R07-054
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
RESOLUTION NO. R07- 05"'"
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A LOCAL AGENCY PROGRAM
AGREEMENT (LAP) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO
ALLOW THE CITY TO APPLY FOR GRANT FUNDS
FOR THE DEVELOPMENT OF BIKEWAYS AND
GREENWAYS AT OR NEAR THE GALAXY
ELEMENTARY SCHOOL PROPERTY; AND
PROVIDING AN EFFECTIVE DATE.
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 from the
20
west side of Palmetto Greens Greenway south through Barton Memorial Park and continue
21
south along the Galaxy Scrub to the Galaxy Elementary School property; and
22
WHEREAS, the LAP Agreement will allow the City to apply for grant monies for
23
construction of the bikeway.
24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby authorize and direct the City Manager and City Clerk to execute the Local Agency
S:\CA\RESO\Agreements\LAP - FDOT Galaxy Bikeway.doc
, I
Program (LAP) Agreement between the City of Boynton Beach and the Florida Department
2
of Transport allowing the City to apply for grant monies for construction of the bikeway at
3
or near the Galaxy Elementary School property, a copy of which is attached hereto as
4
Exhibit "A", and incorporated herein by reference.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 3.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of May, 2007.
CITY OF BOYNTON BEACH, FLORIDA
-'~?
"
._'\
ATTEST:
L
- CaflMcK .~~
,~~--------:>
S:\CA\RESO\Agreements\LAP - FDOT Galaxy Bikeway.doc
STATE OF FLORIDA DEPARTMENT OF TRAr~SPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-0'O-4C
PROJECT MANAGEMENT OF;:ICE
86/06
Page 1
FLAIR Approp
FLAIR Obj
FLAIR Approp
FLAIR Obj
VendorNo:VF596000285005
FPN .418036-1-38/58-01 Fund .SE
Federal No Org Code:
FPN Fund:
Federal No Org Code:
County No:93 Contract No
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
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
Department. and
hereinafter called the Agency
, _ by and between the STATE
agency of the State of Florida, hereinafter called the
WITNESSETH
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
Landscapinq
and as further described in Exhibit "N attached hereto and by thiS reference made a part hereof, hereinafter calied 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+L+1
attached and made a part hereof
are
2.01 Genoral Requirements: The ,lI,gency shall complete the project as described in Exhibit "!,," with all practical
dispatch, In a sound. economical, and efficient manner, and in accordance with the provisions herein, and ali 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 Aqency Proqram 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
!'.greement
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 shali be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2008
If the Agency does not complete the project within this time period, this Agreement wili expire on the last day of the
scheduled completion as provided In this paragraph unless an extension of the lime 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.
~07- 05'-/
Field Code Changed
Field Code Changed
Field Code Changed
S:-ATc OF F~ORIDA DEPARTMENT OF TRA~SPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-(;10-40
PROJECT ~"'M~AGEMENTOFr:!CE
05/86
P<!91i: 2
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 totai cost of the project is $ 112 900.00 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
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 aoproval 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 305 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 "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 339135(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 whlcn. by ItS terms. Involves tne 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 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 (G.F.R.) and 49
CFR. and policies and orocedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
STA7E 0" FLORIDA DEPARTMENT OF TRANSPORTATION
525-01G-1l0
PROJECT MANAGEMEN"" OFFI:E
OGI06
Page 3
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 FR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal partlcloatlon may be aporoved 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
INhere correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld
until compliance is ob:ained Where non.compllance IS not correctable, FHWA or the Department may deny participation
In parcel or project costs In part or In total
F or 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 writlen 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 penod, 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 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:
The administration of resources awarded by the Department to Bovnton Beach
may be subject to audits and/Or mOnltonng 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 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 stafi to Bovnton 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
STATE Or: FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.0'C-40
PqOJECT MANAGE MEW OFFICE
C610E
Page ~
AUDITS
PART I: FEDERALLY FUNDED: Recipients Df federal funds (i.e., state, IDcal gDvernment Dr nDn-prDfit DrganizatlOns as
