R07-053
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1
2 RESOLUTION NO. R07- 053
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
8 AGREEMENT (LAP) WITH THE STATE OF FLORIDA
9 DEPARTMENT OF TRANSPORTATION (FDOT) TO
10 ALLOW THE CITY TO APPLY FOR GRANT FUNDS
11 FOR THE DEVELOPMENT OF BIKEWAYS AND
12 GREENWAYS ALONG THE C-16 CANAL FROM
13 SEACREST BOULEVARD TO 1-95; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the Florida Department of Transportation (FDOT) has grant funds
17 available for the development of bikeways and greenways for the purpose of providing safe
18 and attractive, non-motorized transportation corridors; and
19 WHEREAS, the City is interested in developing a bikeway that would run along the
20 C-16 canal from Seacrest Boulevard to I-95; and
21 WHEREAS, the LAP Agreement will allow the City to apply for grant monies for
22 construction of the bikeway.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28
29 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
30 Program (LAP) Agreement between the City of Boynton Beach and the Florida Department
S:\CA\RESO\Agreements\LAP - FOOT C-16 Bikeway.doc
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of Transport allowing the City to apply for grant monies for construction of the bikeway
2
along the C-l6 canal from Seacrest Boulevard to I-95, a copy of which is attached hereto as
3
Exhibit "A", and incorporated herein by reference.
Section 3.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this 15" day of May, 2007.
ATTEST:
S:\CA\RESO\Agreements\LAP - FOOT C-16 Bikeway.doc
CITY OF BOYNTON BEACH, FLORIDA
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTA nON 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJE::T I1ANAGEMENT OFFICE
10106
Page 1
FPN: 416138-1-38/58-01 Fund: SE FLAIR Approp:
Federal No: Org Code: 55043010404 FLAIR Obj:
FPN: Fund: FLAIR Approp: _____
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: AP g'''f f< FLAIR Obj:
County No:93 Contract No: VendorNo:VF596000282005
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this -<b day of Sef t- ,08, by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc of the State of Flonda, heremafter (~Iled the
Department, and the City of Bovnton Beach hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Bike Path
/ Trail and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called
the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which
such assistance will be provided and the understandings as to the manner in which the project will be undertaken and
completed.
1.01 Attachments: Exhibit(s) A+B+1. are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaencv Proaram Manual, which by this reference is
made a part hereof as if fUlly set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining un billed funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
STATE DI'" FLORIDA DEP....f'TMENT OF -;-RANSf;ORTATIO~
LOCAL AGENCY PROGRAM AGREEMENT
525-D1G-40
PROJECT MANAGEMEN--:- OFFICE
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2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements. to enable the Agency to provide the necessary funds for completion of the prOject
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
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 Cost:
3.01 Total Cost: The total cost of the project IS $ 440.000.00 This amount is based upon
tne schedule of funding In Exhibit "8" 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
400
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided In Exhibit "8" This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropnation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 304 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) Depar1ment approval of the project scope and budget at the time appropriation authority becomes available
3.04 Appropriation of Funds: The Departments performance and obligation to pay under this Agreement is contingent
upon an annual appropnation 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 prior to costs being incurred. See
Exhibit "8" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if Incurred prior to funds approval being received The Department will notify the Agency, in writing, when
funds are available
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year. the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department. during any fiscal year, shall not expend money. incur any liability, or enter into any
contract which, by Its terms, Involves the expenditure of money In excess of the amounts budgeted as
available for 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
tne 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 WfllCh have a term for a penod 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 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
CFR, and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
51 A IE Q;: l:"L.ORJDA DEP;'.RTMEN"" OF TRAJ\SPORTA TION
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P::;':CJECT MANAGE:r,lENT:)F;:IC-::
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LOCAL AGENCY PROGRAM AGREEMENT
on account of any cost incurred prior to authorization by the 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 supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance IS obtained Where non-compliance is not correctable. FHWA or the Department may deny participation
In parcel or project costs in part or In total
For any amounts determined to be Ineligible for federal reimbursement for which the Department has advanced payment.
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement. a project schedule of
funding shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of
tundrng. carry out the project, and shall incur obligations agarnst and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project The schedule of funding may be revised by mutual
wntten agreement oetween the Departmem and the Agency. If revised. a copy of the reVision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective uniess It complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintarned and made available upon request to the Department at all times during the period of this
Agreement and for 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 performing 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 expiration of the 5-year period, the records shall be retained
until all litigation. claims or audit findings involVing the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costS agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs
5.03 Documentation of Project Costs: All costs charged to the project. including any approved services contributed by
the .Llgency or others. sllall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
eVI:lenclng in proper detail the nature and propriety of the charges.
5.04 Audit Reports: ReCipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to Bovnton Beach
may De subject to audits and/or monitOring by the Department, as described in ihls section.
MONITORING: In addition to reviews of audits conducted In accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes as revised (see "AUDITS'. below), monitoring procedures may include. but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures By
entering into thiS Agreement, the recipient agrees to comply and cooperate fully With any monitoring
procedures/processes deemed appropriate by the Department In the 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 1C Boynton Beach regarding such audit.
