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Local Agency Program Agreement99/09 ZOo9-~,'~/S'T r.n. u- _ .omnn nr a,;avrr ra~ ur lo-::.rvsr:,rv.uo„ >_s.mo<o LOCAL AGENCY PROGRAM AGREEMENT rro=,,:n~:r: surrnar nrce raga , LPN. 251271-4 Fund: F'_iUR Approp: Federal No _ T~5 - 0 J. Org Code ~tDG 306Y~f FAIR Obl: 'y00~4 ,FPN Fund: FLAIR Approp: f edeiel No Org Coda FLAIR Obl: LPN. Funrf FLAIR Approp: Lederal Nn _ Ora Ccde: FLAIR Obj: LF'N Fund FLAIR Approp: Lederal Nr: Org Coac FLAIR Ob;: Caunty Nn _~+G+Nr`Q~ Contract No'. YT4 ~ Vendor No: V FS56000 37 Uata Univrrsat Number System (DUNS] No p~~1=,~{,ls~i Catalog of Federal Domestic Assistance (CFDAj: 20.205 I Ilghway Planning and Construction THIS AGREEMENT. made and entered intc this ~ day of ~un~. rnfn by antl between the STATE OF FI ORIDA DEPARI MENT OF TRANSPORT/~.TIUN, an agency of he State of Florida, hereinafter called the Department, and Cih of tJllam~ Beach nerainafter calleC the Agency. WITNESSFTH WHEREAS, the Agene:y has thi: aatnonty tc enter into li,is Agreement and to uncertak2 the project hereinafter des..^.Iibed, and the Uepartmeni has been arantcd the authonty to funclicui adequately ir. all areas of appropriate jurisdiction including the Implementation of an integrated and balanced ir•,nspcxtalion sysPem and Is authorized under Section 335.1^, Ploriria Statutes, to enter into tlriG Agreement; NOVU, I k ILREFORE, in cr>nsiaeretian of the mulua coveaanls txnmises and representations herein. the partes agree as follows: 1.O1) Purpose of Agreement: ThL purpose of this Agreement is to provide For the Department's partupation in Middle Beach Recreational Corridor ?3Y° Strad 64 ~' Street and as fuhha~ :iesrribed it Exhibit "A" attached hereto and by this reference made a part hereof, hereinaftc~ called trio protect," and Ic. r,r;:vidr Det;ariment finanaal assistance to the Agency and state the terms and conditions upor. which such assistance will br aravirled anal the understandings as to the manner In which the project: will be undertaken and completed. 1,01 Attachments: Exhibilts) H, 6 ae attached and made a part hereof 2.01 General Requirements: The Agency shah. con,plelr. Iha project as desonoed m Exhibit "A" with alt practical mspatch, in a sound, er:nnomical, and effiaent manner. and ui accouiance with the provisions herein, and all apph~able law's. The project will ,e prrionned in accordance earth all acrylic:ab~e Department procedures, guidelines, manuals, standards, anc direciive~ as il~scnbce in the Uepartrnent's Local Aaenr:v P« ,; ram Manual which by this reference Is mad?apart hereof as if fully sat fortl-~ herein time s of the essence as k: each and every obligation under this Agreement. A full time employee o` the Agency quaiifieC to ensure that the vdort; being p.rrsue:. is complete, accurate, and consistent vdith the terms, conditions, and sprciGrations of this Agreement shall be m charge of each project Removal of Any Unbilled Funds It Agency fails to 5mely perf:,m: i15 obh4ation5 In submitting invoices and ducurnents ur.::essary ir,r the :nose out of the project, and said failure rasults in a less of the remaining unbilied funririr, eilhri Ly Fedora', withdrawal of funds or loss o` Stale auhropriatian authority ?.wh-,ch may include coin iedrral funds and staF~ funds if any state funds are on the project), Agency will be responsible for trio rerraonng r:nbiltad funds on the prof=ct. No other funds wdl be provided i,y Ihr. Department. Agency evaives the right to ;:ontest such rcmova of funds bV the Decatmenl, d said rernuva' s rlirectlY related to Federal (FI 11N'.Ai witi,dra:va of funds or less o' Stare appropnaf,an authonty clue k: I Deal A_,ency's failur or nonaertormance. in addhian Ice Inns of funding, the Department mill carsrde• de-c:nriiGcetinn o` said Agency for fuburc LAP protects. x i r. i e cr r.c:~. ir.,n. ,.=rar,-rar yr nc rF:.ras. vr. K i;, i un s+.; ~•m ~o LOCAL AGENCY PROGRAM AGREEMENT naoevcrwNSUrr~Hi J1T:9 r'a:a: Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Ayency, and the project is off the state highway system. then the department will have to request repayment for the previously billed amounts frem the Local Ayency 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 June 30. 2013. If the Agency does not complete the project within this lime period this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in wriliny by the Department prior to the expiration of this Agreement. Expiration of th!s Agreement will be ronsidered termination of the project. The Cost of any work performed after the expiration date of this Agreement will not he reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election. referendum, approval, parmit, notice or other proceeding or authorization is requisite under applicahlr. law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume nr carry out any of the prov!sions of the Agreement, the Agency will initiate and cronsummate, as provided by law. all actions necessary evith respect to any such matters so requisite 2.04 Ayency Funds: The Agency shall initiate and proseatte 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 subm!t to the Uepartmenl such data, reports, records, contracts. and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require 3.00 Project Gost: 3.01 Total Cost: The total cost of the project is $ 570.000. This amount s based upon the schedule of fundiny 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 provided for in paragraph 4.00. 