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Local Agency Program Agreement - Indian Creek Drive~ oo~s-a y°~ sr~,*c c- vi r,zio.-. urw,anrrr or ranNSro~:':aeon oaau,<~ aace;,cn~n su~rtxa LOCAL AGENCY PROGRAM AGREEMENT o,:oe rare ~ FPN: 426500 - I Fund: _ FLAIR Approp: __. Federal No: A - 2 Org Code: 550 pip TZ FLAIR Obj: 5 022 Fund: FLAIR Approp: __ FPN: _ - Federa; No: _ Org Code:. FLAIR Obi: - FPN: Fund: _ FLAIR Approp: _ Federal No: Org Code: _ FLAIR O~j: __ - FunC: FLAIR Approp: _. FPN: _ Federal No: Ory Code: _ FLAIR Obj: County No _. Contract No: ~3 _ _ Venaor No: ~s~3720G5 ^ Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Plan1ning and Construction THIS AGREEMENT, made and entered into this _~ day of i+l~ _ _~_ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an age, cy of the Slate of Florida, hereinafter called the Deparfrnent, and Cit4' Of Ivliami Beach hereinafter called the Agency. V'IITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake hre project hereinafter described, and the Deparhnent has been granted the authority to function adequately in all areas of appropnale jurisdiction including the implementation o' an inteyrateC and balanced transportation system and is authorized under Section 339.72, Florida Statutes, to enter into this Aoreement; NOV6', THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Indian Creek Drive and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project,' and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance veill be provided and lire understandings as to the manner in vrhich the project will be undertaken and completed. ybl~,S~X 1.01 Attachments: Exhibit(s) 5 ar@ attached and matle a Dart hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner; and in accordance with the provisions herein, and all applicable laws. The project evil be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as describes in the Department's Local Aoency Program Manua:, which by this reference is made a part hereof as ii fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of lice Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency veatves the right to contest such removal of funds by the Department, it said removal is directly related to Federal (FHIh'A) withdrawal of funds or loss of State appropriation authority due to Local Agency s failure or nonperformance, In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP prOleC.tS. s i = rc or rroau:~ ~LCili i v ew i :r~ ranw;?~a-nTiaa =:-o, c-.r LOCAL AGENCY PROGRAM AGREEMENT ~aoonrl»rasuocoar o_mn c.,o, r Removal of All Funds If all funds are removed from the project; including amounts previously billed to the Department and reimbursed to the Agency, and the project is oY the state highway system, then the department will have to request repayment for the previously blued amounts from the Lo: aI Agency. No stale funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before J 3 j ~~ ~,12 If the Agency does not complete the project within this time period, this Agreement will exoire on the Iasi 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 perforrned after the expiratioc date of this Agreement will not be reimbursed by the Departmen±. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate. as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shalt initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records. contracts, and other documents relating to the project as the Department and fhe 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 tfte schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provideC for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department Daricipation will be allowed only from the date of this Agreement It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to he committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the lime appropriation aulhorih~ Uecomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay antler this Agreement is contingent upon an annual appropriation by the Legislature. It [he Deparimen!'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. Sec Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency. in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 333.535(6)(a), Florida Statutes, are Hereby incorporated: STnTr_ O~~ F .ONIUR DFP:~4TAIQUt OF i Nw1.5FORL\' IpN --='!'"O'ar' LOCAL AGENCY PROGRAM AGREEMENT rN°""rn°"s°omm o2:.a NJn•".1 "(aj The departrent, during any fiscal year, shall not expend money: incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such conL•acl. The department shall require a statement from the cornplroller of the Department that funds are available prior to entering into any such contrail or other binding commitment of funds. Nothing herein contained shall prevent the making of rontracls 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 Ue paid for in succeeding fiscal years, and this paragrapr~ shall Ue incorporated verbatin: in all contracts of the Department which are for an amount in excess of SL5,000 and which have a term for a period of more than ". year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Nolice- lo-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cos; which is not incurred in conformity mrith applicable Federal and State laws, the reeulations in 23 Code of Federal Regulations (GF.