Bovnton Beach further agrees to comply
and cooperate With any inspections, reviews. investigations or audits deemed necessary by the Chief Financial Officer
(CFO) or Auditor General
S~VE;JF r:..C'RIDA DEPAi~ :tlENT DF TRANS:'>ORTA; IG~
LOCAL AGENCY PROGRAM AGREEMENT
525-';', 0-~:'
:-'k:::JEC"- rv1ANAGE~ENT OFF'CE
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AUDITS
PART I: FEDERALLY FUNDED: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMS Circular A-133. as revised) are to have audits done annually using the following criteria'
In the event that the recipient expends $500,000 ($300,000 for fiscal years ending on or before December 31,
2003) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMS Circular A-133, as revised Exhibit 1 of this Agreement
Indicates Federal resources awarded through the Department by this Agreement. In determining the Federal
awards expended In its fiscal year. the recipient shall consider all sources of Federal awards, including Federal
resources received from the Department. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMS Circular A-133, as reVised An audit of the recipient
conducted by the Auditor General In accordance with the provisions OfvlS Circular A-133. as revised, will meet the
requirements of thiS part
2 In connection with tne audit requirements addressed In PART I, paragraph 1 the recipient shall fulfill the
requirements I.elatlve to auditee responsibilities as provided in Subpart C of OMS Circular A-133. as revised
3 If the reCipient expends less than $500,000 ($300,000 for fiscal years ending on or before December 31,2003) in
Federal awards in Its fiscal year. an audit conducted in accordance with the provisions of OMS Circular A-133, as
revised. IS not required. In the event that the recipient expends less than $500,000 ($300,000 for fiscal years
ending on or before December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted In accordance with the provisions of OMS Circular A-133, as revised. the cost of the audit must be paid
from non-Federal resources (I.e, the cost Df such an audit must be paid from recipient resources obtained from
other than Federal entities)
4. Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and number
award number and year. and name of the awarding federal agency
PART II: STATE FUNDED
Recipients of state funds (Ie. a non-state entity as defined by Section 21597(2) (I). Florida Statutes) are to have audits
done annually using the following criteria:
in the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 ($300.000 for fiscal years ending before September 30, 2004) 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, appilcable rules of the Executive Office of the Governor and the CFO, and Chapters 10550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General
Exhibit 1 to thiS Agreement Indicates state financial assistance awarded through the Department by this
Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shal1 consider
all sources of state financial assistance, including state financial assistance received from the Department, other
state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for Federal program matching requirements
2 In connection with the audit requirements addressed in Part II. paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes ThiS includes submission of a
finanCial reporting package as defined by Section 215.97(2) (d) Florida Statutes, and Chapters 10.550 (local
governmental entitles) or 10.650 (nonprofit and for-profit Drganizations), Rules of the Auditor General
3 If the reCipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal years
ending on September 30. 2004. and thereafter), an audit conducted in accordance with the provisions of Section
215 97. Florida Statutes, is not reqUired. In the event that the reCipient expends less than $500,000 ($300.000) in
state finanCial assistance In its fiscal year and elects to have an audit conducted in accordance with the prOVISions
of Section 21597 FlOrida Statutes. the cost of the audit must be paid from the non-state entity"s resources (ie,
the cost of such an audit must be paid from the reCipient's resources obtained from other than State entitles).
Sl;..Ti:.:JF "[OK!D/-.. D~PAP.~Mi:.NT OC TRA~SFORTATlor~
S2S-C:G-4C
PROJECT MAf\,/-..GEIv1nn OFFICE
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LOCAL AGENCY PROGRAM AGREEMENT
4 State awards ace to be identified uSing the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it
PART III: OTHER AUDIT REQUIREMENTS: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings IS required Current year audit findings require corrective action and status of findings
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute IS resolved Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services and the Auditor General ThiS section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state offiCial
PART IV: REPORT SUBMISSION
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of thiS Agreement shall be submitted, when required by Section .320 (d), OMS Circular A-
~ 33 as revised by or on behalf of the recipient directly to each of the following
a) The Department at each of the following address(es):
City of Boynton Beach
P O. Box 310
Boynton Beach, FL 33425
b) The Federal Audit Cleannghouse designated in OMB Circular A-133 as revised (the number of copies
required by Sections .320 (d)(l) and (2), OMS Circular A-133, as revised), at the following address
Federal Audit Cleannghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular
A-, 33, as revised
2 in the event that a c:JPy of the financial reporting package required by PART I of this agreement and conducted in
accordance With OMB Circular A-133. as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following
City of Boynton Beach
POBox 3 W
Boynton Beach. FL 33425
In addition, pursuant to Section .320 (I), OMB Circular A-133. as revised, the recipient shall submit a copy of the
financial reporting pacl\age described in Section .320 (c), OMB Circular A-133, as revised. and any Management
Letters Issued by the auditor, to the Department at each of the following addresses:
City of Boynton Beach
POBox 310
Boynton Beach, FL 33425
3 Copies of the financial reporting package required by PART II of thiS Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
STATE or FLORIDA DEPARTMENT 0:: TRAi,'S;:>cr?~AfiON
:;:' 5-0 ~ J-4 C
p;;JOJ!:C-:- r,~ANAGEMENT QFF!C:E
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LOCAL AGENCY PROGRAM AGREEMENT
a) The Department at each of the following address(es):
City of Boynton Beach
POBox 310
Boynton Beach. FL 33425
0) The Auditor Generals Office at the following address
Auditor Generals Office
Room 401 Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by PART III of this Agreement shall be submitted by or on
behalf of the recipient dlrectlv to.
a) The Department at each of the following address(es):
City of Boynton Beach
POBox 310
Boynton Beach, FL 33425
5 Any repons, Management Letters, or other information required to be submitted to the Department pursuant to
tnls Agreement shall be submitted in a timely manner in accordance with OMS Circular A-133, as revised. Florida
Statutes. and Chapters 10550 (local governmental entities) or 10650 (nonprofit and for-profit organizations).
Rules of the Auditor General. as applicable.
6 Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMS Circular A-133, as reVised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations). Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of at least 5 years from the date the audit report is issued and shall allow the Department, or its designee, the state
CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit
oocumentation is made available to the Department. or its designee. the state CFO or Auditor General upon request
for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department.
5.05 Inspection: The Agency shall permit. and shall require its contractors to permit. the Department's authorized
representatives and authorized agents of FHWA to inspect all work. workmanship, materials, payrolls, and records and to
audit the books, records. and accounts pertaining to the financing and development of the project.
The Department reserves the right to unliaterally cancel this Agreement for refusal by the Agency or any contractor sub-
contractor or materialS vendor to allow public access to all documents, papers, letters or other matenal subject to the
provIsions of Chapter 119. Flonda Statutes. and made or received in conjunction with this Agreement. (Section
287058(1) (c) Florida Stat:.Jtes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requinng additional right-
of-way, the Agency must submit to the Department an annual repon of Its real property acquisition and relocation
assistance actiVities or, the proJect. Activities shall be reponed on a federal fiscal year basis, from October 1 through
September 30 The repor. must be prepared using the format prescribed In 49 CFR Pan 24, AppendiX S, and be
submitted to the Depariment 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
1,1curred shali be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
S:I~ ~-l:J'- i:;'OR!DA DEPI',~TMEN'1 01= ':'r~A~SP8R-;-ATION
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PRO..:EC, MANAGEMEI-';"T OF::iCE
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LOCAL AGENCY PROGRAM AGREEMENT
Statutes)
All reCipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Departments Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florid a Statutes)
If after prOject completion, any claim IS made by the Department resulting from an audit or for work or services pertormed
pursuant to this Agreement. the Department may offset such amount from payments due for work or services done under
any agreement which It has with the Agency owing such amount if. upon demand, payment of the amount is not made
within 60 days to the Department Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department
7.00 Department Obligations: Subject to other provisions hereof. the Department will honor requests for reimbursement
to trle Agency In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs However, notwithstanding any other provision of this Agreement, the Department may
elect by notice In writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a matenal nature in its application, or any
supplement thereto or amendment thereof or In or with respect to any document of data furnished therewith or pursuant
herelO:
7.02 Litigation: There is then pending litigation with respect to the pertormance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the proJect, the Agreement or payments to the project:
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without haVing been advised by the Department that same are approved:
7.04 Conflict of Interests: nlere !',as been any violation of the confiict of interest proviSions contained here in paragraph
'2060ri207
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA. or the Department acting in lieu of FHWA. may designate as ineligible for federal-aid.
