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Program Agreement w/ The State of Florida Department of Transportation • :MUMS*eq DI PlainWNW's!DeItud all MO Jtgiut e_seAPAI 3#Johi sill III Isenboi uogepthudde 9,1040;1100a cap pAixelde 0/4181s1691 1 • 3413014ns 91 sise3r4904c1 WIPP el 0011000jutd patupedea Ian poopepurrq luau10016V npep• 10al411994 4w:wave egutooknOdpilied.wpwpedea JojejqOe 911:00139kud uj inajam sin p11011001toop eta yam uopeuuoz paurottutpjap.Ape pue.pekod-map pooleirateig 00000x.e ts!sasuatbco peeq 01 steal vanclissti 0111 100101/1101901m19 901199910 Pri1910.1311149130101c1'94110-119901.09 P9 largos 0111 10 9911ettlgualP -uodn.wmpat.I.0110seas211f,a14e*impidgyped•satosupedectela •140110clogied pie-mapti jo WatitUe lereoe steel PRAM ase Mattlek spinij.wigi.awy sqPnPuilunoum 5juj *mg uj paqmsep ANN wow SC pup 000•0007.440 wow tAintypnnastoolthilstepalcua ow to seetippied al swift piewuestea eta vi TS tIcleifimed peppitud-te Uppwpuetueue puostraexo peurpu Aq 014)0W eq AOW 4NPFS3 1JSWPS03V'SW)ul.PelPr.40109u1 PIM POMP 119111x3•9!emerifiasti 159uetu4•10 9199943S-9M1 4900 Meg s1.11160.190 0111.L.-1100V.5£'e I-911010m Bill 19 1000 paxwase aqj :1F03-19efo4d "t; lued4iNaasip Aq Perapell1q92 99100 WA wawoagkrsitalo-wialait48110 pakoopart.1.000.40040.1000911.1. 7130a1/41.04140.0011eMenel POzeplSUErieqIkma itleataaft Sap uogegdxs 1ueiusEitIV0gn JO uoge.014041914000 wa1Wdga.4.4 44.4uppitaUj paluelf pus 1uduiageipq poisimb.ei SJ Doped own•,t4:10 isopubpi*uø!sap -;ste4Seied uj.papplaid sq.poneidtuci3 PaloP0iPs ali).104012.4901.041 IA9:9.460116%4R11.169#sit011111/91:4 901/10011.011111M13819m,91119131duxb19110009 u010goRki Nur...mum/a tuojeg.101101001041 01010010p*04 tear*luoicIpOtt UttaweaArnii,o.uuej it • ' • . 78191(1.1103 9990491.91/91)9.9 99 111t#19810k1.9111!.13111,0 4 43443010.111414/1190 01 P90 VaPlAwdeg IVA..sP99119e9Ried00-11911104:110iln:suompuO0 poe sumpt megew!luppigew len o esuemsse lepupuBuawpedo3*00;#.. -tisalpicalustUestitk -411:Ppietochoute tit.wpm*IsagupPUS dsoli uoggpsea-0021d.`alt:41€.1”1 ..4!PactIPS99q 41411SB'NivmHoyas Boyda-nsoo.4/10EISHItION. • gong1pw0satgwitieglecreql;m1 epytascli:si sfl1waajy siiitlaoottlitt-Oia..-4.00ippeggloasectsna- -7t -11P-1109 s.11110109111001151i'-4111114103030 91 s1891//00a;P0419141.99.'s.M1.11031000.16*-sup jo IJEd e epew OPe-A„tqppra SP PPIPPile s cpqp Moo S.%0AMPlane.IPM110.4PIiiiPi 484;00 il4Inicasati 4y440ed euj •*seir488S eppoid- wipes -Wposzid S.014**--.800.0444.44)4'1.?a0cmjinp 0110austsedoci-aim •titipimilif ;Bup.Aaffai eta ffiesakt •sa111Pci alp 11001wel 041 UquonB.clmadvicif 1.014Pem4fi.).8991APW5.1 0.41114:041jouonempisucoui latioAniu,'MON 1,343100. ta.).VE.f.3E1*nrysioN!aaLLLPutt tlik=n4sedecla ePlsobl 10.431S 641° •• • .04‘12-1004S PalnestiMMIX OZOVOT/8 Aduatie(IC'uogepadsugu.49.100i0pedep 8p0014 JO•wigs uwfflog•pm Aq-" .-- uo 03LI • mews SJ• twou9al6.4 •;...11+8113*10V rayosgma " A3N3DV 11/001 51141 • uoi#1010096 PUBpuluusid-Aei.m15114!0O; 41/0100 eautrijtsV 3100W00 jesePia boleie'S ..• . SN'na lual00%1 SOOt/c0009813A:oN lueldFsel . • - • .-*Ve4000. • aPealweIVV-LIVoN Auno0 Ici0 • 190-111Y14 - • - :icio Hand !claiddv uftru -. • • -• .4icuddv www • Acuddll :PP00.040 • 4306 630 :WO WO :pions • " :IRMA Tutu PleAW PahaPe3 eieapy taleliaA lataPeA :(Niv4)oN 1949p' . • :NW):oN lan1/94 Hama 4I*' )ON tegePeA • 4skli • :f4d4 )4j2a -11780Pti:Nd3 CIA Wed • TO00000 INNE131191/WV210011d.A0N3V1V001 al3PEIENNWINVIIEGbd MOILV.410~4 4011E1114Vd33 VCRICIU.1031,1S CaratOSS ISL3ISZLACIOMSVIg0-6931-1933LL30:01 sdotaAsa U6IS5300 t6Z E bz -c) 10 DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 'STATE OF FLORIDA DEPARTMENT OF TRANSPOP TAT(ON 5T5-07p-0p LOCAL AGENCY PROGRAM AGREEMENT O oc MANAGEMENT Pago2oi15 h. Availability of funds as stated in.paragraphs 5.t.and 5.m:of this Agreement; Iii, Approval of all plans;specifications;contracts or other obligating documents and all other terms of this Agreement;and iv, Department approval-ofthe Project scope and budget at.the time eppropriatlon.authority becomes available, -S. Requisitions and Payments a. The Recipient shall provide quantifiable,measurable,and verifiable units of deliverables. Each deliverable must specify the requiredminimum level of service to be performed and the criteria for evaluating.successful completion. The Project and.the quantifiable;measurable,and verifiable units of deliverables are described more fully in Exhibit"A": b. Invoices-shaft be submitted bythe'Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable,measurable and-verifiable units-of deliverables as established in Exhibit"A". Deliverables:must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by The Recipient shall include an Invoice,progress.report and supporting.documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. .c. The Recipient shall charge to the.Project account all eligible-costs of the Project except costs agreed to be borne'by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs.All costs charged to the Project, including any approved services contributed by the Recipient or.others, shall be supported by properly executed payrolls,time records,Invoices,contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. 'Supporting documentation must establish that the deliverables were received and accepted in Writing by - the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit"A"was Met. All costs invoiced shall be supported by properly executed payrolls,time records,invoices,contracts or vouchers evidencing In proper detail the nature and propriety of charges as described In Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06-and will be paid in accordance with Section 1.12.061, Florida • Stetutes anitthe most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorised by the Chief Financiai Officer of the State of Florida under Chapters 215.and 216, Florida. Statutes or the Department's Comptroller under Section 334.044(29),Florida Statutes. 0 If this box Is selected, advance payment is authorized for this Agreement and Exhibit "H",. Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the-Recipient is unsatisfactory,the Department shall notify the Recipient of the deficiency to be corrected,which correction shall be made-within a time-frame to be specified by the Department.The Recipient shall,.within thirty(30)days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the correctiveaction plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the-non-performance.The Recipient will not be reimbursed until the Recipient resolves the deficiency.If the deficiency is subsequently resolved, the DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 9TATEOFFI.ORIOAOEPART?E111,OFTRANSPORTATION 525-010-90 LOCAL AGENCY PROGRAM AGREEMENT PRCGRAOGCOOc0 911 91r Pa293of15 Recipient may bill the Department for the unpaid reimbursement requests)during the next billing period.if the Recipient is unable toresolve the deficiency,the funds;shall'be forfeited.at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames: inspection and approval of goods orservices shad take no longer than 20 days from the Department's receipt of the invoice. The.Department has 20 days•to deliver a.request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latterof the date the invoice