defined in OMB Circular A-133, as revised) are tD have audits dDneannually using the fDllDwlng criteria
In the event that the recipient expends $500.000 ($300,000 fDr fiscal years ending Dn Dr befDre December 31,
2003) Dr mDre in Federal awards in its fiscal year, the recipient must have a single Dr prDgram-specific audit
cDnducted in accDrdance with the prDvlsiDns Df OMB Circular A-133, as revised. Exhibit 1 Df this Agreement
Indicates Federal resDurces awarded thrDugh the Department by this Agreement In determining the Federal
awards expended In Its fiscal year. the recipient shall cDnslder all SDurces Df Federal awards, Including Federal
reSDurces received frDm the Department. The determinatiDn Df amDunts Df Federal awards expended should be
In accordance with the gUidelines established by OMB Circular A-133, as revised An audit of the recipient
cDnducted by the AuditDr Genera! In accDrdance with the prDvislDns OMB Circular A-133. as revised, will meet the
requirements Df this part
2 In cDnnectlDn with the audit requirements addressed In PART I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee respDnsibilities as prDvided in Subpart C of OMB Circular A-133, as revised
3. If the reCipient expends less than $500,000 ($300,000 fDr fiscal years ending Dn or befDre December 31,2003) in
Federal awards in its fiscal year, an audit cDnducted in accDrdance with the prDvisions Df OMB Circular A-133, as
reVised. IS nDt reauired In the event that the recipient expends less than $500.000 ($300,000 fDr fiscal years
ending Dn Dr befDre December 31, 2003) in Federal awards in its fiscal year and elects tD have an audit
conducted in accDrdance 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 tD be identified using the Catalog of Federal DDmestic Assistance (CFDA) title and number,
award number and year, and name Df the awarding federal agency.
PART II: STATE FUNDED
ReCipients Df 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.
In the event that the reCipient expends a total amount af state financial assistance equal to or in excess Df
$500.000 ($300,000 fDr fiscal years ending before September 30, 2004) in any fiscal year of such recipient, the
reCipient must have a State single Dr project-specific audit for such fiscal year in accordance with Section 215.97,
Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550
(iocal governmental entities) Dr 10.650 (nonprDfit and for-profit organizations), Rules of the AuditDr 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 nDn-state entities. State financial assistance does not include Federal direct or pass-
thrDugh awards and resources received by a nDn-state entity fDr Federal program matching requirements.
2 In conneclion wilh the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements Df Section 215.97(7), Florida Statutes. This includes submissiDn Df a
financial repDrtlng package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nDnprDfit and for-profit Drganizations). Rules of the Auditor General
3 If the recipient expends less than $300000 In slate financial assistance in its fiscal year ($500,000 for fiscal years
ending Dn September 30, 2004, and thereafter). an audit conducted in accordance with the provisions Df SectiDn
21597. FIDrlda 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 10 have an audit conducted in accordance with the provisions
of SectiDn 21597, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e,
the cost Df sucr, an audit must be paid from the recipient's resources obtained from other than State entitles).
S!t-IE 01 HORIDA DE:P!d~TMtoNI OF Ti~M,S:c.>OfnATION
525-010-40
PReJECT II/,ANAGEMENl OFFI:E
DSl0E
:::>ilge5
LOCAL AGENCY PROGRAM AGREEMENT
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 a:tion and status of findings.
Kecords related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute IS resolved .l\ccess 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 ilmit the authority of the Department to conduct or
arrange for the conduct of addltiDna! audits Dr evaluations of state financial assistance or limit the authDnty of any other
state official
PART IV: REPORT SUBMISSION
Copies of financial reporting packages for audits cDnducted in accordance with OMB Circular A-133, as revised,
and required by PART! of this Agreement shall be submitted, when required by Section .320 (d), OMS Circular A-
133. as revised. by or on behalf of the recipient directly to each Df the following
a) The Department a: each of the following address(es)
Mr Wally MaJDrs
City of BDyntDn Beach
POBox310
Boynton Beach, Fl.. 33425
b) The Federal Audit Clearinghouse designated In OMB Circular A-133, as revised (the number of copies
reqUired by SectiDns .320 (d)(1) and (2), OMB Circular A-133, as revised), at the follDwing 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
aCCDrdance with OMB Circular A-133, as revised, is not reqUired to be submitted to the Department fDr reasons
pursuant to Section 320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to SectiDn .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directlY to each of the following
Mr Wally Majors
City of BDynton Beach
POBox 310
BDynton Beach, Fl.. 33425
In addition, pursuant to Section .320 (f), OMB Circular A.133. as revised, the recipient shall submit a copy of the
financial reportlllg 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.