3.02 Department Participation: The Departrnr,nt agrees to participate, including contingencies. in the protect cost to the extent provided in Exh!bd "B." This amount includes federal-aid funds which are limited to the actual amount of federaF- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation wdl be allowed only from the cta[e of this Agreement. It is tuttierstood that Department participation in eligible project costs Is subject to: a) Legislative approval of the Department's appropriation request m the work program year that the protect is scheduled to be committed; b) Availability of funds as stafed 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 time appropnaUOn authority becomes available. 3.04 Appropriation of Fwids: The Department's pertonnance and obligation to pay under this Agreement is ronlinyanl upon an annual appropnaticn by the Legislature If thr, Drparlment's fundiny for this project is in multiple fiscal years, funds approval from the Depaihnenl's Comptroller must be received each fscal year prior to costs being incurred. See Exhibit "R" far fundiny levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 1 he Department will notify the Ayency in wriliny, when funds are available 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a Cerm for a period of more than one year, the provisions of Section 339-135(6)(a) Florida Stahttes, are hereby incorporated: x ~,v r u- r w4 u~ ~'-raarrnrnr ter i u rives=nRrn-~otu °-5~' i ^ ='~ LOCAL AGENCY PROGRAM AGREEMENT rROnurnoiusuvaok, ~1~VN re'3 "(a) The department, during any fiscal year, shall not oxpentl money, incur any liability, or enter into any contract which, by its terms, involves Il+e expenditure of money m excess of the amounts budgeted as available for expendture 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 deparUnenl shall require a statement from the comptroller of the Deparhment that funds are available prior to enlrriny into any such contract or other binding comrnilment of funds. Nothing herein contained shall p+event the making of contracts for periods exceeding t 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 he incorporated verbatim in all contracts of the Department which are for an amount in excess of $?5,000 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 received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not partiapate in any cost which is not incurred in ronfomiity with applicable Federal and Slate laws. the regulations in 23 Code of Federal Regulations (C.F R) and 49 C F R ,and policies and procedures prescribed by lhei Division Administrator of FHWA. Federal funds shall not be paid nn account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project of part thereof involving such cost (23 C.F.R. 1.9 (a)j If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in venting aUng the reasons why items and amounts arc not eligible for federal participation. Where correctable non compliance with provisions of law or FHWA requirements exists, Federal Tends may be withheld until compliance is obtained. Where non-compliance is net correctable. FHWA or the Department may deny participation in parcel or project costs m part or in total. For any amounts determined to be ineligible fvr 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 tho execuUOn of this Agreement, a project schedule of funding shall be prepared by the Ayrncy and approved 6y the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur nbliyations against and make disbursements of project Tends only in conformity with the latest approved scheeiulr of funding for the project. The schedule of funding may be revised by mutual written agreement betvaeen the Deparimrnt 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 Uttice. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreernenl and is approved by the Department's Comptroller 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under O+e terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Ayreernent and foi 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors pertorming work 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 expirabon of the 5-year period, the records shall be retainers until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: I he Agency shah chaiye to the project account all eligible costs of the project except costs agreed to be borne by the Agency o+ its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eGyible costs 5.03 Documentation of Project Costs: Au rusts charyrrl to the project, including any approved services contnbutetl 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 federa! and state funds are to have audits done annually using the following criteria RTt F qFF Cilld JCYAh:'LItYI OF IF.~NS^i~~TAT 1rl 576 GqD%J LOCAL AGENCY PROGRAM AGREEMENT YHUUUCIIUN )UMMVHI -.l'9 PP~p l I he admirnstration of resources awarded by the Department to the Ayency may he subject to audits and/or monitoring by the Department, as descrihrd in this section. Monitoring: In addition to revievds of audits conducted in ar;rordancr. with OMB Circular A-133 and Section 215.97, ( lorida Statutes as revised (sec `Audds below), monitoriny procedures may include, but not be limited to, on-sde visits by Departinenl staff. limited scope audits as defined by OMR Circular A-133 as revised, and/or other procedures. By entering into this Agreement, the reapient agrees la comply and cooperate fully with any monitoriny procedures/pnx:esses deemed appropriate by the Ueparlrnent 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 Ayency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necxssary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General Audits Part I -Federally Funded: Recipients of federal funds (i.e-, slate, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using lire following criteria 1, In the event /hat the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient nnlsf have a single or program-specific audit conducted in accordance ~wth the provisions of OME3 Circular A-133, as revised. Exhibit °1" of Ibis Agreement indicates federal resources awarded through the Department by this Agreement. In