is received or the.goods or services are received;inspected,and approved, If a:payment Is not available.within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and,payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1)dollar will notbe enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because Of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do'not start until a properly completed invoice is Provided to the Department. A Vendor.Ombudsman has been'established within the Department of Financial Services, The duties of this individual include acting,as•an advocate for Agencies who may be experiencing problems In obtaining timely payment(s)from a state.agency. The Vendor.Ombudsmen may be contacted at(850)413-5516. h. The Recipient shall maintain an accounting system Or separate accounts to.'ensure funds and projects are tracked separately. Records of costs incurred under.the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is'•made. Copies of these documents and.records shall be furnished to the Department upon request, Records of costs incurred include the Reclpfent's.general accounting records and the project records, together with supporting documents and records, of the contractor and al( subcontractors.performing work on the project,and all other records of the Contractor and subcontractors Considered necessary by the Department for a proper audit of costs. I. Prior to the execution of this Agreement;a Project schedule of funding shall,be prepared by the Recipient and approved by the Department. The.Recipient 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 latestapproved schedule of funding for'the Project. The schedule of funding maybe revised by 'execution ale Lobel'Agency Program (SLAP')Supplemental Agreement between'the Department and the Recipient. The Recipient acknowledges and.agrees that funding for this project may be reduced upon determination of the Recipient's contract award J:. If, after Project completion,•any•claim le made by the Department resulting from an audit or,for work or services performed pursuant to this Agreement,the Department may-offset such amount from payments- due for work or services done under any agreement which it has with.the Recipient owing such amount if, Upon demand,payment of the amount is not made within 60 days to the Department. Offsettingany amount pursuant to this paragraph shall not be considered a breachof contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,funds approval from the Department's Comptroller must be received each fiscal year priorto costs being incurred,• :See 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 Recipient,in writing,when funds.are available, m. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6)(a),Florida Statutes,are hereby incorporated: • DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 81 AYEt]FFLORIDAOEFAR' ENlOFTRANSpcRTA11oN 525EMENT LOCA • L.AGENCY PROGRAM AGREEMENT PRc GRAOGGo0aow o Page 4br15 "The Department, during any fiscal year, shell not,expend money, incur any liability, or 'enter into any contract which,by Its terms,involves the expenditure of money in excess of ithe 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 contract. The Department-shall require a statement from the comptroller Of the Department that funds are available prior to entering,into any such contract or other binding'commitment of funds. Nothing herein contained shall prevent the making of. contracts for periods exceeding 1'year, but any,contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for In succeeding fiscal years,and this paragraph shall be Incorporated Verbatim in all contracts.of the Department Which are for an amount in excess.of$25,000 and which have a term for a period of more than 1 year."' 6. Department Payment'Obligations: Subject to other provisions of this Agreement, the Department wilt honor equests,for reimbursement to the Recipient pursuant to this Agreement.. However, notwithstanding any other provision of this Agreement; the Department may elect by notice in writing not make.a payment if: a. The.Recipient shall have made misrepresentation of a material nature in its application, or-any supplement or amendment to its application,or,with respect to any,document or data furnished with its application or pursuant to this Agreement;. b. There Is any pending litigation with respect'to theperformance by the Recipient of anyof its duties or obligations' which may jeopardize or adversely affect the Project,•the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the. _ approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.:Or e. The Recipient hasbeen determined by the Department to be In default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"),or the Department acting in lieu of FHWA,may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred'by the Recipient prior to the Department's issuanceof a Notice to Proceed("NTP"),costs incurred after the expiration of the Agreement,costs which are not provided for in the latest approved schedule of fiinding in Exhibit"B"for the Project,costs agreed to be borne by the;Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contractor other arrangements which have-not been approved In writing by-the Department. 7. General Requirements: The Recipient shall complete.the Project with all practical dispatch, in a sound, economical,-and efficient manner, andin accordance with the provisions in this Agreement,and all applicable laws. The Project will be performed in accordance with all;applicable Department procedures, guidelines, manuals, standards, and directives as described in the.Department's Local Agency Program Manual(FOOT Topic No.525=010-300),which by this reference is made a part of this Agreement. Timeis of the essence as'to•each'and,every obligation under this Agreement. a. A full time employee of the Recipient,qualified to ensure that the work being pursued is complete,accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project,which employee should be able to,perform the following duties and functions: 1. Administers inherently governmental project activities, including those dealing with cost,time, adherence to contract requirements,construction quality and scope of Federal-aid projects; DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 925-010-00' LOCAL.AGENCY_PROGRAM AGREEMENT PROGRAM MANAGEMENT ocF 9�9 Page 5 a11S II. Maintains familiarity of day b day Project operations, including Project safety issues; M. Makes or participates in decisions about,changed conditions or scope changes that require. change orders or supplemental agreements; iv. Visits and reviews the Project on afrequency that iscomrnensurate With the magnitude and complexity of the Project; v. 