7.07 Disallowed Costs: in determining the amount of the payment. the Department will exclude all projects costs
Incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
explra:lor: of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "8" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7,08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the proJect. Invoices submitted after the 120 day time period may not be paid
8.00 Termination or Sus pension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
oj its obilgatlons under this Agreement until such time as the event or condition resulting in such suspension has ceased
0, been corrected or the Department may terminate this Agreement In whole or in part at any time the interest of the
Department reaulres such termination
If the Department determines that the pertormance of the Agency is not satisfactory. the Department shall have the option
of (a) Immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
With a requirement that the defiCiency be corrected within a specified lime; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time penod for completion of the project.
~'ATE: 0f- rLOHi[JA DEPARTME.NT OF TRAt\'SP:)R~A.::ON
525-C1C-.W
PROJECT MANAGi::JJ,ENT OF::-I.:::E
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LOCAL AGENCY PROGRAM AGREEMENT
If the Deparlme'lt requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency. the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is terminated
If tnls Agreement IS terminated before performance IS completed, the Agency shall be paid for the work satisfactorily
performed Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspensio'l
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
Include any or all of the following (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed (b) furnish a statement of the project activities and contracts and other undertakings the
cost of Wnlcr, are otherwise Incluoable as project costs. The termination or suspension shall be carned out in conformity
wltn tne latest scnedule. pian and cost as approved by the Department or upon the bqsis of terms and conditions
Imposed oy the Depariment upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
lime The clOSing out of federal finanCial pariicipatlon In the project shall not constitute a waiver of any claim which the
Department may otherWise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the 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. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that partiCipation by the Department In a project with the Agency, where said project Involves a consultant contract for
engineering architecture or surveying serVices, is contingent on the Agency's complying in full with provisions of Section
287055. FlOrida Statutes. Consultants. Competitive Negotiation Act. At the discretion of the Department, the Agency will
Involve the iJepartment In the consultant selection process for all projects. In all cases. the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's.
as defined In 49 CF R Part 26. as amended. shall have the opportunity to participate in the performance of contracts
financed In whole or In part with Department funds under this Agreement The DBE requirements of applicable federal and
state laws and regulations apply to thiS Agreement.
The Agency and I1S 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
applicable federal and state laws and regulations to ensure that the DBE.s have the opportunity to compete for and
periorm contracts The Agency and its contractors and subcontractors shall not discriminate on the basis of race. color,
national origin or sex in the award and performance of contracts. entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state. and local laws and regulations applicable
to thiS prOJect. Execution of thiS Agreement constitutes a certificatIOn that the Agency is in compliance with, and will
reqUire I1S contractors and subcontractors to comply with, all reqUirements imposed by applicable federal, state, and
iocallaws and regulations. Including the "Certification Regarding Debarment. Suspension. Ineligibility and Voluntary
ExclUSion - Lower Tier Covered Transactions.'. in 49 CF.R. Part 29, when applicable
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: in connection with the carrying out of any prOJect, the Agency shall not
diSCriminate against any employee or applicant for employment because of race, age, religion, color. sex, national origin.
disability or mantal status The Agency will take affirmative action to ensure that applicants are employed and that
Dl ~~~)I<lur., DEI~t.klMl:t\r; or ~R,'.,r~SPO;:<':AnJN
:o2~":) 1C-<:O
P~:).IEC-:- MAN/,GEMEN~ OF"ICi:
C'ci05
LOCAL AGENCY PROGRAM AGREEMENT
P,,;e :<
employees are treated dUring employment without regard to their race. age. religion. color, gender, national ongln,
disability or marital status Such action shall Include. but not be limited to, the following: employment upgrading, demotion
or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training. including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
pal1lcular contractual relationship in al! its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
prOVISion In all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
Involves Installation, construction. demolition, removal. site improvement or similar work, the Agency shall post. in
conspIcuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the proviSions of tne nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements Imposed by Title VI of the
Civil Rights P,ct of 1964. the regulations of the US Department of Transportation Issued thereunder, and the assurance
by the Agency pursuant thereto
The Agency shall Include prOVISions In all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964. 49 C F.~ Part 21. and related statutes and regulations
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as Imposed by
the ADA. the regulations of the Federal government Issued thereunoer. and assurance by the Agency pursuant thereto.
12,04 Public Entity Crime: A person or affiliate who has been piaced on the convicted vendor list following a conviction
for a pubhc entity GrIme 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
submil biaS on leases of real property to a publiC entity; may not be awarded or perform work as a contractor. supplier,
subcontractor or consultant under a contract with any public entity: and may not transact business with any public entity in
excess of tne threshold amount provided In Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the oate of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287134 F.S., an entity or affiliate who has been placed on the
Discriminatory Vendor List, Kept by the Florida Department of Management Services, may not submit a bid on a contract
to provide goods or services to a publiC entity; may not submit a bid on a contract with a publiC entity for the construction
or repair of a publiC building or public work: may not submit bids on leases of real property to a public entity; may not be
awarded Dr perform work as a contractor. supplier, subcontractor or consultant under a contract with any publiC entity; and
may not transact bUSiness With any pubiic entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entIty or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
oy the Department to be a non-responsible contractor may not submit a bid or perform \\Iork for the construction or repair
c' a publiC building or publiC \\Iork on a contract with the Agency.
12.07 Prohibited Interests Neitner the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement In connection With the project or any property included or planned to be Included in
the project in which any member, officer or employee of t!",e p,gency or the locality during tenure or for 2 years thereafter
rlas any Interest. direct or indirect. If any such present or former member, officer or employee Involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such Interest is immediately disclosed to the Agency. the
Agency. with prior approval of the Depal1ment. may waive the prohibition contained 1fI this paragraph provided that any
such present member officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangerT)en:.