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 cos'. incurred prior to authorization by the FHV1,'A to the Department to proceed with the project or par; thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shat! notify the Agency in writing citing the reasons why items and amounts are. not eligible for federal participation. Where correctable non-corpliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-complance is not correctable, FH1NA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to pe 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 o` this Agreement, a project schedule of funding shall be prepared Uy 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 tlisUursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreemen: and is approved by the Department's Comptroller. 5.00 Recortls: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and matle available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is matle. Copies of these documents and records shall Ue 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 fhe Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by Uie Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, lne 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 protect 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 m'hich have not received the required approval of the Deparunent 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 stale funds are to have audits done annually usine the following criteria :TATC UI ' _GFII Ik DFONRTI.ICNT JF I H445N)RL\Tlpq S[u-Il'OAtI LOCAL AGENCY PROGRAM AGREEMENT veonu^rlor,araror:- ozm:: PaN- ., The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In aodition to reviews of audits conducted in accordance with OWIB Circular A-133 and Section 215.97, Florida Statutes; as revised (see "Audits" below), monitoring procedures may intrude, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, andior other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate. fully with any monitoring procedures/processes deemed appropriate by the Department. In the even: the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to wmply 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 (CFO) or Auditor General. Audits Part I -Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipiestt expends $500.000 or more in federal awards in its fiscal year; the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-' 33, as revised. Exhibit "1" of this Agreement indicates federal resources awarded tltrouglt the Department by this Agreement. In determining the federal awards expended in its fiscal year, ttte recipient shall consider all sources of federal awards, including federal resources received from the Department. The delerminaiion of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133. as revised, wit! meet the requirements of [his part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements re~ative to autlitee responsibilities as provided in Subpart C of Otv18 Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions o` OMB Circular A-133, as revised, iS not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources {i.e., the cost of such an audit must be paid from reci:tient resources obtained from other than (ederal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II -State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(L'} (I), Florida Statutes) are to have audits done annually using ttre following criteria: 1. In the event that the recipient expends a total amount of slate financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities] or 10.G50 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the reapient shall consider all sources of state financial assistance, including stale financial assistance rereived from the Department, other stale agencies, and other non-state entities. Stale financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with fire audit requirements addressed it Part II, paragraph 1, the recipient shall ensure that the audiE complies with the requirements of Section 215.97(7), Florida Statutes. This inGudes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.SSG (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the AutGlor General. aA-t C= FLOi 0.>. Gcl'AN rdFN I U~ i h:.N3VOF : r I U ~', bl:.-J 1:~=:: LOCAL AGENCY PROGRAM AGREEMENT rr<oooc->or~ uvv~~- s.oe ~.~~ ~: 3. If the recipient expends less than $500.000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i e., the cost of such an audit must be paid from the recipient's resources obtained from other than State enbties), 4 State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it, Part III -Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings, Preparation of a Summary Schedule of Prior Year Audit Findings. including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings, Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other slate official. Part IV -Report Submission: 1 Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133; as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d); OMB Circular A- 133. as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation, 1000 NW 111 Avenue, Room 6202-B Miami. FL 33172 Attn: Michelle L. Meaux b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d}(1 }and (2). OMB Circular A-133. as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10ih Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e} and ((); OMB Circular A-133, as revised 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133. as revised. is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation, 1000 NW 111 Avenue, Room 6202-B Miami. FL 33172 Attrr, Michelle L Meaux In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: .