delennining the federal awards expended in Rs fiscal year, the reapient shall consider all sources of federal awards, including federal resources received from the Department. f he determination of amounts of federal awards expended should be in accordance oath the guidelines established by OMD Circular A-133, as revised An audit of the recipient conducted by the Auddor General in accordance with the 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 audrtee responsibilities as provided in Subpart C of OMB Cin;ular A-133, as revised 3. If the recipient expends less than $5UU,000 in federal awards in its fiscal year. an audit conductedi in accordance with the provision; of OMB Circular A-1;33, as revised, is not required. I lowever, if the recipient elects to have au audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the a>st of the audit must be paid from non-federal resources (i e .Ihr. cost of such an audit must be paid from recipient resources obtained from other than federal entitiesj. 4. Cederal avaards are to he+ 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 dehned by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1, In the event that the reripirnt expends a total amount of state financial assistance equal to or m 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 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit -1" to this Agreement indicates state financial assistance awarded throug_ h the Department by this Agreement. In determining the state hnanaal assistance expended m ds fiscal year, the recipient shall consider all sources of slate financial assistance, including state financial assistance received from the C)epartrnem olller state aoenries, and other non-state entities. State financial assistance does not include federal dire.Ct or pass-through awards and resources received by a non-state entry for tederal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1. the recipient shall ensure that the audit complies wdh the requirements of Section 215 X7(7) Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d). Flontla Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), pules of the Auditor CeneraL v ht L'Jr rL"JRIDA OC'F 91'd=M" OF TRiih FFDN'FI IOt. %`-~`G' Nl LOCAL AGENCY PROGRAM AGREEMENT =an^.h.Tlr%n's'.IVVOKI ,~, F'i9e 5 3. If the recipient expends less than SS00.000 in slate. financial assistance in its fiscal year, an audit conducted in auxrdance with the provisions of Section ?1597, Florida Statutes, is not required. However. if the recipient elects to have audt conducted in accordance with the provisions of Section 215.97, Florida Statutes. the cost of the audit must be paid from the non-,late entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained front ether than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and yeai, and name of the state agency awarding il. PaR III -Other Audit Requirements: The recipient shall follow up and fake corrective action on audd findings. Preparation of a Summary Schedule of Prior Year Audit Rndings, 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 fndinys, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to projer;t records and audit work papers shall be given to ilia Department the Department of Financial Services, and ilia Auditor General. This section does not Emit the authority of ilia Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance ur limit the authority of any other state official Part IV -Report Submission: 1. Copies of financial reporting parkages for audits conducted in accordance with OMF3 Circular A-133. as revised. and required by Part I of this Agir..ement shall he submitted, when requlred by Section .320 (d), OMB Ciroular 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 eddresslrs) Florida Department o(Transporlation 1000 NW 111 Avenue. Room 6707-R Miami, t L 331 TL Attn: Michelle I Meaux b) The Federal Audit Clearinghouse designated in UMB Cncular A-133. as revised (the number of copies required by Sections .320 (d)(1) and ('~), OMB Circular A-133. as revised), at 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 accorlance with Sartions .320 (e) and (f), OMB Circular A-133. as revised. 2. In the event that a copy of the financial repociny package required by PaR I of this Agreement and conducted in accordance with OMCS Circular A-133, as revised, is not required to be submitted [o [he Department for reasons pursuant to Section .32U (e}12}, OMR Circular A-133, as revised. the recipient shall submit the required written notification pursuant to Section .320 (e)j2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards duertly to each of the following: Florida Department of Transportation 1000 NW 1'11 Avenue, t:oom 6202-8 Miami. FL 33172 Attn: Michelle L. Meaux In addition. pursuant to Section .320 (f), UMli Circular A-133, es revised. the recipient shall submit a copy of the financial reporting packago described in Section 320 (c), OMB Circular A-133, as revised. and any Management Letters issued by [he auditor, to the Department al each of fhe following addresses: 5 ~:, I t Jh r WI:IUh DC'~PIidENi p! TRANSPOFS4nt; \ fii'. 