The Agency srlal' Insert In all contracts entered into in connection with the project or any property Included or planned to
be InclUded III any proJect. and shall require its contractors to Insert In each of their subcontracts, the following provision
"No member. officer or employee of the Agency or of the locality dunng his tenure or for 2 years
thereafier shall have any Interest. direct or indirect, in this contract or the proceeds thereof."
The proviSions of tnls paragraph shall not be applicable to any agreement between the Agency and its fiscal depOSitories
or to any agreement for utility services tne rates for which are fixed or controlled by a governmental agency
s:,r, IE Of- f'LOI~:DA LJE;:>/.F;:"MENT OF TRAf,;SPORTr,T'CN
52::..Q,(,.40
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LOCAL AGENCY PROGRAM AGREEMENT
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States sr1all be aomiIled to any share or part of this Agreement or any benefit arising therefrom
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
envIronmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Depal1ment for any loss incurred In connection therewith. The Agency will be responsible for securIng any applicable
;:Jerrnits
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 Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then eXist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall eXist shall In no way impair or prejudice any right or remedy available to the Department with respect to such breach
or aefault
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of thiS Agreement is held invalid,
the remaInder of tnIs Agreement shall not be affected In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law
13.05 Bonus or Commission: By execution of the Agreement. the Agency represents that it has not paid and, also
agrees not to pay. any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder
13.06 State Law: NothIng In the Agreement s.hall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing In contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department In writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceeo as soon as possible wltn the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify. defend. save. and hold
harmless tr1e Department and all its officers, agents, and employees from any claim. loss, damage. cost. charge or
expense arising out of any act. error. omission or negligent act by the Agency, ItS officers. agents or employees during the
performance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under
thiS paragraph for any claim. loss damage. cost, charge or expense arising out of any act, error, omission or negligent act
by the Departrnent or any of ItS officers agents or employees during the performance of this Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
Similar provIsion of iaw
When the :Jepanment receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will Immediately forward the claim to the Agency
Tne Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will JOintly diSCUSS options In defending the claim. After reviewing the claim. the Department will determine whether to
require tne participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
cl a III', as described in this paragraph. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation. settlement negotiations, and trial. if any. However. if only one
party participates In the defense of the claim at trial, that party is responsible for all expenses at trial
13.08 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 project The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved ponions of the project and comments or recommendations covering any remainder of the
S-'-A-::: OF FLORIDA JEP/'IRTMENT OF TRANSPClPTAT,ON
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pQC':::C-:" MANAS:::MEi\ ~ OF::"I'2:-
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LOCAL AGENCY PROGRAM AGREEMENT
prOject deemed appropriate After resolution of these comments and recommendations to the Department's satisfaction.
the Depanment will Issue to the Agency a written approval with said remainder of the project Failure to obtain this written
approval s!"',al! be suffiCient cause of nonpayment by the Department
13.09 Right-ol-Way Certification: Upon completion of Tlght-of-way activities on the project. the Agency must certify
compliance With all applicable federal and state reqUirements. Certification is required prior to advertisement for or
SOlicitation of bids for construction of the project. including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications. IS In place on the Agency's facility. adequate title IS in the Agency's
name. and tne project IS accepted by the Agency as suitable for the Intended purpose
13.11 Agreement Format: All words used herein in tne singular form shall extend to and include the plural All words
used In trle plural form shall extend to and Include the singular All words used in any gender shall extend to and Include
all genders
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts.
each of which so executed shall be deemed to be an onginal, and such counterparts together shall constitute one in the
same Instrument
13.13 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 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
cooperatrve agreement, and the extension. continuation, renewal, amendment or modification of any federal contract.
grant loan or cooperative agreement
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to Influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be Included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subreclplents shall certify and disclose accordingly
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency
13.14 Maintenance: Tne Agency agrees to maintain any project not on the State Highway System constructed under thiS
A.greement If the Agency constructs any Improvement on Department right-of-way, the Agency (will) (will not) maintain
tne irnprovements made for tnelf useful life
13.15 Vendors Rights: Vendors (in thiS document identified as the Agency) providing goods and services 10 the
Department should be aware of the following time frames Upon receipt, the Department has 5 working days to inspect
and approve tne goods and services uniess the bid specifications, purchase order or contract specifies otherwise The
Department has 20 days to deliver a reouest for payment (voucher) to the Depanment of Financial Services. The 20 days
are measured from the latter of the date the InVOice is received or the goods or services are received. inspected. and
approved
If a payment IS not availabie Within 40 days after receipt of the invoice and the receipt. inspection. and approval of goods
and services. a separate Interest penalty in accordance with Section 215422(3)(b), Florida Statutes, will be due and
payable In addition to the inVOice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment Invoices which have to be returned to the Agency because of Agency preparation errors
wili result in a delay in the payment. The invoice payment reqUirements do not start until a properly cornpieted Invoice is
prOVided to the Department
ST^ r:t: Of' FLORIDA :JEPt..PiMENT elF F~ANSPORlt..TION
5250-01[,.,,[
PRCylECT MAI~AGS~.~E.W OFi=ICE
Dc/DE
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LOCAL AGENCY PROGRAM AGREEMENT
ft. 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 the
Department The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline 1-
800.848-3792.
IN VVITN:oSS VVH:OR,r EJ ,the parties have caused these presents to be executed the day and year first above written
AGENCY 1l~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By Kurt Bressner City Manaoer By:
Name
Title
Name
Title
Attest Wally Malors Rec & Parks Director
Title
Attest
Title
As to form
As to form
~--cL
District Attorney
Attorney
See attached Encumbrance Form for date of funding approval by Comptroller
s: /. T[ :Jr r'lCRIDA DEY/.F<TMEi~, OF .~Rt.,J~SP:,Fi,;" TION
PRGJEC'
:)F1=IC=:
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LOCAL AGENCY PROGRAM AGREEMENT
Page
FPN 416138-1-38/58-01
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of the Agreement between the State of Florida. Department of Transportation and
the City_of Bovnton Beach
Dated 4/",7/2007
PROJECT LOCATION
The project 0 is [ZJ IS not on the National Highway System.
The project 0 IS 0 IS not on the State Highway System.
PROJECT DESCRIPTION
ThiS greenway will be an extension of the existing Palmetto Greens Greenway and will run from Seacrest Blvd. west to I-
95 along the south side of tne C-16 canal.
