyredera: grant. the makinc of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modiiication of any federal contract, orant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or ernployoe of Congress or an employee of a t`4ember 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 al all tiers (including subcontracts, subgrants, and contracts under grants, Loans, and cooperative agreements) and that all suorecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature; the judicial branch or a $ fA'r Or . L`JRiR~. JcPNhT1AE6l U` ~ Rnl:^POR ~ A LOW `A")ta~to YROOUCTOA SVY?GRT LOCAL AGENCY PROGRAM AGREEMENT czve Pdg[ slate agency. 13.13 Maintenance: The Age:icy agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ®will ^ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should he aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment {voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, antl approved. If a payment is no[ available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparafion errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual inclutle acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be. contacted ai 850-413-5516 or by calling the State Comptroller's Hotline, 877-693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHUVA requires reimbursement of the funds; the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations. ;:'hTk O~ Fi QnIDF. DC"hF I IdFNi Jr 1 iFNtiPi: ~Ltt r7N S=yV'0"'~~ LOCAL AGENCY PROGRAM AGREEMENT rzouuaiowsur~Dr:- r~~ u IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By. ~~ By: _ Nam : Jorg M. onzalez Name: TitI~C' y Manager /~ Title: Attest: _ Q~ (~ Attest: _ _. Title: Cl `~-S.l C L~/t-C4-. Title: As to rm: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. APPROVED AS TO FORM & LANGUAGE / F ELUTION ~ Cr ~~ _ rQ( ey az G s ~ nrr or r _GNn n, nr^+rt i rn,=ra- ~r Tn~ns~trr;-n.ncr+ ~:rs oi~.a: LOCAL AGENCY PROGRAM AGREEMENT Paaea nraNnc=racni o=rrc:~ ce,,,.a r,aE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN:426500 ThIS P.Xhibll fOrmS an integral part of the Agreement between the State o`. Florida, Department of Transportation and PROJECT LOCATION: The protect _ is X is not on the National Highway System. The project X is is not on the State Highway System. PROJECT DESCRIPTION: Indian Creek Drive. from Abbori Avenue to 71"~ Street, is classified as an urban arterial roadway located in tfre North Beach neighborhood in ttre City of Miami Beach. This roadway provides a major connection between the North Beach neighborhood to the Middle Beach neighborhood. I: is also 2 regional connection utilized by the coastal communities from the north to access the South Beach neighborhood of Miami Beach and also to access the City of Miami. Construction work will include milling and resurfacing, striping, and pavement markings. 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 io 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-o.-way activities. Tne Agency shat! 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_ b} Design to be completed by c) Right-of-Way requirements identified and provided to the Department by__ _ d) Right-of-Way to be certifieC by _ _ e) Construction contract to be let by Seotembor 2009. f) Construction to be completed by April 2010. If this schedule cannot be met. the Agency will notify the Department in writing vriih a revisetl schedule or the project is subject fo the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: TS-CI2so S VSF UI- rl ARICA :SvFl.R?rdLN I JF TZAIJS'i:RTl.TIUA FRr,ILO i FIANr.GCNtN f OFFICc LOCAL AGENCY PROGRAM AGREEMENT osv; Ydv EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAN1~ & BILLING ADDRESS FPN: City of Miami Beach - Atln: tvlichael Alvarez 42800 1700 Convention Center Drive Iviiam~ Beach, FL 3x'139 PROJECT DESCRIPTION Name: Indlan Creer, Drive._ - Length: 7 7785 feet _. - Termini: Intiian Creek Drive, from Aabolt Avenue l0 7t° Streot, is Gasified as an urban arterial roanway Ioultr,C in inr North Beach neigbborhood in ule City a Miami Beach. FVN:7INC> 111 (-: ,3i TGTHt AG`NCY STATc& TYPE OF WORK By Fiscal Year PROJECT FuNOS FuNUS FED_a:`,.