0'G 9~1 PF(]alha Nl!1 tlUPPUFI LOCAL AGENCY PROGRAM AGREEMENT ~~.;,; rr,n= ~: Florida Department of Transporation 1000 NW 111 Avenue Room 6202-B Miami, FL 331 /2 Attn: Michelle L Meaux 3 Copies of tho hnanclal reporting pe::kage required by Part II of this Agreement shall he submitted by or on behalf of the recipient directP/ to each of the following. a) The Department at each of ti le following address(esj: Florida Department of Transportation 1000 NW 111 Avenue, Room 0202 B Miami FI 33172 Attn Michelle L. Meaux b} The Auditor General's Office at the following address Auditor General's Office Room 401, Popper Bwldmg 111 West Madison Street Tallahassee, Florida 32398-1450 4 Copies of reports or the Management Letter required t>y fart III of this Agreement shall be submitted by or on behalf of the recipient directly to. a) The Department at each of the following addresses} Florida Department of I ransportation 1000 NW 111 Avenue. Koom 8202-B Miami, FL 33172 Attn: Michelle L. Meaux ,. Any reports. Management Letters, or ottlel inforrnalivn required to he submitted to the Department pursuant to this Agreernenl shall be submitted in a timely manner in accordance v/ith OMB Circular A 133, as revised, Flonda Statutes, and Chapters 10.550 (local governmental entities) or 10.050 (nonprofit and for-profit organ¢ations), Rules of Ole Audika 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 10.5SU (local governmental entities} or 10.650 (nonprofit and for- profil organizationsj, Rules of the Auditor General, should indicate the dale that the financial reporting package was delivered to the recipient in correspondence accompanying the hnanclal reporting package. Part V -Record Retention: The recipient shall retain sufficient records demonstrafing ds compliance wilh the terms of this Agreement for a period of at bast 5 years from the date the audit report Is Issued and shall atlov/ the Department or its designee. the stale CFO ar Auditor General access to such records upon request. ilia recipient shall ensure Ulal the independent audit documentation is made available to the Department. or ds designee. the state CFO or Auditur General upon request for a period of at least 0 years from the date the audd report Is Issued, unless extended in writing by the Depar Imenl. 5.05 Inspection: 1 he Agency ,hall permit, and shall require its contractors to permil, the Department's aulhnriied representatives and authorised agents of FHWA to inspect all work. workmanship, materials. payrolls, and records and to audit the books. recorits, and accounts pertaining to the financing and development o(Ihe project The Department reserves the right to unilaterally cancel this Agreanrnt 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 evith this Agreement (Section 'L8/A58(1) (c), Florida Statutes). s1.::r cv ~ i Delon. orf nRlraeLl c~ -.H~rswal, r:.ncv n: urwu LOCAL AGENCY PROGRAM AGREEMENT rl,uoocnonwrron` 0: qr.: ? 5.06 Uniform Relocation Assistance and Real Property Statistical Report: Frr any project requiring additional nght- of-way, the Agency must submit to file Department an annual report of its real property acquisition and relocation assistance activities on the project Activities shall bo reported on a federal fiscal year basis, from October 1 through September 30. The report muss IIr I'irepared using the format prescribed in 4~ C F.R. Part 24, Appendix 13, 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 incurced shall be submitted in detail sufficient for a proper pre-audit and pose-audit thereof (Section 287.056(1)(a}, Clorida Statutes). All recipients of funds from Ihis Agreement, including those contracteel by Ric. Agency, must submit btlls for any travel expenses, when authorised by the terms of this Agreement, in accordance with Section 112A01, Florida Statutes, and Chapter S "Travel" of the Department's Disbursement Operations Manual Topic 350-030-400 (Section 287.OS8(1)(b), Florida Statutes). If after project completion, any claim is made by Ihr. Department resulting from an audR 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 BO clays 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 alher provisions hereof, the Department will honor requests for reimbursement lu the. Agency in amounts and at times deemed by Ure Deparhnrnt to be proper to ensure the carrying out of the project and payment of the eligible costs. However, nulwithslandiny 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 m its application, or any supplement thereto or amendment Ihelerf or in or with respect to any document of data furnished therewith or pursuant hereto: 7.02 Litigation: There is Mien pending litigation with respect to the pertormance by the Agency of any of its duties or obligations which may jeopardise nr 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 Ihr approval of the Department or has made related 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 Agency has been determined by the Department to hr: in default under any of the provisions of the Ayrrrmrnt 7.06 Federal Participation: The Depal bnent may suspend or terminate payment for that portwn of the project which Ihr FHWA. or the Department acting m lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Dlsatlowed Costs: In determining the amount of the payment, the Department v/ill exclude all projects costs incurred by the Agency poor to the effective date of this Agreement or the date of authorization costs incurred after Ihr expiration of the Agreement. costs which arc not providetl for in the Latest apprnvect schedule of funding in Exhibit 'B" for the project, costs agreed to be borne by the Agency nr its conuw:lnls and subcontractors for not meeting the protect commencement and final invoice time Imes, :rnct costs allrihulable to goods or services receroed under a contract or other arrangements which have not been appnrvrd in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invace on the prrjecl to the Department within 120 days after the completion of the project. Invoices submdted after the 720-clay lime period may not he paid. B.00 Termination or Suspension of Project STii [ nr n nu rn nFrnan;?rn of n+:~ms~~uKin ~. _m •.rra <:'~ LOCAL AGENCY PROGRAM AGREEMENT vaooi;rnoNS~wor<~ v_ vv rFra a 6.01 Termination or Suspension Generally: I he Department rnay, 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 or been corrected or Qie Department may terminate this Agreement in whole nr in part at any time the interest of the Uepartmenl requires sur:h termination. {a) If the Department deteunines that the performance of the Agency is not satisfactory. the Department shall notfty the Agency of the deficiency in writing with a requirement that the deficiency hr annected within thirty (30) days of such notice. Such notice shall provide reasonable speahcely to the Agency of the deficiency that requires correction. If the deficiency is not <:orrected within such time period, the Uepartmenl may either (1) immediately terminate the Agreement as set fo,tF, in paragraph 8.