<.ur- or r ceu,:, nre•:RnarnT or m:,nsrorvnoe a-o~,wo LOCAL AGENCY PROGRAM AGREEMENT raoc~cncv surrcar oz::a v:,-<• r. Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, FL 33172 Attn: Michelle L- Meaux 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation, 1000 NW 111 Avenue. Room 6202-B Miami. FL 33172 Attn: Michelle L. Meaux b) The Auditor General's Office at the following address: Auditor General's Otfice Room 401, Pepper Building 111 West Madison Street Tallahassee. Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation, 1000 NW 111 Avenue, Room 6202-B Miami, FL 33172 Attn: Michelle L. Meaux 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit antl for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V -Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit. and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work. workmanship, materials. payrolls, and records and to audit the books, records, and accounts pertaining to the finanang and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor. sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c). Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Repoli: 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 $SAI t U- F. ARICA CEI'AR'~ 61R1T A" -rL'.fItiPOFT :TOD! !i'S.o'9 JC LOCAL AGENCY PROGRAM AGREEMENT FROrucT:oNS~~'IU~G4 tans assistance actroities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must Ue prepared using the formal prescribed in 49 C.F.R. Part 24, Appendix B, and be suomitted to the Departmen; 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 it detail sufficient for a proper pre-audit and post-audit thcreot (Section 287.058(1)(x), Florida Statutes). All recipients of funds from Ihis Agreement, including those contracted by the Agency, must submit Uilis for any Crave: expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" o` the Department's Disbursement Ouerations Manua!, Topic 350-030-400 {Section 287.058(1)(U), Florida Statutes). IL 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 servrces 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. Of(setfing any amount pursuant to this paragraph shall not be considered a breach of contract by fire Department. 7.00 Department Obligations: Suojeci 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 Ihis Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance Uy the Agency of any of its duties or oUligations 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 relatetl expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Aaency has been delerminec 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 FHINA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or lne date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice lime lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing Uy the Department. 7.08 Final Invoices: The Agency must submit the frnal invoice on the protect to the Department within 120 days after the completion of the projec`.. Invoices submitter. after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: Tne Ueparlment may, by ~.vritten notice to the Agency, suspend any or all of its obligations under this Agreement until sucrr time as the event or condition resulting ir. such suspension has ceased siA-t!:-Fi:,H.: n.c_r:,..rrner:t D-tFtAeSFGan,tlob ersan::ac LOCAL AGENCY PROGRAM AGREEMENT Fac~urnorasur*'urii f:'1.V9 P99P R or beer. corrected or the Department may terminate this Agreement in whole or in part at any tune the interest of the Department requires such termination. (a) It the Departrnenl determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shah provide reasonable specificity to the Agency of the deficiency that requires correction. If [he definency is not corrected within such time period; the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate. by the Departrnenl to correct the deficiency. In the event the Department chooses to lake action and not terminate the Agreement, the Ac7ency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify Ute Agency o` such temrination in writiny. with instructions to the effective date of termination or specify the stage of work al which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed; the Agengr shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment. however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice•of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the followiny: (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 financinn is to be computed: (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and Conditions imposed by the Department upon the failure of the Agency fo 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 evriting by the Department, the Agency shalt not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to tfte projert 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 o` the carne. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood anC agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineenny, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Acl. At the discretion. of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, Lhe Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 4g C.F.R. Part 26, as amended, shall have the opportunity to participate in the pertorrnance of contracts financed in whole or in part with Departrnenl funds under this Ayreement. The DBE requirements of applicable federal and state laws and regulations apply to this Ayreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients ano contractors shall lake all necessary and reasonable steps in accordance with applicable federal and state laws anc 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, natronal origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the iThT[Cr tLU410~. f.ErARTLL'-NI Ut (k.\`15POR'nlIU11 :9•+ili.t0 LOCAL AGENCY PROGRAM AGREEMENT 'kornrcncvs~rrckl r.~a:e re,?? Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administraLon (or a primary recipient) must include the following assurance: "Tne recipient shall not discriminate on the basis of race, Color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its 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 shalt be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for eniorcement under 18 U.S.C. 1001 antllor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." ib) Each contract signed with a contractor (and each subcontract the prime contractor sions wilt: a subcontractor) must include the following assurance: "The contractor. subrecipient or subcontractor shall not discriminate on the basis of race, color, nafiortal 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 tiTese requirements is a material breach of this contract, whicn may result in the termination of this contract or such other remedy as the recipient deems appropriate:' 11.00 Compliance with Conditions and Laws: Tne Agency shall comply and require its contractors and subcontractors to comply with alt 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, includina the "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race; age. religion, color, gender, national origin, disability or marital status. Such action shalt include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the. foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in al' subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Tftle VI -Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency oursuan: thereto. The Agency shall include provisions in al: contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Par[ 21, and relateC statues and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all Lire requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. s is:ic nc r_oeioF ut~..=n~=tar or Tuaasrro~rn:,nu ras~n:. ee LOCAL AGENCY PROGRAM AGREEMENT ar:oouc-iomsur•~uH .::ce rarr +<: 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crimp may not submit a Uid on a contract to provide any goods or services to a public entity; may not submit a bid or. a contract with a public en;iq> 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 amp public entity in excess of the thresnold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate evho 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 io a public entity; may not be awarded or perform work as a contractor. supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked. denied or have further beer. 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 Uuilding or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shah 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 Aoency, 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 shat! require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions o` this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement fa utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising titeretrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereuntler to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no even) shall the making by the Uepartrnent of any payment to the Agency consiiwte or be construed as a waiver by the Department of any breach of covenant or any default vehich may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or defaul; snail exist, shall ir, no way impair or prejudice any riyM or remedy available to the Department with respect to such breach or default. _:,~.. oia so gIaTF Gr N-OFIO:. 7CfHHIIdFNT C~ iHAN,iPORTF.IiOW PHGU6.'.TIOW $LI'PUF.I LOCAL AGENCY PROGRAM AGREEMENT >,~~, +~y 11 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision cf this Agreement is held invalid, the remainder of fnis Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that ii has not paid and, also agrees no! to pay, any bonus or commission for the purpose of obtaining an approval o! 