Mr Wally Majors
City of Boynton Beach
POBox 310
Boynton Bea:::h "'L 33425
s:... ~;I r t_~)~ID/, DEf't.l~ 'ME tn OF rRfd<SDOf"(i A liON
:,25-01O-<1C'
"'R':JJC:C, MAt-;,'\GEMEI,'1 OF;:-ICE
05/Ce
F ~gE' e
LOCAL AGENCY PROGRAM AGREEMENT
3 Caples of the flnarlClal reporting package required by PART II of t'lis Agreement sr,all be submitted by or on
behalf of the reCipient Q1Iectjy to each of the following
a) The Depertrrent at each of the following address(es)
(Insert mailing address(es) of ofttce(s) responsible for program oversight - Dlstnct LAP Administrator or
person designated by DistriCt.)
b) The Auditor Gelleral's Office at the follOWing address
Auditor General's Office
Room 40' Pepper Building
111 West Madison Street
Tallanassee, Florida 32399-1450
4 Copies of reports or the Management Letter required by PART III of thiS Agreement shall be submitted by or on
behalf of the reCipient directly to
a) fhe Department at each of the follOWing address(es)
(Insert mailing adaress(es) of office(s) responsible for program oversight - District LAP Administrator or
person deSignated by Dlstnct.)
5 Any reports. f';,anagement Letters. or other Information required to be submitted to the Department pursuant to
thiS Agreement shall be suomltted in a timely manner In accordance with OMB Circular A-133, as revised, Florida
Statutes. and Cnaptels 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 1~-133. as revised. or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for.
profit organizaticns), Rules of the Auditor General. should Indicate the date that the financial reporting package
was delivered to tne reCipient in correspondence accompanYing the financial reporting package,
PART V: RECORD RETENTION
The reCipient shall retain sufficient records demonstratrng its compliance with the terms of this Agreement for a period
of at ieast 5 years froll 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
ior a penod of at least 5 years from the date the audit repor. is issued, unless extended in writing by the Department.
5.05 Inspection: Tf1e Agency sf1ali Dermit, 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 malenals 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), Florrda Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional nght-
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 usmg the format prescribed In 49 C.F.R Part 24. AppendiX B. and be
submitted 10 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
SglE or: FLORID/, D::i-JAFnMENl OF TR/,NSP:JRTATION
:.25-01G-4C'
PROJECT MANAGEMENT OFFICE
:)5106
Pag!:' 7
LOCAL AGENCY PROGRAM AGREEMENT
Incurred shall be submitted In detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Flonda
Statutes)
All recipients oi funds tram thiS Agreement. Including those contracted by the Agency must submit bills for any travel
expenses, wnen authonzed by the terms of this f1,greement, in accordance with Section 112.061, Florida Statutes. and
Chapter 3."Travel' of the Departments Disbursement Operations Manual, Topic 350-030-400 (Section 287058(1)(b),
Flonda Statutes)
If. after project completior" any claim is made by the Department resulting from an audit or for work or services performed
pursuant to thiS Agreement. the Depariment may offset such amount from payments due for work or services done under
any agreement WhiCh it r,as With the Agency oWing such amount if, upon demand. payment of the amount is not made
Within 60 days to the Depariment 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 eligibie 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
hereto.