(b) below, or (2) take whatever aclivn is deemed aopropnate by the Department to correct the deficiency In the event the Department chooses to take action and not terminate the Agreement. the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination m wnhng, with instmctions to the effective date of ternuna6on of specify the stage of work at which the Agreement is to be terminated. {c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily pertormed for which costs can br. substantiated. Such payment; however, shall not exceed the egwvalent percentage of the contract price All work in progress will become the property of the Uepartmenl and will be turned over promptly by U,e Ayenry. 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 [he following- (a) necessary action to terminate or suspend, as the case rnay be. project activities and contracts and such other action as may be required or desirable to keep to a minirnurn the costs upon the basis of which the financing is to he computed; (b} furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. I he termmatwn or suspension shall be carried out in conformity with the latest sr..hedule, plan and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of Uw Agency to furnish the schedule, plan. and estimate within a reasonable time The nosing nut of federal financial participation in the protect shall not constitute a waiver of any claim which Ilia Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Lxcept as otherwise authorised in vrriting by the Department. the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto. with any Third party with respect to the project without the written approval of the Department. I ailure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specihcalry reserves unto itself the. right ti, review the qualifications of any consultant or contractor and to approve or disapprove the employrnenl of the same 9.02 Compliance with Consultants' Competitive Negotiation Act: It rs understood and agreed by the parties hereto that participation by the Deparhnent in a project with the Agency. where said protect involves a consultant contrau for engineering, archilerhue or surveying services, is contingent on the Agency's complying m full with provisions of Section 287.055. Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of Use Departrnenl, ilia Ayenry will involve the Department in the consultant selection process for all protects In all rases, the Agency's attorney shall certify t0 the Department that selecuon has been acrurnplished in compliance wah the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise {DBE) Polley and Obligation: It is the policy of the Departrnenl that DBE's. as defined in 49 C.F.R. Part 20. as amentled, shall have the opportunely to partidpate in Ilse perfnnnance of contracts financed in whole or in part with Department funds under this Agreement Tlrr. DRF reyuiremenis of applicable federal and state laws and regulations apply to this Agreement. The Agency and ds contractors ayrrr. In ensure that DBE's have the opportuNb/ to participate in the performance of this Agreement. In this regard. all recipients and contractors shall take all necessary antl reasonable steps in accordance with STr: r a= ri_ut u: ;_vr.H.i river or maws ^n~r ra- pN szsa,o<o LOCAL AGENCY PROGRAM AGREEMENT r~oouc~ior+suranar :,~.,,a Maya Y applicable federal and state laves and regulations to ensure that the DBLs have the opportunity to r:ompete for and peiiorrn contrarts. The Agency and ds conhactors and subcontractors shall not discriminate un the basis of race, color. national origin or sex in the award and performance of contracts, entered pursuant to this Agreement Furthermore. the Ayency agrees that: (a) Lach financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) roust Include the following assurance "The recipient shall not discriminate on the basis of race. color, national origin, or sex in the award and performance of any DO I assisted cvntract nr in the administration of Its U[SL program or the iequirements of 49 C F R Part 2G. The reupient shall take all necessary and reasonable steps under 49 C.~.R fart 2fi to ensure nondiscrimination in the aevard and administration of DOT-assisted contracts. The recipient's DBE program, as requirod by 49 GF.R. Part 26 and as approved by Department, is incorporated by reference hi this Agreement. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as a violafion of this Agreement. Upon notification to the redpient of ds failure to carry out its approved program, the Department may impose sanctions as provided for under 49 GF.R. F'artLr3 and rnay, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andlor the Program Fraud Civil Remedies Act of '1986 (S 1 U.S.C. 3801 el seq j " (b) Lach contract siynrd with a contractor (and each subcontract the prune contractor signs with a subcontractor) must Include the following assurance "The contractor, subreapient or subcontractor shall not discriminate. nn the basis of race, color, national ongm, or sex in the pertormance of this contract Thr. contractor shall carry out applicable requirements of 49 C.F.R. Part 2G in the award and adminishalion 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 Hgency shall comply and require its contractors