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 contravenlioc of any applicable state law. It any of the provisions of the Agreement violate any aoplicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves construcliny and equipping of facilities on the State Highway System; the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency evil) physically include Form FHWA- 9273 in all its contacts and subcontracts. 13.08 Right-of-Way Cerkification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including [hose 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 projec: was completed in accordance with applicable plans and specifications; is in place on the Agency's facility. adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempline to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any tedera! contract; grant, loan or cooperative agreement. If any funds other than fetlerally-appropriated funds have Ueen paid by the Agency to any person for influencinc or attempting to influence an officer or employee of any federal agency, z Member of Congress, an officer or employee of Congress or an employee of a Alember of Congress in connection with this Agrecrneni, 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 paraarapit be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a Sid i t ~ ~= P.ORIph OFY.4TAICV t Uh I kaolRr ORTh]IU~ '~1"'~lr~t~~ LOCAL AGENCY PROGRAM AGREEMENT rnouucnov ,vrrcer I;•:» r:,,,_~ I z slate 2gency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under tnis 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 Departrent should be aware of the following Lme frames. Upon receipt, L`te Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies othenmise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. Thr; 20 days are measured from the latter df the dale the invoice is received or the goods or services are received, inspected, and approved. Ii a payment is not available within GO days after receipt of the invoice and the receipt, inspection, and approval of coods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, wiL be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not star: until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. Tne, duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline, 877-693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. I' at any time a review conducted by FHWA reveals that the applicable federal guidelines; procedures, and regulations were not follotived by the Agoncy and FHVYA 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 fo federal guidelines, procedures, and regulations. -r:,rror r~cwus ac=narrurvr ~u ,v.usw-rrnnor: ses~a.-<~ LOCAL AGENCY PROGRAM AGREEMENT i•huuucrnrv.^.uProar .aroo v,N. + IN WITNESS W HEREOF, the parties have caused these presents to he executed the day and year firs: above written. AGENCY CITY OF' A•ilANll BEACH STATE OF FLORIDA DEPARTrv1ENT OF TRANSPORTATION Name: Jorg M. onzalez l Name: ~ti l --./ , ~, ~ ~. TitI~C' y Manager Title: ~,~ ? 7r,- ~~ ~Tr ~` Attest: _. ~-~ Attest: ~~ -~~ ® '~^ Title: C•f `f-t~ C L ~VL(~. 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 CUTION /~ (, ornay at 51 ~ I P ; i% rL091Q~. !',cY•W.T41rNi nI I ri>NSPAFLQIOrI F~ -~l is rito.tc i ra.Na~-raer.T c-nc~ LOCAL AGENCY PROGRAM AGREEMENT cams: Peue EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN:426500 This exhibit forms an integral Dart of the Agreement between the Stale o` Florida, Department of Transportation and Dated PROJECT LOCA?ION The projocl _ is .'~ is not on the National Highway System. The project X is __ is not on the State Highway System. PROJECT DESCRIPTION: Indian Creek Drive, from Abbot: Avenue to 7181 Street, is classified as an urban arterial roadway located in the North Beach neighborhood in the City of Miami Beach. This roadway provides a major connection between the North Beach neighborhood to the Middle Beach neighborhood. It is also a 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: Tne audit report(s) required in the Agreement shall include a Schedule of Prnject 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 fundiny 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_ h) Desiyn to be completed by c) Right-of-lNay requirements identified and provided to the Department by ___ d) Right-of-Way to be certified by e) Construction contract to be let by September 2009. f) Construction to be completed by Agril 2010. It this schedule cannot be met, the Ayency will notify the Department in wriliny vrith a revised schedule or the project is subject to the vrithdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: s u ~ c- ri.c< ,a ~r,:..znae vt or rravrrur i,ucv '-,r .;'. ~ ^- LOCAL AGENCY PROGRAM AGREEMENT rnc.r~cnonsuvcnr.- a.a ra;z EXHIBIT "B" SCHEDULE OF FUNDINCa AGI=NCY N;~I:~E & BILLINGr'.C! ll?R=iS I I i'N; 42f 660 1 City o`. FAiami beach PROJECT DESCRIPTION r:an~~e: tr~dian Creek Dr>:a: ierrni ni TYPE OF WORK By Fiscal Year ~;; IOI hI PROeecl ruNCS r2) AGEKCY _FUV~s st STATc& I ri1FlfFl auNns_ - _ --- Planning 70Bf-901:7 _.__ _ _ - -_ _ zoo?-9~aoe -- - - 2ooa-2!m69 Total Planning Cost _ ___ ___ Project Development 8 Environment (PD&E) 7[i6lQCC!i _ - - 200&2vG5 To;al PD&E Cos: _ - ___ _ _. - - Design ~ 20G5-2UU', . ... __ -- - [OUb 20Ce ___ - Total Design Cost - _ _ ... _ Right-o4Way 2UCc'2U0? - -- _. - __ 2^ -c004 - - - - 2 e-20~J9 -- -- . rcH, Fc~hl-rr-. ~;ay Co_t -- -- --- - -_ I Constnrction 2005 2 Q. ~ - -.