'Reviews financial processes,transactions and.doc umentation to ensure that safeguards are In, place,to minimize fraud,.waste,and abuse; vl. Directs Project staff,agency or consultant,to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications,assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project,the Recipient shall be obligated to submit an invoice Or other request for reimbursement'to Via Department no less than once every 90 days (quarterly)i beginning from the day the NTP is issued. If the Recipient,fails to submit quarterly invoices to the Department,and in the event the failure to timely submit invoices to the Departmentresults in the FHWA removing any unbilled funding or the loss Of state appropriation authority(which may include,the loss of state and federal funds,if there are state funds programmed to the Project),then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project:The Recipient waives the right to contest:such removal of funds by the Department,if the removal is related to FHWA'swithdrawal of funds or if the removal is related b the loss of state appropriation authority. In addition to the loss of Funding for the Project,the Department will'also consider the de-certification of the Recipient for future LAP Projects. No cost may be Incurred 'under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty(30)days from the date.the Department issues the NTP to advertise the Project. If the Recipient'is not able to meet the scheduled advertisement, .the Department District LAP Administrator should be notified as soon as possible: c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to'the Recipient, and the Project is off the'State.Highway System, then the Department will haveto request repayment for the previously billed amounts from.the Recipient. No state funds can be used on off-system projects,unless authorized pursuant to Exhibit'('!,State Funds Addendum,which will be attached to and incorporated in this Agreement in the event state funds are used On the_Project. d.. In the event that any election,,referendum,.approval, permit, notice or other proceeding or authorization is required under applicable law to enable the.Recipient to enter into this Agreement or to undertake the Project or to observe,assume or carry out any of the provisions of the Agreement,the Recipient will initiate and consummate,as provided by law, all actions necessary with'respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements,to enable the Recipient toprovide the necessary funds for completion of the Project: f. . The Recipient shall submit to the Department such data;reports,records,contracts,and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such subrnisslons using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws,the regulations in 23 Code of Federal Regulations(C.F.R.)and 49 C.F.R.,and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost(23 C.F.R. 1.9(a)). 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 DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 'STATEOF FLORIDA DEPARTMENT OF.TRANSPORAT1ON 525-010-10 LOCAL AGENCY PROGRM AGREEMENT PROGRAM oc.r"ooc Pap 6 of 1s supported:and the Department shall notify the Recipient In writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable.non-compliance with provisions of law or FHWA requirements exists federal funds maybe withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part.or in total. For any amounts.determined to be ineligible for federal reimbursement for which the Department has advanced payment,the Recipient shall promptly.reimburse the Department.for all such amounts within 90• days of written notice. h. For any project requiring additional right-of-way, the Recipient must_submit to.the Department•an annual report of its real property acquisition:and relocation assistance activities on the project. Activities shall be ,reported on a federal fiscal year basis,from.October 1 through September 30: The report must be prepared using the format prescribed in 49 C.F.R.Part 24,Appendix B,and be submitted to.the Department no later than October 15 of each year. ;8: Audit Reports: The administration of resources awarded through.the Department tO the Recipient by this.Agreement may be subject to: audits and/or monitoring by the Department.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general,the State of Florida Auditor General;orany other state official.The Recipient shall comply with -all audit and audit reporting requirements as specified below,. a. In:addition to reviews of audits'conducted in accordance with 2 CFR Part 200, Subpart F—Audit Requirements, monitoring procedures may include,but not be limited to,on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports,following up, ensuring corrective action.and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply arid cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.The Recipient further agrees to comply and cooperate With any inspections,reviews,.'investigations, or audits deemed necessary by the Department,State of Florida Chief Financial Officer("CFO"),or State of Florida Auditor General. O. The Recipient,anon-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreementis subject to the following requirements: I. in the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements,the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient.to further comply with the requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year,the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs,including the federal award provided through the Department by this Agreement.The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F— Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200,Subpart F—Audit Requirements,will meet the requirements of this part. • ii_ In connection with the audit requirements; the Recipient shall fulfill the requirements relative to the-auditee responsibilities as provided in'2 CFR Part 200,Subpart F=.Audit Requirements. Ili, In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit "Requirements; in federal awards, the Recipient is exempt front'federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the. Department at FDOTSIngleAuditAdot.state.fi.us no'later than nine months after the end of the Recipients audit period for each'applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR' Part 200; Subpart F -Audit Requirements, in federal awards in a fiscal year and'elects to have an audit conducted in accordance with the.provisions of 2 CFR Part 200, Subpart F—Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the 'cost of such an audit must be paid'from the Recipient's resources obtained from Other than federal entities). DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 • STATE OF FLORIDA DEPARTMENTOF TRANSPORTATION 52S-010-40 LOCAL AGENCY PROGRAM AGREEMENT �OGfL1go oc GEMENT Page 7 of 7S' iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC') at https//harvester.census.gov/facweb/:the audit reporting package as required by'2 CFR Pert:200,Subpart F— Audit Requirements,within the earlier of.30 calendar days after receipt of the auditor's report(s)or nine months after the end,of the audit period,The FAG is the repository of record for audits required.by 2 CFR Part 200, Subpart'F—Audit Requirements,and this Agreement. However,'the.Department requires a copy of the audit reportingpackage also be submitted to FDOTSinoleAuditnu dotState.