and subcontractors to comply with all Icons and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project Execution of [his Agreement constitutes a certihcaGon that the Ayency is in compliance with, and will require its conhartrns and subcontractors to compy/ with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certdication Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," m 4y C h R I?ari'l9, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any protect, the Agency shall not discriminate against any employee or applicant for employment because of race. age, religion. color, sex, national ongm, disability or manta) status. The Ayency 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 shall include, but not be limited to, the folloveing: employment upgrading, demotion or transfer, recruitment or recn,ilmenl advertising; layo`f or termination; rates of pay or other forms of compensation; and selection for framing, including apprenticaship. The Agency shall insert the foregoing provision modfied only to show the particular contractual relationship in all ds contracts in connection vnth the development of operation of the project, except contracts for the slandanf <:onunercial supplies or rave materials. and shall require all such contractors to insert a similar provision in all subconuacts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition. removal. site improvement or sunilar work. the Ayency shall post. in conspicuous places available to employees and applicants far employment for projECt work, notices to be provided by the 12.02 Title VI -Civil Rights Act of 1964: The Agency will comply wine all the requirements imposed by Title VI of the Civil Rights Act of 19G4, the regulations of the ll ~; Depaitrnwit of Transpoilation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts vrith 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- n TGrc OF F. i:'i IC^'~JtFnFI'Id6.1i U! II.nAi nn RT:TpN 51i91P4q LOCAL AGENCY PROGRAM AGREEMENT r+:mur-lor+surrnar m..~e rage w 12.03 Americans with Disabilities Act of 1990 (ADA): 1 he Agency will crmtply with all the requirements as imposed by the ADA. the regulations of ilia Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on Ihe. convicted vendor list following a conviction for a public entdy came may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public 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 entlty; may not be awarded or perfo«n 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 28LU17, Floiide Statutes. for CATEGORY TWO for a period of 36 months from the dale of being placed on the convicted vendor list 12.05 Discrimination: In accordance vnth Section 7R7 934. Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the k!orida Department of Management Sernces, may not submit a bid on 2 contract to provirie. goods or services to a public entity. may not submit a bid on a contract wtlh a public entity for ilia construction ar repair of a public building or public work, may not submit bids on leases of real property to a public enlily, may not be awarrlyd or perform work as a contractor. supplier. suhcontractor or consultant untler a contract with any public: enlily, and may not transact business with any public enlily 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: Arl antity or affiliate who has hatl its Certificate of t]ualificaiion suspended. revoked. denied or have further been determined by the Department to be anon-responsible ronuarmr may not submit a bid or perform work for the construction of ropair of 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 arranyemenl in connection with the project or any property included or planned to be included in the protect in which any member, of5cer or employee of the Agency or the locality during tenure or for 2 years thereaffer has any interest, direct w indirrrt If any such present or former member, officer or employee involuntarily acquires or had acgwred prior to the beyinning of tenure any such interest. and if such interest is immediately disclosed to the Agenr.y, the Agency, with prior approval of the Department. may vraive ilia prohtbrtion contained in this paragraph provided Ihat any such present member, officer or employee shall not partiapate in any action by the Agency or the locality relating to such contract, subconlracl nr arrangement. The Agency shall insert in all contracts entered into in connection with the project of any property included or planned to be included in any project, and shall reryuire 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 [enure or for 2 years thereafter shall 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 behveen 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 of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Enviromnental Regulations: I he Agency will be solely responsible for compliance with all the applicable environmental regulations, for any habddy arising from non-compliance with these regulations, and will reimburse the Department for any loss inruned 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 hereunder to any individual or entity not a party to this Agreernenl 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency consbtute or be ronshurd as a waiver by the Department of any breach of covenant or any default which may then exist on the part of Ilia Agency and the making of such payment by ilia Deparlmenl, while any such breach or default Sl: ~"r U- rLVt OF JCPHrirACNT nr TP aNF:%r:4T:`.:'~~N •.:!,C IJ xr. LOCAL AGENCY PROGRAM AGREEMENT "annu.^.n°"s°°°,°k' . a~ v„~ „ shill exist, shall in no way impair or prejudice any right or remedy available to the Deparbnenl with respect to such breach or default 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Ayrrrment shall not be attected. 