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
oOligations 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 aporoval 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
12060r1207
7.05 Default: Tne Agency has been determined by the Depariment 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
FHWfI.. 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 "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 lime lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Depariment
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 penod 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
S l/dl .J~ f-LOH~D/\ DEP,:..iFrv.ENT O~ : iVd,;~DO:~:-A liON
525-010-40
PROJ~:::T MANAGEMENT or-~I:t;
C6/06
P"gf: C
LOCAL AGENCY PROGRAM AGREEMENT
the end of such time Suspension of this Agreement will not affect tne time pe~iod for completion of the project
If the Department requires termination of thiS Agreement for reasons otr,er than unsatisfactory pertormance of the
Agency. the Department shall nolify the Agency of such termination. with instructions as to the effective date of
termination o~ specify the stage of work at which the Agreement IS terminated
If thiS Agreement IS terminated oefore performances completed. the Agency shall be paid for the work satisfactorily
performeo Payment IS to be on tne 'oasls of suostantiated 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 otner 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 which are otherwise Includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, alan, and cost as approved by the Deoartment 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 ansing 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 soecifically 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 tne Department In a project with the Agency. where said project involves a consultant contract for
engineering. architecture Dr surveYing services. is cor.tingent 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 Department In the consultant selection process for all projects In all cases, the Agency's attorney shall certify
to tne 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 DBEs 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 tnls project Execution of this Agreement constitutes a certification that the Agency IS in compliance with. and will
require liS 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
Exc!uslon - Lower Tier Covered Transactions." in 49 CFR Part 29. when applicable
12.00 Restrictions, Prohibitions, Controls, and Labor provisions:
12.01 Equal Employment Opportunity: In connection with the carrymg 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,
SI!"i[ r:L:JfIIDA Dt::e:AIHME:NT OF T~/'."JSPORT;',-~ION
~::,~:;1C-'W
,::;;;;OJEC. rv1MMGEME"JT on-ICE
seioe
Pa;;e 9
LOCAL AGENCY PROGRAM AGREEMENT
disability or mantal status The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color. gender, national origin,
disability or mantal 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 tne standard commerCial supDlles Dr raw materia!s. and shall require all such contractors to insert a Similar
prOVISion In all suocontracts. except subcontracts for standard commerCial suppiles or raw materials When the project
Involves Installation construclion, demolition, removal. site improvement or Similar work. the Agency shall post, In
conspIcuous Dlaces available to employees and applicants for employment for project work, notices to be prOVided by the
Deoartment setting forth tne 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
Clvi, Rights Act 01 : 96'; tne regulations of the US Department of Transportation Issued thereunder, and the assurance
oy trle Agency pursuant tr,erelc
Tne Agency s[',all inclUde provIsions In all contracts With third parties tna; ensure compliance with Title VI of the Civil
Rights Act ot 1964. 49 CF R. Part 21, and related statutes and regulations
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the reqUllements 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 trle threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TVVO for a period of 36
monlt'ls from the date of being placed on the conVicted vendor list
12.05 Discrimination: In accordance With Section 287134 FS., an entity or affiliate who has been placed on the
Discriminatory Vendor LISt. kept by tne Flonda Department of Management Services, may not submi: 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
awardee 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 Wil0 has haa ItS Certificate of Qualification suspenaed, revoked, denied or have further been determined
by the Depanment to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a publiC bUilding or pubilc 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 propeny inciuaed or planned to be included in
the project in which any member. officer or employee of the Agency or the locality dunng tenure or for 2 years thereafter
r,as any in'erest, direct or Indirect If any such present or former member, officer or employee involuntarily acquires or had
acqUired pnor to the beginning of tenure any such interest, and if such Interest is Immediately disclosed to the Agency, the
Agency. With pnor aoproval Of tne 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 sucr,
contract, subcontract or arrangement
nle Agency shall Insert In all contracts entered into in connection with the project or any property included or planned to
be Irlcluded In any project and shall require its contractors to insert in each of their subcontracts, the follOWing prOVision
"No member. oftlcer 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"
Tne prOVISions of thiS paragraph shall not be applicable to any agreement between the Agency and Its fiscal depositones
elf 10 allY agreement tor utility services the rates for which are fixed or controlled by a governmental agency
S i f~ I E at: F~01~ICA OE:f-JARTM!:NT Of: TKM~SPORI AT lOt"
LOCAL AGENCY PROGRAM AGREEMENT
525-D.,O-~O
':>RQ,;,EC:- MANAGEMEh ~ 8FFICE
05186
::>a;,€10
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 pari 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 iiability 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 Depariment shall not be obligated or liable hereunder to any
Indlvldua! or entity no: a party to tills Agreement
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Depariment of any payment to the
Agency constl1ute or be construed as a waiver by the Department of any breach of covenant or any default which may
then eXist or, the pan of the Agency and the making of such payment by the Department, whiie 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 remalrtder of this Agreement shatl 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 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 Depariment 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 arrsing 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 arisrng out of any act, error, omission or negligent act
by the Jepariment 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 withm 14 working days and
will Jointly discuss options In defendlrtg the claim After reviewing the claim, the Depariment will determine whether to
reqUire the pariiclpatlon of the Agency In the defense of the claim or to reqUlle the Agency defend the Department in such
claim as desCribed in this paragraph. The Depariment's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein 10 require the participation In or defense of the claim by the Agency. The Depariment and the
Agency will each pay ItS own expenses for the evaluation, settlement negotiations, and trial, if any However, if only one
party partlcipales In the oefense of the claim at trial. that pariy IS responsible for all expenses at trial.