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine Months after the end of the audit periodas required by 2 CFR Part 200,Subpart•F—Audit Requirements. V. Within six months of'acceptance of the Audit report by the FAC,the.Department will revleW'the Recipient's audit reporting package; including corrective action'plans and management letters, to the extent necessary to determine whether timely and appropriate-action on all deficiencies has been taken,pertaining to the federal award provided through the Department by,this Agreement.If the Recipient fails to have an audit conducted'in accordance with 2 CFR Part 200, Subpart F—Audit Requirements, the Department may impose additional conditions to;rernedy.noncompliance. If the Department determines that noncompliance cannot be remedied by imposing,additional conditions,the Department may take appropriate actions to enforce compliance,which actions may include but not be limited to'the following,. 1. Temporarily withhold cash payments pen ding:correction ofthe deficiency by the Recipient Or more severe enforcement action by the Department; 2: Disallow(deny both use of.funds and any applicable matching,credit for)'all or part of the cost of the activity or action not in compliance;, 3. Wholly or partly suspend or.terminate the federal award; 4. Initiate suspension or,debarment proceedings as-authorized under 2 G.F.R, Part 180 and federal awarding agency regulations(or in the;case of the Department;recommend suchh a proceeding be Initiated by the,federal awarding.agency); 5. Withhold further federal awards.for the Projector program; 6. Take other remedies that may be legally available. wi:. As a condition of receiving this federal award,the Recipient shall permit the.Department or its designee,the CFO', or State of Florida Auditor General access to the.Recipient's records includingfinancial statements,the independent auditor's working papers,and project records as•necessary_Records related to unresolved audit .findings,'appeals,or litigation shall be retained until the action is complete or the dispute is resolved_ vii. The Department's contact information for requirements under this part is as follows: Office ofComptrofler, MS 24 505 Suwannee Street 'Tallahassee,Florida 32399-0450 .FDOTSingleAudit ,dot.state:fl:us c. The Recipient shall retain'sufficientrecords demonstratingits compliance with the terms of this Agreementfor a period of five years from the date the audit report Is issued and shall allow the Department or its designee;the CFO,or State of Florida Auditor General access to such records upon request.The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General`upon request fora period of five years from the datethe audit reportis'issued;unless extended in writing by the Department. a- Termination or Suspension of Project: The Department may, by written notice,to the.Recipient, suspend any or all of the Department's,obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected: a. If the Department intends to terminate'the Agreement,-the.Department shall notify the Recipient of such termination in writing at least thirty(30)days prior to the termination of the Agreement,with instructions to the effective date of termination or specify the stage Of work at which the Agreement is to be terminated. DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 I 5FA7E OF FLORIoq OEPARrMENi OF Tf1N5PoRTAitoN525-010-40 eFIOGRAMiMNAGEME,'9 LOCAL.AGENCY PROGRAM AGREEMENT ocGOoc-who Page B of 15 b: The Parties to this Agreement.may'terrninate'this Agreement When its continuation would not produce. beneficial results commensurate with the further expenditure of funds:to this event,the Parties shall agree upon the termination conditions:. b. If,the Agreement is terminated beforeperformance is completed, the Recipient shall be paid only fol that work satisfactorily performed:for which costs can be'substantiated:.Such payment however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the ,Project is located on the Department's right-of=way, then:all work in progress on the Department right-of- •way will become the property of the Department and Will be turned over promptly by the Recipient. d, In.the event the Recipient fails to perform'or'honor the requirements and pro"vistons of this Agreement,the. Recipient shallpromptly refund in full to the,Department Within thirty(30) days of the termination of the Agreement any funds that were determined,by the Department to have been'expended in Violation of the Agreement., e. The Department reserves, the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records-provisions of Chapter 119, Florida Statutes: 1t7. Contracts of the Recipient:. a, Except as otherwise authorized in writing by the Department,,the Recipient 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. Failure to .obtain such approval shall be' sufficient cause for nonpayment by the Department The Department specifically reserves the right to review the qualifications. of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b, 'it is understood and,agreed by the parties to this Agreement thatparticipation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida.Statutes, Consultants'Competitive Negotiation Act;the federal Brooks Act,23 C.F.R.172;and 23. U.S.C.112, At the discretion of the Department,the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases,the Recipient,shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c- The Recipient'shall comply with, and require its consultants and contractors to.comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FI-IiWA-1273 form as set forth in.Exhibit"G",FHWA 173 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with'contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life,health and safety of the travelling public. The safety of the travelling public is the Department's first,priority for the Recipient. ii. Disadvantaged Business Enterprise(DBE)Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C,F.R: Part 26, as amended, shall have the opportunity to participate inthe performance of contracts financed in whole or In part with Departmentfunds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Recipient 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 and contractors shall take all necessary and,reasonable steps.in accordance with applicabie federal and state laws and regulations.to ensure that the.DBE's'have the opportunity to compete for r and perform contracts. The Recipientand its contractors and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance ofcontracts,entered pursuant to this Agreement. DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 ( STATE OF FLCRJDA DEPARTMENT Of TRANSPORTATION625=0tE-00 PROGRAM MANAGEMENT. LOCAL AGENOY PROGRAM AGREEMENT comae-Oa/19 Page 9 of 15 92. Compliance with Conditions and Laws: The-Recipiept shall comply and require•its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state,and local laws and regulations applicable to this Project. Execution of.this Agreement constitutes-a certification that the Recipient is in compliance with, and will require itscontractors and subcontractors to. comply with, all requirements• Imposed .by, applicable federal; state; and local laws and regulations; including the "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," in 49 C.F.R.Part.29,and 2'C:F.R,Part 200 when.applicable. 