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 execuhon of the Ayreernerd, the Agency represents that d 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 perroun any act or do any other thing in contravention of any applicable state law. It any of the provisions of the Agreement violate any applicable slate law, the. Ayenry will at once notrfy the Department in writing in order that appropriate changes and modfications 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 Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the protect. The Deparbnenl 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 resolulinn of these comments and recommendations to ilia Deparirnent's satisfaction, the Department will Issue to the Agency a written approval with Bald remainder of the pro(ecf Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Farm FHWA- 1273 in all its contracts and subcunlrar:h. 13.08 Right-of-Way Certification: Upon completion of right of-way actwrtes on the project, the Agency must certify compliance wilh all applicable federal and state requirements. Certification is required prior Io advertisement for or sohcrtation of bids (or construction of the project, including those protects for which no right-of-way is required 13.09 Agency Certification: The Agency will certrty in vrntiny. prior to purjeca closeout that the project 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 acceptetl by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All wards used herein in the singular form shall extend to antl include the plural Ah words used In the plural form shall extend to and include the singular. All veords used In any gender shall extend to and include all genders. 13.11 Execution of Ayreemenr This Agreement may be simultaneously exer..uted in a minimum of two cowiterparts, each of which so executed shall be deemed to be an original, and such counterparts together shell 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 attempting to inrluence 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 n( any federal grant, the making of any',ederal loan, the entering Into of any cooperative agreement, and the extension, continuation, renevaal, amendment or modification of any federal contract. grant, loan or cooperative agreement If any rands oilier than federally appropriated tuntls have been paid by the Agency to any person for inFluencing or attempting to influence an officer or employee of any ferir_ral agency a Member of Congress, an officer or employee of Congress or an employee of a Memher of t'onyiess in connection vwith this Agreement, the undersigned shall complete and submit Standard I orm-LLL. "f)isclasure Fora: to Report lobbying." In accordance oath ds instructions I he Agency shall regalia That the language of this paragraph be included in the award documents for all subawards at all hers (including subcontracts, subgrants. and contracts under grants, loans and cooperative agreements) and that all }TpTF :'~F :I DFIr1.4 GF 'di lhlthi Gr ~K~VSf JRTkTIpV :~=SO~n.3ri LOCAL AGENCY PROGRAM AGREEMENT rr,~oVSnr.v snra]ar :i .3 'pie la subrecipients shall certify and disclose accordingly State: No funds received pursuant to this contract may he expended for lobbying the Legislature, fhe judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to rneintain any project not on the State Highway System constructed under this Agreement. If the. Agency constructs any hnprovemrnt on Department right-of-way, the Agencyr'xJ will ^ wdl not maintain the improvements made for then useful life 13.14 Vendors Rights: Vendor, (in Ibis document identified as the Agency( providing goods and services to the Department should be aware of lhr following time frames. Upon receipt, the Department has S working days to inspect and approve the goods and servii:es uNess tlw bid specihcahons. pwchase order or contract specifies otherwise. The Department has 2O days t0 delivrl a f2gUC5t for payment (voucher) to Urr. Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received of Ihr goods or services are reserved. inspected, and approved. If a payment is not available within 40 days after receipt of the invoirr. and the receipt. inspection, and approval of goods and services. a separate interest penalty in accordance with Section 215.422(3)(b), Flontla Statutes. will be clue and payable in addition lu the invoice amount to the Agency. Interest penalties of less than one $1 wtll not be enforced unless the Agency requests payment. Invoices which have to be tabooed to the Agency because of Agency preparation errors will result in a drfay in the payment. 1 he invoice payment requirements do not start until a properly completed invoice is provided to Ihr. Department. A Vendor Ombudsman has been established within the Department of Finandal Services. The 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 Umbudsman may be contacted at 850-4'135516 or by calling the State Comptroller's Hotline, 877.693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply ~wth all applicable federal guidelines, procedures, and regulations. If at any lime a review conducted by FHWA reveals that ilia applicable federal guidelines. procedures, and regulatons were not followed by the Agency and FHWA requires reirnbursrment of the funds. the Agency will be responsible for repayment to Ihr Department of all funds awarded under the trans of this Agreement. Federal Economic Stimulus awards do no[ exempt the Agency from adheren<;e to federal guidelines, procedures. and regulations ^aTATC Uf rCORiOA pC/Arn IICNi OF I rtANSH:,R, AI IUN :Y -0t;:~J LOCAL AGENCY PROGRAM AGREEMENT PannucnoNS~rroRr n: mn P.r•~n li IN WITNESS WEIEREOF, the parties have caused these presents to be executed the day an<I year first above written. AGENCY CITY OF MIAMI BEACH, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION r _ ~~_ -- By ` % ray; _ a, e: org I. Gonca r _= Name: ~ r`Ge* ~r~..r `~,., ~y ~Manar~er Title: ~ t _ ~ Gy f-~tQ~v Attest: ~`^~~ ~ ~~ ~ Allesl: Title: Cr 1-y f!,C.b~ll[r Tille: As to to As to form: ~' ~_C 'i w Attorney District Attorney See attached Encumbrance Furrn for date offunding approval by Comptroller. APPROVED A3 TID FORM&LANGUAGE " _^ e4 FOR EXECUTION t/ ~- = -"'City omen .. q Date ~; ~+~" i, 1 $IAIz VF -LUHIpA DC=/JUM_N Or AWN.PUNTAi UN 5250'.