- - - ! 2007-2003 _ _.. - 2CC~8-2U~i9 _- -_. - Tela', C~~stn.,cur,r Crs~ ____ - -_.' !2 000 S''_'3 OCR - - _ ._. '3~2 7~~ _ $J.1~;wC __ _ -_ Construction Engineering and Inspection (CEI) 20~~b 20ii- 2~~7.20i? 2009-9C: i;: ~ ll ::r ~. - --- -__-- -_ - - - - -_. -_ -_- -- -. -__ ~ ,1~~ I -- - - ~ - ~ ~ _- T ~I ;~LC UST CF THE PR nJFi'.T___.. ..._ ~ i ' ° r~r ?,bi:CC -._ - _-_ _- Tha 6ep~art Ttant's 5s::nl yea° heG'ns on .Icly 1- For th~~s pl OjecL fends a-e n..^.t prrlecte~d b~ tie £a4a~'ahlc until ate-'i'~e 1st of -;u y cf each fls^a. year -: [)epartrn~rt veil mtih• thr Agency, m wrillny ~e^. f~,:od ~r=, a~eai,3tde. ` r >: h.TC DF ~-L:~RIDI~DCi`h.RTfi EN- DF Tt"WN5'CRTnT. Dfl `_Y50'4 Y] LOCAL AGENCY PROGRAM AGREEMENT r<uDL¢non sd~•rohi O:v:.3 'sic EXHIBIT "S" 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) JOB REPORTING This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and The_City of Miami Beach Dated SPECIAL CONSIDERATIONS BY AGENCY: Compliance with the 2009 American Recovery and Reinvestment Act (ARRA) This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment Act (ARRA). The Agency will satisfy the Federal reporting requirements for the project(s), such as the monthly employment report, for both the Contractor and Subcontractor. The Agency will provide the required information on form(s) provided by the Department in the timeframe indicated in the instructions. The Agency will ensure that the reporting requirements are included in all ARRA contracts and subcontracts. 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. Authority of the U.S. Comptroller General Section 902 of the 2009 ARRA provides the U.S. Comptroller General and his representatives the authority 1. To examine any records of the Contractor or any of its Subcontractors, or any State or Local Agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and 2. To interview any officer or employee of the Contractor or any of its Subcontractors, or of any State or Local Agency administering the contract, regarding such transactions. Accordingly, the U.S. Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the 2009 ARRA with respect to this contract: which is funded with funds made available under the 2009 ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the U.S. Comptroller General. Authority of the U.S. Inspector General Section 1515(a) of the 2009 ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The Contractor is advised that representatives of the U.S. Inspector General have the authority to examine any record and interview any employee or officer of the Contractor, its Subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict, in any way, any existing authority of the Inspector General. S'ATF OF FI ORI lf. ^C VAkT1AfNT OF TF•'MSVOkT~SipN .,' i'..o-. LOCAL AGENCY PROGRAM AGREEMENT rr<oooc-.:,N-ti:vcoF' can-~ c.,~:: EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 426500-1 This exhibit forms an integral part of the Agreement between the State of Florida. Department of Transportation (Department) and Dated 09-14-09 SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and Citv of Miami Beach Dated 09-14-09 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 lAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project shall/may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal-Aid Management Office. $raT=ui rLOliIUh PF'~RT'dCNT Ur iR4VSM'1 P.L`: :0% LOCAL AGENCY PROGRAM AGREEMENT SZ:-n~,aqu r;~.?e=cl niaeacern~aT~oau F:,w~ 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: 5365,000 Compliance Requirement Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacemon: and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development; and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cos: principles applicable to the recipientisub-recipient. Eligibility: By law, the federal-aitl hi. a suitably equipped and organized t Siale Departments of Transportaiior generally selected by state DOTS or officials, as specified in 'L3 U.S.C. < stale DOT. Most Florida Land Highway Program I (FHWA) Office of Federal Lands Highway and (FLMAs). Under the FLHP, projects in the Indiar and are approved by the Bureau of Indian Affai meetino certain requirements may now adminisb Wildlife Service (FVVS) and the National Park S Parkways Programs, respectively. For the Forest select projects. federally assisted state program that requires each: state to have .men[. Therefore, most projects are adminislereC by or through jec[s to be funded under the federal-aid highway program are ng Organizations (MPOs}, in cooperation with appropriate local :oulafions. Territorial highway projects arc funded in the same ~itorial transportation agency functioning rn < projects are administered by the Federal Hic sions or by the various Florida Land Ma ation Road (IRR) Program are selected by and the FHWA. Due to recent legislation, is IRR projects on behalf of the BIA and F JPS) select projects in the Refuge Road ~+ Proeram, the Forest Service, tho Slates 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 anC Title 49, G.F.R.