- Furaus Planning 2UOB-2007 -- -- -- -- - - - 200-/-2008 -- - - 2006-2009 - - Tolal Planning Cos: Project Development 8 Environment (PD8E) - 2006 2D07 _. - - 2007-2008 - - - - 2006-2009 - 7olal PD&E Cost Oesign 2006-2007 - "- -- 2007-2008 - - ~- 2008-X09 ~ Tola' Design Cosl Right-of•Way 2006-2007 -- - - - - - - 2007-2006 - - 2C08-2009 -~ - 7o1a1 Zight-ot-Wa • Cosl Construction 2006-2007 - - 20C7-2008 $305 000 - $3ti5 OOC 20D£i-2009 - - _ 200 X2010 -~ - Total Construction Cost Construction Engineering and Inspection (CEl) _ - --. - '2006-2007 __ 2007-2008 _ __ _ - -- -- 2008-2009 Total CEI Cosi $9F5 OOC $365.000 olal Consi ucuon rnd CEI GJSU rnrel nnST OF THE PROJECT S3f>o,000 ~ ~ $3C,o,000 'ihe Department's fiscal year begins on July 1. For tlus project. funds are not projected to be available until after the tsl of July of each fiscal year The Dopartmen: will notify the Agency, in writing, when funds aro available. .^:TA: G OF h IOMOf. DC`A411.1-W f OF TR:.ASPUH'i A' KHJ its{; Itdf. LOCAL AGENCY PROGRAM AGREEMENT rHUUUr.Te~~+.^,uo CO`u ~. ~„ EXHIBIT "S" 2009 AMERICAN RECOVERY AND REINVESTMENT ACT JOB REPORTING FPN: ~3265QU Thks exhibit forms an integral part of the Agreement between the State of Floritla, Department of Transportation and CITY OF f+AIAI~AI l3[ACF' - -- - - DaroC SPECIHL CONSIDERATIONS BY AGENCY: Compliance with the 2009 American Recovery and Reinvestment Act (ARRA): This project is subject io the criteria and conditions of the 2009 ARRA. There will be Federal reporting requirements: such as monthly reports on the number of jobs created and retained by the project for both the Contractor and Subcontractors, which the Contractor will have to satisfy. The exact nature and extent of the reporting requirements are unknown at this time. When the reporting requirements are known, the Contractor will be required to provide the information to the Agency on a Florida Department of Transportation form provided by the Agency. The Agency will withhold the Contractor's progress payments, project acceptance and final payment for failure to comply with the requirements of the 2009 ARRA as outlined above. s'rnr ~ or ci oR ,~~. e_rnr: i rnFw- ~:rr m,~ws~~c:uT:.nar bz:•!nu~ac LOCAL AGENCY PROGRAM AGREEMENT ritoa_a nvr.,..eruraroo&~~ ~, ~.. EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $365,000 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are nut functionally classified as local. Tne major exceptions are the Highway Bridge Replacement and Rehabilitation Proaram; which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational frai!s program, anC planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each stale. Allowable Costs: Eligible activities and allowaale costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipienUsub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most protects are administered by or through Slate Departments of Transportation (State DOTS). Projects to be funded under the federal-aid highway program are generally selected by slate DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects. with the territorial transportation agenq~ functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approveC by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behal` of the BIH and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select protects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. .IHA' iT!-O9S IN 'iHTF O~1.6R16~0;?uY.7Flf O; I4IN3rVrn~lOY" N~:.n~Y \vn'r LOCAL. Ai~ENCY Fi~;(linl}2d'rhAly'UU'i N{1 A!)Pit71DN!'+.1. RIGI'.T OF 11VAY CErn'TIFIi:Lil'i„N ~;:~„ 426500 Ie4ANA81NG DISTRICT. Six (6 ) ITEfvtSEGPr1EN1 NO.: -_-._-- •_.---- -•--- ---- --- --.. - _ STA"IE ROAD. _.~-. ---_ ---. CO!~I S'I. ITE1.4 SEGtv1ENT tJD. ------- -' F A, ~. NCJ.-. - DESCRIVTION'. Iridlari C:C2@~C_ DY1V2 ___.____ ;;O'JNT~~. Miami-Dade ---- -----. __-...._---•-.._- - .- 1.OCAL AGENCY: City Of Miami Beach _-_ PREFERRED 1.=TYING DF,Tf:. -._..--- .----- -.__'-- '--...- . This is to cenih~ that ngld d way kx the ahcve descrhed prq~ect meets the requirements of 4y CFR. Part 24 arni 2J CFR, PaA r;3g.;;Uy, ii applicable, as well tts stalu:ory' and procedural requiremens fur Federal Gonstrudiur. Project ~ State Highway System Prajecs I~ Nan-federal ConsL•uctlon Prgecf ~ NarStale Highway System Froject So.nlc EN1anV3nlent Prayed iM• construction) as dela~l~t beto•.v. (Check applicable items) 1. TISy~'J.Q~.GHT Q~'9-v ® No additional rigttl a' way wzs rocwred for this praject. ~~ No Persons, businesses, nr petsonai property have t,ean or wit! be disVlao:d by this project, 3. fy~f~'~J„ITIO,N C!F II~1PROtrFw' ITS No sttuci!:res a improvements have been o: will Ge removal from the right of way far this project. R!OHT OF 1rb'AY CERTF~J~ION BY THE Al1THiDRIZED LOCAL HGENCY REPRESENTATIVE. -....- -°- Fernando Vaz lle2 ---_ ---- •--~-Dale Name (Prhded - 9------.--.-- rme. y Engineer------ --- -----.~~.--- RIGH'i OF VYAY CERI'!FICATION BY . _ ___ Uistricl Right of 'dJay !.4anayer Pssislard District Rgnt at Way' Manager DaIF rwcrnkn f•/iER ~,