SPeCIAL CONSIDERATION BY AGENCY
The audit report(s) required In the Agreement shalt include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicabie. tne amount of State funding action (receipt and disbursement of funds). any Federal or local funding action,
ana the funding action Irom any otner source with respect to the project
nle Agency is reqUired to provide a copy of the design plans for the Department"s review and approval to coordinate
permlttmg with the Department. and notify the Department prior to commencement of any right-of-way activities
The Agency shall commence the proJect"s activities subsequent to the execution of this Agreement and shall perform In
accoraance with the follDwlng schedule
a) Study to be completed by . (Phase 18 and 28 LAP Agreements)
0) DeSign tD be completed Dn or befDre (Phase 38 LAP Agreements)
c) Right-of-Way requirements identified and provided tD the Department by . (All LAPs
requinng R/vV) (District will handle all Right-or-Way activities on LAPs. this date would be set by the necessary
time frame tD complete RIW activities)
d) Right-of-Way to be Certified prior to advertising for ConstructiDn (All Phase 58 LAPS)
e) CDnstruction contract to be let on or before . (For Phase 58 LAPs) (This date would be
prior to the end of the Fiscal Year that the Phase 58 IS programmed In FM)
f) Construction \0 be completed on Dr before . (Phase 58 LAP Agreements)
If thiS schedule cannot be met. the Agency will notify the Department in writmg with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT
F:.mdlhg for the DeSign portiDn is In the year 2006/2007 in the amDunt of $50.00000. Funding for the consstruction
portion is In the year 2007/2008 In the amount of 5390.00000 for a total of $440,000.00. Upon execution of the
SC,~ ,:: Of' f'l.O!<luA ~'EPA;Ffv'::N~- OF TRAI,SP8RTJ., T'ON
5:5-01[,-<1.:.
PfKJECT MANACH/.~I'-J-~ C}i=:C'CE
LOCAL AGENCY PROGRAM AGREEMENT
OSlOt
agreeme~t by all parties the Department will provide ONE EXECUTED ORIGINAL AGREEMENT with a "NOTICE TO
PROCEED' to the Agency for the design portion only The Agency should not start any design prior to the EXECUTED
P,GREEMENT and a "NOTICE TO PROCEED Funding for the construction portion will not be available until after July 1.
2007 After the Agency has final invoiced on the design portion and satisfied all Federal Highway Adminlsstration and
Department requirements the Department will issue a 2nd "NOTICE TO PROCEED" for the construction portion The
Agency snould not start any construction pnor to the 2nd "NOTICE TO PROCEED". The Agency will only be reimbursed
for costs Incurred after the executed agreement date and prior to the agreement expiration date. Any unused funds in the
oeslgn portion cannot be used for any construction activities and will be deleted by the Department
S,t.,lE:. or 110R;DI> ~Epr"FHMEN" C;:TRAr~S::>ORIATION
S2S-C ~ S-4::.J
PRC~!E:T MANt..G-::'ME\- S:::TCE
O~,'C5
LOCAL AGENCY PROGRAM AGREEMENT
?age
I AGENCY NAME & BILLING ADDRESS
i City of Boynton Beacn
, POBox 310
Boynton Beacn FL 33425.
i
L
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
FPN 416138-1-38/58-01
PROJECT DESCRIPTION
Name Palmetto Greans C;reenwa~anslon
Length. 2.553 I.f
iermlnl ~___
I FUNDING
I (1) (2) (3)
I TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
I OcsIg n 2006 2007 ~50 000.00 $50 00000
2007 2008 ---
I 2008 2009
I J otal DeSign Cost $50000.00 $50.000.00
I RI9ht-of-Way 2006.2007
I 2007 2008
I 2008 2009
i '1 otal 1<lghl-of-Way Cost
Construction 2006.2007 $0.00 I
20072008 $390000.00 I $390.000.0C
2008.2009
20092010 I
Total Construction Cost $390000 00 $390.000.00
Construction Enginccring and Inspection ICEI)
2006 2007
2007.2008
2008-2009
.1 otal ConstructJOn Englneenng Cost $39000000 $390.000.00
1 otal Constructlor, and eEl Costs
, TOTAL COST OF THE PROJECT $440.00000 $440000.00
The Department's flsca: year begins on July 1. For this project. funds are not projected to be available until after the
1st of July of each fiscal year Tne Department will notify the Agency. In writing, when funds are avaiiable
sr/lTi: OF F~ORID!\ lJ~~i\,P.'M::NTOF -;-r~/,r~SPGi~-;ATION
525~01c..,'D
Pi~OJ::.CT 1,1ArH...G~rlEV'- OF;-ICE
LOCAL AGENCY PROGRAM AGREEMENT
?age
EXHIBIT ilL"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 IS expanded by the following:
The Depanment and the Agency agree as follows:
1 Until sucn lime as the project is removed from the project highway pursuant to paragraphs 3 and 5 of
this LMA. the Agency shall, at all times, maintain the project In a reasonable manner and with due care in
accordance with all applicable Depanment guidelines. standards, and procedures "Project Standards"
SpeCifically the Agency agrees to
a) Properly water and fertilize all plants, keeoing them as free as practicable from disease and
harmful insects
b) Properly muich plant beds:
c) Keep the premises free of weeds;
d) Mow and lor cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased pans of
plants and/or pruning such parts thereof which present a visual hazard for those using the
roaoway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants
that fall below original "Project Standards."
The Agency agrees to repair. remove or replace at its own expense all or part of the project that falls
below "Project Standards'. caused by the Agency's failure to maintain the same in accordance with the
provIsions of this UI/,A In the event any pan or parts of the project. including plants, has to be removed
and replaced for whatever reason, then they shall be replaced by parts of the same grade, size. and
specification as proVided In the original plans for the project. Furthermore, the Agency agrees to keep
litter removed frorr the project highway
2 Maintenance of the project shall be subject to periodiC inspections by the Department. In the event that
any of tne aforementioned responsibilities are not carried out or are otherwise determined by the
Department 10 not De in conformance with the applicable "Project Standards'., the Department, in addition
to its nght of termination under paragraph 4(a), may at its option pertorm any necessary maintenance
wltnout tne need of any prior notice and charge the cost thereof to the Agency
3 It is understood between the parties hereto that any or the entire project may be removed. relocated or
adjusted at any time in the future as determined to be necessary by the Department in order that the
adjacent state road be Widened, altered or otherwise changed to meet with the future criteria or planning
of the Department. The Agency shall be given notice regarding such removal. relocation or adjustment
and shall be allowed 60 days to remove all or pan of the project at its own CDSt. The Agency will own that
pan of the project it removed After the 60 day removal period, the Department will become the owner of
the unresolved portion of the proJect. and the Department then may remove, relocate or adjust the project
as it deems Dest. with the Agency being responsible for the cost Incurred for the removal of the project.