7a. • Performance Evaluations: Recipients are evaluated on a project-by project basis: the evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the.Recipient no more than 30 days after final acceptance a. Each evaluation.will result in one of three ratings. A:rating of Unsatisfactory Performance means the Recipient failedto develop the Project In accordance with applicable federal and state regulations; standards and procedures, required excessive.Districtinvolvement/oversight, or the Project was brought In-house by the Department, A rating of Satisfactory Performance means the Recipient developed the Project in accordance withapplicable.federal and state regulations,standards and procedures,with minimal District involvement/oversight A rating of Above Satisfactory Performance means the,Recipient developed the Project in accordance with applicable federal and state regulations,standards and procedures,and the Department did not have to exceed the minimum oversight and monitoring requirements identified forthe project: b, The District will determine which functions Can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions,Prohibitions,Controls,and Labor Provisions: During the performance,of this Agreement, the Recipient agrees.as follows,and agrees to require'its contractors and subcontractors to;include in each subcontract the following provisions: a. The Recipient will comply with all the requirements imposed byTitle VI of the civil Rights Act of 1964,the regulations of the U.S,Department pf Transportation issued thereunder,and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit"C",Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964',49 C.F.R. Part 21,and related statutes and regulations. b. The:Recipient will comply with all the requirements as imposed by the ADA,the regulations of'the Federal Government issued thereunder,and assurance by the Recipient pursuant thereto: c. A person or affiliate whohas been,placed on the convicted vendor list following a conviOGon for a public entity crime may dot submit a bid en a contract Eo 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 entity;may not be awarded or perform work as a contractor,supplier,subcontractor orconsultant under a contract with any public entity;and may not. transact business with any public entity in excess of thethreshold amount provided.in.'Sectidn 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. d. .In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services,may notsubmit a bid on a contract to provide goods or services to a public entity;may not submit a bidion a contract with a public entity for the construction or repair of a public building or public work;may not submit bids on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity. .. I } DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 i STATE OF FLORIDA DEPARTMENT OFTR.NSPORTATION PROGRAMMANAGEMENt LOCAL'AGENCY PROGRAM AGREEMENT 00000C-osi19 Piga 10'a115 é. Anentity oraftlliate,who has had its Certificate-of Qualificaticn.susperided,revoked;denied.or have further. been:determined by the DePartment to be a non-responsible contractor may not Submit a bid or perform work for the construction or repair'of a public building or public work on a contract with the Recipient. f' Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection With.the Project or any property'included or planned to be. Included in the Project in which•any member, officer or employee-of the Recipient 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 involuntarilyacquires or had acquired prior to the beginning of tenure any such interest, and if such,interest is,immediately disclosed to the Recipient, the Recipient, with'prier approval of the. Department,may waive the prohibition contained inthis paragraph provided that any such present member, officer or employee shall not'participate in any action by the Recipient or the locality relating to such contract subcontract or arrangement The Recipient shall insert inall contracts entered into in connection with the.Project or any property Included or planned to be included in any Project, and shall require ifs contractors to insert in each Of their subcontracts,the following provision; "No member,officer or employee of the-Recipient or Of the•lobelity during his tenure or for 2 years thereafter shall have any interest,direct or indirect,In thia.contract or the proceeds thereof:" The provisions:of this.paragraph shall not be applicable-to any agreement between the Recipient and its fiscal depositories or to any agreement'for utility services the rates for which are fixed or controlled by a governmental agency. :g. No member or delegate to the Congress 6f the United States shall:bp admitted to any share or part of this Agreement or any benefit arising therefrom. 15: Indemnification and Insurance: a. It is specifically-agreed between the parties executing this Agreement that itis not intended by'any of the provisions of any part of this Agreement to.create in the public or any member thereof, a third-party beneficiary'under.this Agreement;or to authorize anyone•not a party to.this Agreement,to maintain a:suit for personal injuries or property damage pursuant to theterms or provisions of this Agreement The. Recipient guarantees the payment of all just claims for materials, supplies, tools, or la_ bor,and other just claims-against the Recipient or any subcontractor, in connection with this Agreement b. To the extent provided bylaw,Recipient shall indemnify,defend,and hold harmless the Department against any actions;claims,or damages arising out of,relating to,or resulting from negligent or wrongful act(s)of Recipient or any of its officers,agents,or employees,acting,within the scopeof their office or employment, in connection with the rights granted to or exercised by Recipient hereunder,to the extent and within the limitations of Section 768.28, Florida Statutes.The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes,Section 768.28,nor shall'the same be construed to constitute agreement by Recipient to indemnify the.Department for the negligent acts or omissions of the Department;its officers; agents, or employees, or for the acts of third parties: Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement.This indemnification shall survive the termination of this Agreement. c: Recipientagrees to include the following indemnification in all contracts with,contractors,subcontractors, consultants,or subconsultants(each referred to as"Entity"for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold' harmless the (RECIPIENT]and the State of Florida, Department of Transportation, including the Department's officers,'agents, and employees, against any actions, claims, or damages arising outef, relating to, or resulting from negligent or wrongful act(s) of:[ENTITY] or any of its officers, agents, or employees, acting within the scope of their office:or employment, in connection with the rights granted to or exercised by[ENTITY]hereunder,to the extent and within the limitations of Section 76828,Florida Statutes: DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-f0 LOCAL A_ GENCY PROGRAM AGREEMENT PRDGRAoocio c-9, Paso 1 cf 15 The foregoing indemnification shall not constitute a waiver of-sovereign immunity,beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same. be .construed to constitute agreement by [ENTITY] to Indemnify [RECIPIENT] for the negligent acts Or omissions of [RECIPIENT],its officers,agents,or employees,or third parties. Nor shall the same be,construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of. the Department,. its officers, agents, or employees, or third patties. This 'Indemnification shall survive the termination of this Agreement. .d., The Recipientshall, or cause'Its contractor or consultant to carry and keep in force,during the term of this Agreement, a general liability insurance,policy or policies.with a company or companies authorized to do business in.Florida,-affording publicliabllityinsurance with combined bodily injury limits of at least$200,000 per person and $300,000 each occurrence, and property damage insurance of.at least $200,000 each occurrence,for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor.or•consultant to carry and keep in-force Workers'.Compensation insurance as required by the State of Florida-under the Workers'Compensation Law. With,respect to any general liability Insurance policy required pursuant to this.Agreement, all such policies shall be Issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department.to be en additional insured prior to commencing any work under this Agreement. Policies.that include Self Insured Retention-will not be accepted. The certificates and policies shall provide that in the-event of any.material change in or cancellation of the policies reflecting the required coverage,thirty days advance notice shall be given to.the Department or as,proviided In accordance with Florida law. 16: Maintenance Obligations: In the event the Project includes construction ,then the following provisions are incorporated into this Agreement: • .a: The Recipient agrees to maintain any portion of the Project not Iodated on,the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way,the Recipient ®shall ❑shall not,. maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a formthat is acceptable to the Department.The Recipient has agreed to the foregoing by resolution,and such resolution is.attached and incorporated into this Agreementas Exhibit"D This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations,and will reimburse the Department for any loss Incurred in connection therewith: The Recipient will be responsible for securing any applicable permits. The Recipient shall include In all Contracts and subcontracts for amounts in excess of$150,000,a provision requiring compliance with all applicable standards,Orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33-U3.C. 1251- 1387). b. The Department,shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c: In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the.Department,while any such breach or default shall exist, shall in no Way impair or.prejudice any right or remedy available to the Department with respect•to such breach or default. DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 I I STATE OFFLORIDA DEPARTMEMOFTRAMSP°RiyMoN g 1 LOCAL AGENCY PROGRAM AGREEMENT Ps°moMANAGEMENT , Page 12 of 15 d;. if any provision of this Agreement is held invalid,the remainder Of this Agreement shall not be affected.. In such an instance, the rema"nder would then continue to conform to the terms and requirements of applicable law.. e: By execution of the Agreement, the.Recipient,represents that It has not,paid,and, also agrees not to pay,, any bonus or commission fo," the purpose of obtaining an,approval-of Its application for the financing hereunder. f, ,Nothing in the Agreement shall require,the Recipientto observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law.If any of the provisions' of the Agreement violate any applicablestate law,the Recipient wilt at oncenotify the Department in writing in order that appropriate changes andmodifications may be made by the Department.and the Recipient to the end that the Recipient'may proceed as soon as possible with the Project._ g. in the.event that this Agreement involves constructing and equipping of facilities,the Recipient 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 Recipient a written approval with anyapproved 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 Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities'on the Project, the'Recipient must'certify compliance:with all applicable federal and state requirements: Certification'is required prior to authorization for advertisement for or solicitation of bids forconstruction of the Project,including if no right-of-way is required. I, The Recipient will certify in Writing,prior to Project-closedutthat the Project was completed in accordance with applicable pians and specifications; is in place on the Recipient's facility, adequate title Is in the Recipient's name,and the Project is accepted,by the Recipient as suitable for the intended purpose. The Recipient agrees that no_federally:appropriated funds have been paid;or will be paid by Or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency,a Member of Congress;an officer or employee of Congress or an employee of a Member of Congress in,connection with.the awarding of any federal contract, the making of any federal grant,,the making of any federal loan,the entering Into of any cooperative,agreement,and the extension,continuation,. renewal,amendment or modification of any federal contraut,grant,loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency;a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement,the undersigned shall complete and',submit Standard Form-ILL,"Disclosure.Form to Report lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included It; 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, No funds received pursuant to this contract'maybe expended for lobbying the Legislature,the judicial branch or state,agency_ $c: The.Recipient may not permit the Engineer of Record to perform Constriction;Engineering and Inspection services on the Project. I: The Recipient shall comply withall applicable federal guidelines; procedures, and regulations. If at any time a review conducted: by Department and or FHWA reveals that the applicable federal guidelines, procedures,and regulations were not followed by the Recipient and.FHWA requires reimbursement of the funds,the Recipient will be responsible for repayment to the.Department of all funds awarded under the terms:of.this Agreement. m. The Recipient shall: DocuSign Envelope ID:DC77EEB1-1C69-4A63-A5C4-9DDF1251 Cl 57 STATEOF FLORIDA DEPARTWENr OF TRANSPORTATION' 8'• PROGRAM MANAGEMENT T LOCAL AGENCY PROGRANt AGREEMENT occr00C7oen9 Page 13of 18 f. ,utilize the US. Department of Homeland Security's E-Verify system'to verify, the employment eligibility of alt new employees hired by Recipient during theterm of the contract;.and :l. expressly rrequire any contractor and subcontractors performing Work or -providing services pursuant to the state contract to.likewise utilize the U.S. Department of Homeland Security's.E- Verify system to verify the employment eligibility of all new,employees hiredby the subcontractor during the contract term. rt. This Agreement may be executed in one or,morecounterparts,each of which shall be deemed an original, but all of which. shall constitute the same Agreement. A`facsimile or electronic'transmission of this. Agreement with a signature on behalf of a party will be legal and binding on such.party, o. the Parties agree to comply with§.20.055(5), Florida Statutes, and to;incorporate in all.subcontracts the obligationto comply with s.20.055(5),Florida Statutes.. p. if the Project Is procured pursuanttoChapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project isto be paid from state-appropriated funds, the Recipient Must comply with the requirements of Section.255.0999, Florida Statutes. 