13.08 Plans and Specifications. In the event that this Agreement rnvolves constructing and eqUipping of facilities on the
Stale Highway System the Agency shall submit to the Depanment 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
CI- i:LORIOA [)U;i"RT~""'EN'~ OF rIV,NSPOf.i;t,II()~J
5:>S-{Jl[,4;:J
PI":::J::=~ MANAGfMc:~,,. OFFICE
VS/CS
;;age"1
LOCAL AGENCY PROGRAM AGREEMENT
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed approDflate. After resolution of these comments and recommendations to the Department's satisfaction
trle Department will Issue to the Agency a written approval with said remainder of the project. Failure to obtain thiS written
approval shail De sufliclen; cause of nonpayment by 1I',e Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project. the Agency must certify
compliance With all aopllcable federal and state requirements Certification IS required prior to advertisement for or
soliCitation of bids for construction of the proJect, including tnose projects for whlcn no right-of-way is required
13.10 Agency Certification: The Agency wiil certify In writing. prior tc project closeout, that the project was completed In
accordance With appl'cable 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: AI~ 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
1312 Execution of Ag reement: This Agreement may be Simultaneously executed in a minimum of two counterparts.
eacn of wnlch so executed shall be deemed to be an original, and such counterparts together shall constitule 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
.I\gency, to any person for Infiuenclng or attempting to influence any officer or employee of any federal agency, a Member
of Congress an officer or emoloyee 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 sha!! 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: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. if lhe Agency constructs any improvement on DepartiTlent righ\-of-vvay, trle Agency ("viii) (v/ill not) maintain
the Improvements made for their useful life.
13.15 Vendors Rights: Venaors (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 otherNise. The
Departme:it r,as 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
l~le Agency requests payment. InVOices which have to be returned to the Agency because of Agency preparation errors
Will result In a delay in the payment The invoice payment requirements do not start until a properly completed invoice IS
prOVided to the Depar1ment
:: :"1;- I-LOHIl),\ DE '--',l,PTMEI'-! 1 Or: ':UJ~SP'Jf~ftdIC'~,
:~'5-C 1 0-40
r"CJE;:-r MM;,t,,:;:::ME1r C);:-FICE
05/06
Pag~ . i
LOCAL AGENCY PROGRAM AGREEMENT
A Vendor OrnbuoslliQr [',as been established within the Department of Financial Services. The duties of this individual
Ir,.clude acting as an advocate for Agencies who may be expenenclng problems In obtaining timely payment(s) from the
DepQltment The Vendor Ombudsman may be contacted at 850.410-9724 or by calling the State Comptroller's Hotline ~
800-848-3792
~~G:~TC:SS WJl~"d th"':;~::C~r"t::::::"~:~::::E":~ :':;::~::::~:::~N
By Kur1 Bressner CltV Manaoer l By
Name
Titie
Name
Title
."'ttest Wallv Malols Recrelion & Parks Director
Title
Attest
Title
As 10 form
As to form
~ (1) '\-P
\~~ (,'--.