4 This LMA may be terminated under anyone of the following conditions
a) By the Department. if the Agency fails to pertorm its duties under this LMA following 15 days'
written nDtlce. or
SI.c.Ti: m: :;-LDRIDA DEpr.F<:7MENT 0;: :RAr-SPORTf.TION
LOCAL AGENCY PROGRAM AGREEMENT
525-01G-40
F;WJE::~ MAN,t,GEMENT OF;:!::::
Ot/06
Page
b) By either party iollowing 50-calendar days. written notice.
5 In the event this LMA IS terminated in accordance with paragraph 4 hereof, the Agency shall have 50
days after the date uoon which this LMA IS effectively terminated to remove all or part of the remaining
project at ItS own cost and expense. The Agency will own that part of the project it removed After the 50-
day removal period portion of the project, the Department then may take any action with the project
highway or all or part of the project it deems best. with the Agency being responsible for any removal
costs Incurred
5 This LMA embodies the entire agreement and understanding between the parties hereto, and there are
no other agreements or understandings, oral or written with reference to the subject matter hereof that
are not merged herein and superseded hereby.
7 This LMA may not be assigned or transferred by the Agency. in whole or in part. without consent of the
~epartment
8 This LMA shall be governed by and construed in accordance with the laws of the State of Florida.
9 All notices. demands, requests or other Instruments shall be given by depositing the same in the US.
Mall. postage prepaid. registered or certified with return receipt requested or by telex or telegram:
a) If to the Department. addressed to
CltV of Bovnton Beach
PO.Box310
Bovnton Beach. FL 33425
or at such other address as the Department may from time to time designate by written notice to
the Agency: and
b) If to the Agency, addressed to
City Of Bovnton Beach
PO Box310
Boynton Beach FL 33425
or at such other adaress as the Agency may from time to time designate by written notice
to the Department.
10 This LIViA, Ii attached as an exhibit to the Agreement, forms an integral part of the Agreement
between the parties dated
All time limits provloed flereunder shall run from the date of receipt of all such notices, demands, requests, and
other Instruments
STt,rE 0i: f-LORIDA DEP/,RTME.NT DF~RM,S"'GRi:,~IOI\:
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;;i~C)=CT MA"'.t',':;E~.~::H'- O~:ICE
LOCAL AGENCY PROGRAM AGREEMENT
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following:
Federal Agency: Fede,al Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 440.000.00
Compliance Requirement:
Allowed Activities To be eligible most projects must be located on public roads that are not functionally classified as
iocal Tr1e major exceptions are the Highway Bridge Replacement and Rehabilitation Program. which provides assistance
for bridges on and off the Federal-aid highways. highway safety activities. bicycle and pedestrian projects. transportation
enhancement activities. the recreational trails program, and planning. research. development, and technology transfer.
Proposed projects meeting these and other planning. design. environmental. safety, etc., requirements can be approved
on the basis of State and local priorities within the limit of the funds apportioned or allocated to each State.
Allowable Costs: Eiiglble activities and allowable costs will be determined in accordance with Title 23 and Title 49
CF R and the OMB cost principles applicable to the recipient/sub-recipient
Eligibility: By law. the Feaeral.ald highway program is a Federally assisted State program that requires each State to
have a sUitably equipped and organized transportation department Therefore. most projects are administered by or
through State Departments of Transportation (State DOTs). Projects to be funded under the Federal-aid highway program
are generally selected by State DOTs or Metropolitan Planning Organizations (MPOs) In cooperation with appropnate
local officials. as specified In 23 use and implementing regulations. Territorial highway projects are funded in the same
manner as other Federal-aid highway projects. with the territorial transportation agency functioning In a manner similar to
a State DOT Most Flonda Land Highway Program (FLHP) prOjects are administered by the Federal Highway
Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the vanous Florida Land Management
Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation. Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park
Roads and Parkways programs. respectively. For the Forest Highway Program. the Forest Service, the States and the
FHWA jOlntiy select projects
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: Tne recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
'12051 215422339.12. and 339135. i="lorlda Statutes. and Title 23 and Title 49. C.FR
LOCAL AGENCY PROGRAM (LAP)
TYPE 1 OR PROGRAMMA TIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project ID: 416183-1-38/58-0
Countv: Palm Beach
Project Description: This 2250 l.f. pathway will be an extension of the existing
Palmetto Greens Greenway and will continue the bikeway west from Seacrest Blvd. to I-
95. It will eventually connect with the Barton Recreational Trail which will connect to
the Galaxy Elementary School.
Local Traffic Patterns
The bikeway will not affect local traffic patterns, property access, pr planned community
growth. Community cohesiveness will be enhanced with the development of a safe,
attractive bikeway that can be used instead of biking on streets.
Air Quality and Noise
All air, noise and water quality impacts are non-existent.
Coast Guard Permit
A Coast Guard Pernlit is not necessary as this project is not through a waterway.
Flood Plan Encroachments
There are no f100d plain encroachments.
Threatened or Endangered Species
There are no endangered or threatened species in the area.
Ri(Tht-of- \Va\'
o .
There will be right-of-way required for the project.
Business and Residential Relocations
No business or residential relocations are required.
Section 4(1)
Section 4(f) is not applicable to the project.
Section 106 of the National Historic Preservation Act
There are no archaeological or historical sites on the property.
Contamination
No contamination impacts are anticipated as a result of this project.
Pu blic Hearing
Public hearings were help with the surrounding neighborhood. Par1icipants were
supportive of this project as it is a continuation of the Palmetto Green Greenway and \vill
connect a large neighborhood to the elementary school that services that area without
having to put the children on the streets.
Permits
All applicable permits will be obtained prior to construction
Park Impacts
The bikeway will follow the same route as an existing sidewalk through Barton Parle
The expanded bikeway will enhance the park by allowing safer use of the bikeway by
bikers and hikers. This agreement is being sought by the City of Boynton Beach
Recreation and Parks Depar1ment \vhich manages all city parks, one of which is Barton.