^, 4C LOCAL AGENCY PROGRAM AGREEMENT rNO~[Cr rwNAiiva~Ni Ur~lct VWV_' t+5ta EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME 8. BILLING ADDRESS FPN: The Cily of Miami Beach A TTN: Judy Hoanshall 'Lbt'L/t-4 1700 Convention Center Dr, Miami Beach, FL 33139 PROJECT DESCRIPTION Name: Middle Beach Recreational Corridor 13'" 64'" Street Lengih: Aooroximately 9 305 h. TUnnnu. 23'° to 64°' SUl'l'l m MiTun Buaa). adlaounl lu Ulc vmslcnl ~yc of thu wasWl, uurty{ ~y_ SU{y-, FUNDING TYPE OF WORK By Fiscal Year (!) TUTAL PRaecT Fuvos i21 AGENCY Furlos i3j STATE & FFOFRAI FuNUs Planning 200E-2007 2 W 7-ZUUa z~,on-zoos Total Plaunmg Cusl Project Development 8 Environment (PO&E) 2006 2007 ZUU7-2UVa 200n-200A Total PDffE Cusl _ Design 2006-2007 2007 -zoos zoos-zoos zoos-zotn TcsP Total Design Cost ~s7r,,np~ 570.000 isnirian / Right-of-Way 2UUa-"tUC7 zoo?-zocn Zoos-2ao3 Total Ri ht-of-Wa Cost Construction 200&2007 2007.2008 200A-200A ZOUSf•2U7 U Total Construction Cost Construction Engineering and Inspection (CEI) 201Hi-2D07 2007 2Q08 2009 2009 . Mal CEI Cull I o:a'. Coostrucdai end Ctl Costs TOTAL COST OF THE PROJECT $070,000 $5?^.1100 / The Ueparlrnenl's fist:al year bayhls on July t. For thin project funds arr. nut projectrel lu tu: available. until agar the tsl of July of each Gar,21 year. I he UepaAmant will notity the Agenry, in writing, when funds ere 2v2il2ble. STFT_ Gf "~gRIR4 DE^ART+A=N" ~ff i9ANSP:IRT..; ON 5:" 0' ^bt LOCAL AGENCY PROGRAM AGREEMENT vraeuecr r.,nNnctraeNl orFict vaw Fie EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Agreement between the Stale of Florida. Deparbnenl of Transportation and PROJCCT LOCATION. The project _ is X is not on the National Highway System. The project _ is X is not on Il~le Stale Highway Sysfem. PROJECT DESCRIPTION, The Middle Beach Recreational Corridor Project (MBRC) will create amulti-purpose. ADA compliant public access wrridor, which will Traverse along the western edge (upland side) of the coastal dune system. The MBRC will be located immediately east of the oceanfront properties between 46'" Street and 64'h Street in the Cily. This corridor will serve as a link in the Atlantic Greenway Network (AGN) and a connection to businesses, residential areas, schools, parks and beaches to promote alternative transportation via bicycling or walking. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Protect Assistance that well 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 oral funding action, and the funding acUOn 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 Departrnenl 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_ b) Design to be completed by 06!13 c) Right-of-Way requirements ident~ed and provided to tho Department by d) Right-of-Way to be certified by . e) Cons!«fclion contract to be let by f) Construction to be completed by If this schedule cannot be met, the Agency wit! notify the Department in writing wdh 8 feViFP.d 3CI1P.(tule Of [he. prOJP.Ct Is subject to the withdrawal of federal (unding. SPECIAL CONSIDERATIONS BY DEPARTMENT: jTPTC C'rCC?IGA GER>RTFIA;i nF iP.ANRPOR'ATION ZoCt:~•'~D LOCAL AGENCY PROGRAM AGREEMENT rKOwcnon':urFORT _am Prim EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following Federal Agency: Federal ITighway Administration CFDA #: 20.205 Highway Planning and Construction Amount: S 570,1100 Compliance Requirement Allowabte Activities: To be eliyible, most projects must be located on public roads that are not functionally classified as local. the major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for badges on and off the federal-aid highways. highway safety activities, bicycle and pedestrian protects, transportation enhancement activities, the rrcreational trails program, and planning, research. development, and technology transfer Proposed projects rneeling these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of stale 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 CF R and the OMR cost principles applicable to the redpienUsub-recipient. ~al-aid highway program is a federally assisted state program that requires each state to have ~anized transportation department. Therefore. most projects are adrninislered by rir through ,portation (State DOTs). Protects to be funded under the federal-aid highway program are DOTS or Metropolitan Planning Organizations (MPOs), in woperalion with appropriate local U.S.C. and implementing regulations. Territorial highway projects are funded in the same highway projects, with the territorial transportation agency functioning in a manner similar to a Land Highway Program (FLHP) pro)ects are administered by the Federal Highway :e of Federal Lands Highway and its Divisions or by the various Florida Land Management he FLHP, protects in the Indian Reservation Road (IRR) Program are selected by Tribal >ved by the Bureau of Indian Affairs (HIA) and the FHWA. Due to recent legislation. Tribal in requrements may now administer various IRR projects on behalf of the BIA and FHWA. .e (FWS) and the National Park Service. (NPSj select projects in the Refuge Road and Park ems, respectively. For the Forest Highway Program, the Forest Service, the States and the 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 reyuirernenls in Sections 112.UG1, 215.422, 339.12, and 339 135. Florida Statutes. and Title 23 antl Title 49. GF.R.