District Attorney
Attorney
See attacned Encumbrance Form for date of funding approval by Comptroller
S I /. 1 l:Jf- F~ORIl)A DE;)AR rMENT OF Tf-IM;SPCRT A:ION
525.() ~C-40
Pf~::_'ECT MA1'<^G::ME"JT C;:-;:-IC[
:'6106
LOCAL AGENCY PROGRAM AGREEMENT
Page
FPN 418036-1-38/58-0
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exnlbil forms an Integral pan of the Agreement between the State of Florida. Department of Transportation and
CdtY g,f.j3.QYnton.aeacr,-_.. _.______.._._.
Dated 4/17/2007
PROJECT LOCATION
The project 0 IS [2] is not on the National Highway System
The project D is [2] IS not on the State Highway System
PROJECT DESCRIPTION
SPECIAL CONSIDERATION BY AGENCY
The audit report(s) required In the Agreement shall Include a Schedule of Project Assistance that will reflect the
Department's contract number. the Financial Project Number (FPN). the Federal Authorization Number (FAN), where
applicable. the amount of State funding actton (receipt and disbursement of funds), any Federal or local funding action,
and the funding action from any other source with respect to the project
The Agency IS required to provide a copy of the design plans for the Department's review and approval to coordinate
perrnlttlng with the Department. and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the proJect's activities subsequent to the execution of this Agreement and shall perform In
accordance With the follOWing schedule:
a) Study to be completed by , (Phase 18 and 28 LAP Agreements)
b) DeSign to be completed on or before (Phase 38 LAP Agreements)
c) Right-of-Way requirements identified and provided to the Department by , (All LAPs
requmng RNV) (District will handle all Right-of-Way activities on LAPs; this date would be set by the necessary
time frame to complete RNV activities)
d) Right-of-Way to be Certified prior to advertising for Construction, (All Phase 58 LAPS)
e) Construction contract to be let on or before . (For Phase 58 LAPs) (This date would be
poor to the enc of the Fiscal Year that the Phase 58 IS programmed in FM)
f) Construction to be completed on or before . (Phase 58 LAP Agreements)
If thiS sCfledule cannot De me:, the Agency will notify the Department In writing with a reVised schedule or the project is
subject to the Withdrawal of federal funding.
SPECiA~ CONSIDERATIONS BY DEPARTMENT
Fundrng for the deSign portion IS In the year 2006/2007 in the amount of S18.300.00 Funding for the construction portion
IS In Ule year 2007/2008 tr, the amount of $94.600.00 Upon execution of the agreement by all parties the Department will
prOVide ONE ;:::XECUTED ORiGINAL AGREEM!':NT with a "NOTICE TO PROCEED" to the Agency for the deSign
i-I Df~ !j!, :;[ i>f\RlI'..-1'::N-r Of- TRM~SPOR r "liON
525-0'C-40
~F::::::~'::C; f""MJ!,-GE:\1t-_~H O;:;:,CE
DE/DE:
LOCAL AGENCY PROGRAM AGREEMENT
portion only Tile Agency should not start on any design pnor to the EXECUTED AGREEMENT and "NOTICE TO
PROCE",D" Funding for the construction portion wil! not be available until after Ju!y 1. 2007. After the Agency has final
IIWOlceo on the design portion and satisfied all Federal Highway Administration and Department requirements. the
Department WI!; Issue a 2nc "NOTICE TO PROCEED" for the construction portion The Agency should not start any
construction pnor to the 2nd "NOTICE TO PROCEED" The Agency wili only be reimbursed for costs incurred after the
executed agreement da:e and .ollar to the agreemen: eXpiration date. Any unused funds In the deSign portion cannot be
used for any construction actiVities and will be deleted by the Departmen:
:::ir';r- ::"'''R,uA~:Xiji\I~TM~'''r 'l'ir,',S,-;OP1/..';or~
525-0'(.,-4:
F-'RC_'EC' r~f,'JAGEMEr,'T C:::::::E
06ro":
LOCAL AGENCY PROGRAM AGREEMENT
Page
i AGENCY NAME & BilLING ADDRESS
i City of Boymon Bea:h
I POBox 31 J
I Boynton Beach Fl 33~2:;
I
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
lOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "8"
SCHEDULE OF FUNDING
FPN 418036-1.38/58-01
PROJECT DESCRIPTION
""ame Hanon I~ccreallonai 1 rail_
Length 700 If
1 ermlnl !)arton S_~_~~I~
,
I
I I
I (1) (2) (3)
TYPE OF WORK By Fiscal Year rOTAl AGENCY STATE &
f.-.- PROJECT FUNDS FUNDS FEDERAL ~UNDS
I Design 20062007 $1830000 $18.30000
L007 2008
I 2008.2009
I "1otal Design Ccst $18300.00 $18,30000
i Rlght.or-Way 2008..2007
I 2007.2008
2008.2009
I Total Rrght-of-V.iay Cost
I Construction 2006-2007 $94.600.00 $94 600.00
I
I 2007.2008
2008-2009
i 2009-2010 I
I '1otal Construction Cost $94,600 00 $94600.00
I
Construction Engineering and Inspection (CEI)