18. Exhibits: a. Exhibits"A","B","C","D", "E".and"F"are attached to and incorporated into this Agreement, b. ,❑ If this Project includes Phase.58'(construction) activities, then Exhibit"G", FHWA FORM '1273, is attached'.and.incorporated into this.Agreement. c. 'QAltemative Advance Payment Financial Provisions are used on this Project If an Alternative Pay Method is used on this.Project, then Exhibit"H", Alternative Advance Payment Financial Provisions, isattached and incorporated,into this Agreement. d. 0 State funds are used on this Project. if state;funds are used oh,this Project, then Exhibit"I", State Funds Addendum, is attachedand incorporated into this Agreement. Exhibit "J", State Financial Assistance(Florida Single Audit Act),is attached and incorporated Into.this Agreement. e. 0 This Project utilizes Advance Project Reimbursement. if this Project utilizes Advance Project Reimbursement,then Exhibit"K",Advance Project Reimbursement'is attached and incorporated into this Agreement. f. ❑ This Project includesfunding for landscaping. If this Project Includes funding for landscaping, then Exhibit"L",Landscape Maintenance,is attached and incorporated into this Agreement. g. ❑This Project includes funding for a roadway lighting system: if the Project includes funding for roadway lighting system; Exhibit. "M", Roadway Lighting Maintenance is attached and incorporated into.this Agreement. h. ❑ This Project Includes funding for traffic signals and/or traffic signal systems. If this Project Includes funding for traffic signals and/or traffic signals systems,Exhlbtt"N",Traffic Signal Maintenanceds attached and Incorporated into this Agreement. 1. 0 A portion or all of the.Project will utilize Department right-of-way and,therefore,Exhibit"0",Terms and Conditions of Construction in.Department Right-of-Way,is attached and incorporated Into this Agreement. J. 0 The following Exhibit(s)areattached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A:Project Description and Responsibilities Exhibit B:Schedule.of Financial Assistance Exhibit.C:Title VI Assurances Exhibit D: Recipient Resolution DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM 526 ME$T .- LOCAL AGENCY PROGRAM AGREEMENT oocroo�agile Page 14 of 15 ,Exhibit E:Federal Financial Assistance(Single.Audit Actj Exhibit.F:Contract Payment Requirements Exhibit G:FHWA Forin 1273 Exhibit H Alternative:Advance Payment Finangiat Provisions •Exhibit I;State Funds Addendum ExhibitJ:State Financial Assistance(Florida Single AuditAct) 'Exhibit IC Advance Project Reimbursement Exhibit L Landscape Maintenance ..Exhibit M:Roadway Lighting.Maintenance 'Exhibit N:Traffic Signal Maintenance *Exhibit 0:Terms and Conditiansof Construction in Department Right-of-Way *.Additional Exhibit(s):. a Indicates that the Exhibit is only attachedand incorporated.if'applicable box is selected: DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 SrAYE OF FLO W DA DEPARTMENT OF TR.WSPDRTRTION 525-010-00 MANAGEM LOCAL AGENCY PROGRAM AGREEMENT PR0e�Q6C100c=69lENT19 Pagg 150115 IN.WITNESS WHEREOF,the parties,have executed thisAgreement en the day and year written above. RECIPIENT STATE OF FLORID.DFPARTMENT OF TRANSPORTATION euSigned b: By: L 1� X11 k or By:T Name:Jimmy Morales 6A23331EC56748A... Dani el Igl esi as Title:City Man:ger Title: Director of Transportaton Development Legal Review: —DocuSigned by: l '"A' Qro� U —12CAFOE181 DB4BC... • APPROVED AS TO FORM &LANGUAGE FOR EXE UTION City Attorney , T- Dine DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 s ATHapFLORIQAD.e''.ARTNAMPTRAwwoRrATtau casale%td LOCAL AGENCY PROGRAM AGREEMENT PAC°RAN 6UYAOEVINY CUC•9Alit polio EXF11er.r"A" {I PROJECT DF_SCRIPTiON AND RESPONS181LITIES FPN:440841-1-68.01 This exhibit forms an Integral part of the Local Agency:Program Agreement between the State'of Florida, Department of Trans partadon and Cltyof.iMiaml Beach (the Recipient) 'PROJECT LOCATION: ❑The project is en the National Highway System. ❑The project Is on the State Hlghway.System. PROJECT LENGTH AND MILE POST LIMITS: PROJECT DESCRIPTION:The new Beachwalk will be on grade ADA compliant pedestrian paver walkway with bollard lights and new landscape. The'path willrun North from approximately 79th Street to 87th Terrace. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy o the design plans for the Department's revlewe and approval le coordinate permitting with the Peperttrent, and_notify the Department prior to cornri ancemenr of any right-af-wey activities. The Recipient shall commence.the preject's ectiviNes subsequent to the execution of this Agreement and shall perform In accordance with the following schedule: a)Study to be completed by N/A b).Design to be completed by February 2019 c)Right of-Way requirements Identified and provided to the Department by NIA d)Right-of-Way to be certified by.Octdbe,2019 e)Construction contract to be let by July 1.2020 .Constnciiendo be completed by June 30,2022. If.this schedule cannot be met,.Lhe Recipient will notify the•Department In wriiting with a revised schedule or the project Is subjectto the withdrawal of funding. SPECIAL-CONSIDERATIONS BY DEPARTMENT:. DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 1 ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010,108e LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT r OGG-mnrl Page I ar 1 'EXHIBIT"B" SCHEDULE OF FINANCIAL ASSISTANCE' RECIPIENT NAME&BILLING ADDRESS:City of MiamiBeach FINANCIAL PROJECT NUMBER: 440841=1-58-01 1700 Convention Center Drive Miaral Beach FL 33139.1819 • MAXIMUM PARTICIPATION '(1) PHASE OF WORK By,Fiscal Year PROJECT TOTAL LOCAL FUNDS .STATE FUNDS FEDERAL FUNDS esign-Phase 38 Y:,2020 (ITAP) $300,000.00 $300,000.00 $ $ (InsertPragram Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Design Cost $300,000.00 $300,000.00 $ 0.00 S 0.00 -fight-of-Way-Phase 48' (Insert Program Name) $ FY: (Insert Program Name) $ $ $ $ Y:. (Insert Program Name) $ $ $ • Total Right-of-Way Cost $ 0.00 $ 0:00 S 0.00 S 0.00 onstruction-Phase 58 .Y: (Insert Program Name) $ $ $ $ : 2021 (TAP) $2930000 FY: $1,930,000.00 $ $1 000.000.00 (Insert Program Name) $ $ Total Construction Cost $2,930,000.00 . $1,930,000,00 5. 0.00 $1,000,000.00 onstrucfon Engineering and Inspection(CEI)-Phase 68 (Insert Program Nam) Y: 2021 (TAP) $125000 5 $ $ $125000 (Insert Program.Name) S. Totai_CEI Cost $125,000,00 , $125,000.00 $ 0.00 $ 0.00 . Insert Phase) ; (Insert Program Name). $ $ $. $ • (Insert Phograin Name) $' $_ $ $ • (Insert Programa •m e) $ $ $ • Total Phase Costs $: 0,00 $ 0.00 $ 0.00 $ 0.00 - TOTAL COST OF THE PROJECT $'3,355,000.00 $.2,355,000.00 .