Additionally, the City of Boynton Beach Recreation and Parks Advisory Board has
endorsed the bikeway. (Letter Attached)
FINDING:
This project has been evaluated and has been determined to meet the conditions as set
forth in the PD&E Manual, Part 1, Chapter 3; therefore:
This project is a Type I Categorical Exclusion under (23 CFR 771.117rf0) effective
November 27. 1987.
Package prepared by:
LAP Reviewer:
lody Rivers, Parks Superintendent
P. O. Box 310
Boynton Beach, FL 33425
April 17,2007
FDOT Concurrence:
District 4 Environmental Administrator
Date:
STATE Or:: FLORIDA DEP,t.,RTMENT OF TRANSPORTATION
525-01 C 38
FEDERAL-AID PROJECT FUNDING REQUEST
PROJ MGT RESEARCH & JEV C'i'C
06/05
DATE
4/13/2007
AG!::NCY City of Boynton Beach FEDERAL-AID PROJECT NUMBER
FIN NUMBER 416138138 STATE JOB NUMBER 41613813801 TIP PAGE NO.
PROJECT TITLE
Palmetto Green Greenways Extension
PROJ!::CT T!::RMINI FROM
WORK PHASE 0 PLANNING
AWARD TYPE 0 LOCAL
TO
o ENVIRONMENT l8J DESIGN l8J CONSTRUCTION 0 RIGHT OF WAY
o LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of enVIronmental document prepared indicate the approval date, and the most recent
reevaluation dale.
, and reevaluated on
, and reevaluated on
EIS approved on
!::A/FONSI approved on
Categorical !::xcluslon
Programmatic Categorical ExclUSion determination on
Type I Categorical Exclusion determination on
Type II Categorical Exclusion approved on
Categorical Exclusion ReevaluatIOn on
TOTAL LOCAL AGENCY STATE FEDERAL FUND~ PERCENT OBLlGA TION DATE
PHASE ESTIMA TED COST FUNDS FUNDING FEDERAL
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) (Nearest dollar) FUNDS Month / Year
PLANNING $0.00 $0.00 $0.00 $0.00 0.00
PD&E $0.00 $0.00 $0.00 $0.00 0.00
DESIGN $50000.00 $0.00 $0.00 $50000.00 12.00
R/IN $0.00 $0.00 $0.00 $0.00 0.00
CONST $390000.00 $0.00 $0.00 $390000.00 88.00
TOTAL $440000 00 $0.00 $0.00 $440000.00 100.00
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width Number of Lanes:
Bridge Number(sl on Project
DESCRIPTION OF PROPOSED WORK 0 New Construction
o 3-R
~ ENHANCEMENT 0 CONGESTION MITIGATION
Roadway Width
Bridge Number(s) on ProJect:
Number of Lanes
LOCAL AGENCY CONTACT PERSON Joey Rivers
MAILING ADDRESS 100 East Boynton Beach Blvd
CITY. Boynton Beach. FlOrida
LOCATION AND DESIGN APPROVAL
TITLE Parks Superintendent
PHONE (561) 742-6226
ZIP CODE 33425
TI
ApprOVing Autnonty)
~ ~9~...1-\~Ue..l-r DATE ~1:J O+-
~,.: ,,,, ~ SOUTH FLORIDA WATER WLANAGEMENT DISTRICT
I .
I . _ .. ~, _ ~ _ _ __..,
\ . 3301 Cun Cub Road, West Palm Beach, Flonda 33406 . (561) 686-8800 . FL WAT::, 1-800-4~2-204:> . 1 DD (::>61) 69/-c:J,4
~ . \lailing Address: P.O. Box 24680, Vv.est Palm Beach, FL 33416-4680 . www.sfwmd.gov
~=---/""
LAN 08
MAY
2 ~'003
April 30, 2003
Mr. John Wildner
Deputy Director
City of Boynton Beach
Recreation & Parks Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Dear Wild ner:
Subject: Use of District Canal 16 Right of Way for Palmetto Green Park
This is in response to your request for comment on the City of Boynton Beach's
expansion of the Palmetto Green Park from Seacreast Boulevard westerly to 1-95.
As you know, the existing segment of the park running easterly from Sea crest
Boulevard was constructed within the right of way for Canal 16 (C-16) and resolveq
many long term issues with regard to the area residents dumping and otherwise
misusing the canal right of way. The City's path, fishing pier, beautification and other
improvements have benefited both the community by providing a recreational
opportunity for the residents and have also helped the District by reducing the area that
we must mow and maintain.
The South Florida Water Management District remains supportive of extending this co-
use of the C-16 south right of way where the District retains its proprietary interest on
the right of way to perform emergency maintenance operations, and the community is
able to have a scenic corridor with pedestrian and bicycle access that provides
recreational opportunities for all ages.
We look forward to continuing our relationship with the City with the construction of the
additional path, overlook/fishing pier, landscaping and other facilities as authorized by
the District in 2001.
Sincerely,
~ .....,,-
\./ /7' DW~~J"_
1'- v . ~ Oarr t.~
lL~
Thomas L. Fratz
Director
Right of Way
TLF/cs
Go. I.ER,Vr,Vc Bo.04RD
EXECUTfI'E OFFiCE
Nicolas J. Cutierrez, Jr., Esq.. Cilillr
Pamela Brooks-Thomas. I.;,'t'-Owlr
Irela M Bague
Michael Collins
Hugh M English
Lennart E Lmdahl, PE.
Kevin McCarty
HarkJey R. Thornton
Trudi K. Williams, PE.
Henry Dean, En'(U!l-i.'C Dtj-"dor
. ,"'t:\. ~,\C'''::J:CHii.W~/r
".,!,."J.\' . ~~-'"
,c\j~. .. .~"'."
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f"::~'\' ;,<~:.;~~" -'1i'
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~ FLORIDA - j
..J
Department of
Environmental Protection
'-'""-
~
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-~
-.':.
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealch Boulevard
Tallahassee. Florida 32399-3000
David B. Struhs
Secretary
May 7, 2003
Barbara Meacham
100 E. Boynton Beach Blvd., P.O. Box 310
Boynton Beach, Florida 33435
Dear Ms. Meacham:
We have received your application regarding Designation of the Palmetto Green Linear Park
into the Florida Greenways and Trails System. Based on the information you provided in your
application, the Palmetto Green Linear Park does qualify for Designation based on the criteria
established by our program. We will draft a Designation Agreement and submit it to the Florida
Greenways and Trails Council for their approval at their next scheduled meeting, which will
occur on September 12,2003.