$ 0:00 $1,000,000,00 .COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475,FLORIDA STATUTES I.certify Mat the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,F.S.Documentation Is on file evidencing the methodology used and the conclusions reached. Xiomara Nunez MBA District Grant Manager Name. [DocuSlgned by: 6.00.4.4ii, t�o 02C7EEOEF9FA4D7... Date 8/7/2020 I 4:17 PM EDT I DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 trAT5 OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010400 LOCAL,AGENCY PROGRAM AGREEMENT ROPRAMMANAGEMENT occ-14/18• 1a5s1of2• Exhibit1lC TITLE VI ASSURANCES. During the performance of this contract,the consultant or contractor,for itself,Its assignees and successors in Interest(hereinafter collectively referred toss the"contractor`:).agrees as follows:- (1.) Compliance with REGULATIONS:.The contractor shall comply-with the Regulations relative to nondiscrimination In federally-assisted programs of the US. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part,2.1; as they may be amended from tine to time, (hereinafter referred to as the REGULATIONS),which are herein, incorporated by reference,and made a part of this contract. (24 Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall. not discriminate on the basis of race,color,national origin,orsex.in the selection and retention of sub- contractors,Including procurements of materials-and leases of equipment.The contractor shall not participate either directly er Indirectly in the•discrimination prohibited by Section 21:5 of the REGULATIONS,-including employment practices.whert the contract covers a program,set forth in Appendix a of the REGULATIONS.. (3.) Solicitations for Sub-contractors,Including Procurements.of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work'to be performed%under sub-contract; including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations •under this contract and the.REGULATIONS relative to nondiscrimination-on the basis of race,color, national origin,or sex. (4.) Information and Reports:The contractor shall provide all•Information and reports required by the REGULATIONS or:directives issued pursuant thereto,and shall permit access to its books, records; accounts, other sources'of Information,and its facilities as may be determined by the- Florida Department of Transportation or the Federal Highway-Administration, Federal Transit Administration,Federal Aviation Administration,and Federal Motor Carrier Safety Administration to be-pertinent to ascertain compliance with such REGULATIONS, Orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this.information the contractor shali"so certify to the Florida Department of Transportation, or the Federal Highway Administration,. Federal Transit Administration, Federal Aviation Administration,,or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance; In the event of the contractor's noncompliance with the nondiscrimination provisions pi this contract,the Florida Department of Transportation shall.impose -such contract sanctions as it or the Federal Highway Administration,Federal Transit Administration, Federal Aviation Administration;or DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251Cl57 I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-0C LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT ncc-10119 ear 2of2 Federal Motor Carrier Safety Administration may determine to be appropriate,including,•but not limited to: 'a. withholding'of payments to the contractor underthe'contract until the contractor' complies,and/or b: •cancellation,termination Or suspension of the contract,in.whole or in part: (64 Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7) in every sub-contract,including procurements of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto..TTe contractor shall take such action with• respect to any sub-contractor procurement as the,Florida Department of Transportation or the Federal Highway Administration, Federal Transit Adminislralion, Federal-Aviation Administration, or'Federal' Motor Carrier Safety Administration may direct as.a means•of enforcing such provisions including 'sanctions for noncompliance,provided, however;that,in the event a contractor becomes involved or Is threatened.with, litigation with a subcontractor or supplier as a result of-such direction, The contractor may request the Florida Department of.Transportation to enter.into such litigation to protect the interests of the Florida Depaftniernt'of Transportation,and, in addition;the contractor may request the United States to enter into such litigation to protect the Interests(Otte United.States. (7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the CMI RightsAct of 1964 (42 U.S.C.§2000d et seq.,78 stat 252),(prohibitsdiscrimination on the basis of race;color,national. origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property:Acquisition Policies Act of 1970;(42 U.S.C:§4601),(prohiblts'unfair treatment Of persons displaced or whose property has been acquired because of Federal.or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et-seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973,(29 U.S:C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability);and49 CFR Part27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.5.6101 .et seq.),(prohibits discrimination on the basis of age);Airport and Airway improvement Act of 1982;(49 USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex);The Civil Rights.Restoration Act of 1987,(PL 100-209),(Broadened the'scope,.coverage . and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act Of 1973,by expanding the definition Of the'terms°programs or activities"to include all of the programs or.activitles.of the Federal-aid recipients,sub-recipients and .contractors,whether such programa or activities are Federally funded or not);Titles II and III Of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation. 'of public entities, public and private transportation Systems, places Of public accommodation, and certain testing entities(42 U.S.G.§§12131--12189)'as Implemented by Department Of Transportation regulations at 49 C:F.R...parts 37'and 38;The Federal Aviation Administration's Non-discrimination statute(49 U.S.C:,§47123)(prohibits discrimination on the'basis of race,color,national origin,and sex);Executive Order 12898,Federal.Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures_non-discrimination against minority populations by discouraging programs;petioles,and activities with disproportionately.high and adverse_human health or environmental effects on minority and low-Income populations;Executive Order 13166, improving Access to'Services for Persons with Limited'English Proficiency, and resulting agency guidance, 'national origin discrimination Includes discrimination because'of limited English proficiency(LEP). To ensure compliance with Title VI; you.must take reasonable•steps to ensure that LEP persons have meaningful access to your programs (70 Fed, Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972,.as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.1681 et sea). DocuSign Envelope ID:DC77EEB1-1069-4A63-A5C4-9DDF1251C157 STATE OF FIORJOAOEPAFITWNTOF TRANSPORTATION 525-010-10D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT r Pagel all EXHIBIT"D"' RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into thisAgreement is attached and incorporated into this Agreement.