Sincerely,
~c?~
Heather Pence
Office of Greenways and Trails
/hp
"More Pro!ccuon Less Process"
Printed on recycled poper.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJE<::T MANAGEMENT OFFICE
10106
Page 1
FPN: 416138-1-38/58-01 Fund: SE FLAIR Approp:
Federal No: Org Code: 55043010404 FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No:93 Contract No: AP cg<1 f< VendorNo:VF596000282005
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this -<~ day of Sef t- ,0& by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc of the State of Flonda, heremafter called the
Department, and the City of Bovnton Beach hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter Into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Bike Path
/ Trail and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called
the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which
such assistance will be provided and the understandings as to the manner in which the project will be undertaken and
completed.
1.01 Attachments: Exhibit(s) A+B+ 1. are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaencv Proaram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency. qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining un billed funding either by Federal withdrawal of funds or loss of
State appropriation authority (whiCh may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or toss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
10106
Page 2
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off.system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2009. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal.aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
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 Cost:
3.01 Total Cost: The total cost of the project is $ 440,000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost 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 Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under 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 prior to 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 Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
10106
Page 3
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such 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."
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 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 the 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 supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 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 performing 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 expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be bome by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually USing the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
10106
Page 4
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may indude, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FOOT'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., state, local govemment or non-profrt organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscat year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor 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 auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (I.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (I.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Govemor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted In accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Barbara Handrahan, District LAP Administrator, 3400 West Commercial Boulevard,Fort Lauderdale,
Florida 33309-3421
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e) (2) , OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directlv to each of the following:
Barbara Handrahan, District LAP Administrator, 3400 West Commercial Boulevard,Fort Lauderdale,
Florida 33309-3421
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Barbara Handrahan, District LAP Administrator, 3400 West Commercial Boulevard,Fort Lauderdale,
Florida 33309-3421
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Barbara Handrahan, District LAP Administrator, 3400 West Commercial Boulevard,Fort Lauderdale,
Florida 33309-3421
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Barbara Handrahan, District LAP Administrator, 3400 West Commercial Boulevard,Fort Lauderdale,
Florida 33309-3421
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Unifonn Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property 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.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
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All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data fumished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been 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 be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit liB" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted afterthe 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
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If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) fumish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or 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 unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases. the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations. including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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 following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the 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 the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a pUblic entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any publiC entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: 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 not submit a bid on a
contract to provide goods or services to a publiC entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
publiC entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fIXed or controlled by a govemmental agency.
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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 ofthis Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations. and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perfonn any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of this Agreement except that neither the Agency. its officers, agents or its employees will be liable under
this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act
by the Department or any of its officers, agents or employees during the performance of this Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
similar provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this paragraph. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 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 project, The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project. including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one In the
same instrument.
13.13 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 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 contract,
grant, loan or cooperative agreement.
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [8j will 0 will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be retumed to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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 the
Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1-
600-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY The City of Boynton Beach STATE OF FLORIDA DEPARTMENT OF T
~~~ ~
By: By: ~...
Name: .... Name:
Title: KUPT eRESSNER r Title:_
!~N Attest:
Title:
As to form: ~~
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BilLING ADDRESS FPN:
City of Boynton Beach FM 416138-1-38/58-01
PO Box 310
Boynton Beach, Florida 33425-0310
PROJECT DESCRIPTION
Name: Barton Memorial Park Green Multi Use Path tor Landscaping Length: 0 010 miles
Termini:
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008 50.000.00 50.000.00
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Right-at-Way Cost
Construction 2006-2007
2007-2008
2008-2009 390.00000 390,00000
2009-2010
Total Construction Cost
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs 390,00000 390,000,00
TOTAL COST OF THE PROJECT 440,000.00 440,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist ofthe Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 440,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local prtorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By Jaw, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 Cl-3O
FEDERAL-AID PROJECT FUNDING REQUEST PROJ MGT. RESEARCH & DEV OFC
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DATE: ]YR8 27 7 2007
AGENCY: City of Boynton Beach FEDERAL-AID PROJECT NUMBER: ( )
FIN NUMBER: 416138-1 STATE JOB NUMBER: TIP PAGE NO,:
PROJECT TITLE: Palmetto Green Greenways Extension
PROJECT TERMINI FROM: FEe Railroad TO: 1-95
WORK PHASE: o PLANNING o ENVIRONMENT (8J DESIGN l&I CONSTRUCTION o RIGHTOF WAY
AWARD TYPE: o LOCAL o LOCAL FORCES
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent
reevaluation date.
EIS approved on , and reevaluated on
EAlFONSI approved on , and reevaluated on
Categorical Exclusion:
Programmatic Categorical Exclusion determination on April 17. 2007
Type I Categorical Exclusion determination on April 17, 2007
Type II Categorical Exclusion approved on N/A
Categorical Exclusion Reevaluation on N/ A
TOTAL LOCAL AGENCY STATE FEDERAL FUND~ PERCENT OBLIGATION DATE
PHASE ESTIMATED COS, FUNDS FUNDING FEDERAL
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) (Nearest dollar) FUNDS Month I Year
PLANNING
PD&E
DESIGN $50000.00 $50000.00 12.00
RAN
CONST. $390000.00 $390000.00 88.00
TOTAL $440000.00 $440000.00 100.00
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: Number of Lanes:
Bridge Number(s) on Project:
Bike Path
DESCRIPTION OF PROPOSED WORK o New Construction o 3-R Ei ENHANCEMENT o CONGESTION MITIGATION
Roadway Width: Number of Lanes:
Bridge Number(s) on Project:
'""
LOCAL AGENCY CONTACT PERSON: Jody Rivery ~\L - TITLE: Parks Superintendent
MAILING ADDRESS: 100 E. Boynton Beach\Blvc PHONE: (561) 742-6226
CITY: Boynton Beach, FL '-'-" ZIP CODE: ]]4L5
LOCATION AND DESIGN APPROVAL BY:
(Approving Authority)
TITLE: DATE:
525-010-30
CONSTRUCTION
08/00
Page 2 of 2
AGENCY: PROJECT TITLE: DATE:
City of Boynton Beach . -
Palmetto Greens Greenway Extension 5/4/07
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
An environmental assessment was done on April 17, 2007
RIGHT OF WAY AND RELOCATION:
No ned for additional right-of-way
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR
COMMUNITY DEVELOPMENT.
DATE: 5..4-"'01 By: AGENCY: ~ Beach
( ayor Chairman)
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