2006-2007
i 2007 2008 --_____ I
2008.2009 I ~~~- !
FUNDING
[Diai Construction lnglneermg Cas!
$94.600.00
I $94 600 00
latal Construct:on and eEl Costs
TOTAL COST OF THE PROJECT
! $1',2.90000
$11290000
L..
The Department's fiscal year begins on July 1 For this project funds are nDt projected to be available until after the
1st of July of each fiscal year. The Department will notify the Agency. in writing when funds are available
S IA1T O~ FLOI~IL)A DEF,t.,f<TMENT 01" Ti~A\:SPOR1ATION
525"Cl0--1i)
PROJECT MANt,GEIJlENT O,c,CE
85/0';
LOCAL AGENCY PROGRAM AGREEMENT
?age
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 IS expanded by the foliowlng
The Department and the Agency agree as follows
1 Until such time as the prOject IS removed from the project highway Dursuant 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 wltn all appilcable Department guidelines. standards. and procedures "Project Standards"
Specifically the Agency agrees to.
a) ProDerly water and fertilize all plants keeping them as free as practicable from disease and
harmful Insects:
b) Properly mulch plant beds,
C) Keep the premises free of weeds:
d) Mow and/or cut the grass to the proper length:
e) Properly prune all plants whicr, responsibility includes removing dead or diseased parts of
plants and/Or pruning such parts thereof which present a visual hazard for those uSing the
roadway and
f) Remove or replace dead or diseased plants in their entirety. or remove or replace those plants
that fall below original "Project Standards."
Tne 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 LMA In the event any part 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 from the project highway.
2 Maintenance of the project shall be subject to periodic inspections by the Department In the event that
any of the aforementioned responsibilities are not carried out or are otherwise determined by the
Department to not be in conformance with the applicable "Project Standards". the Department. in addition
to its right of termination under Daragraph 4(a), may at its option perform any necessary maintenance
Without the 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 part of the project at its own cost. The Agency will own that
part of tr1e project it removed After the 60 day removal period the Department will become the owner of
the unresolved portion of the projeot. and the Department then may remove. relocate or adjust the project
as It deems best. With the Agency being responsible for the cost incurred for the removal of the project
4 ThiS U/!.LI may be terminated under anyone of the follOWing conditions
a) By the Department, if the Agency fails to perform its duties under thiS LMA following 15 days'
written notice: or
:J1!-fI rl_DRIOADr:P,'\I~-ltv'cNT 0; I Fu,r.,Sf-"OF<,T!.I !8r-,'
52:,-CEI-<;O
p,~G,IECT MM~AGEME~n OHICt:
LOCAL AGENCY PROGRAM AGREEMENT
C6!~'E
Page
b: By either party following 50-calendar days' written ,10tlce
5 In the event this LMA IS terminated In accordance with paragraph 4 hereof, the Agency shall have 50
days after the date upon which this LMA is effectively terminated to remove all or part of the remaining
project at !Is own cost and expense The Agency will own that part of the project it removed. After the 60.
day removal period portion of the proJect. the Department then may take any action with the project
highway pr all pr part oi the project It deems best, wltn the Agency being responsible for any removal
costs Incurred
5 n1~S 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 hereoi 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
Department
8 T,hIS 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 U.S.
Mall, postage prepaid. registered or certified with return receipt requested or by telex or telegram.
a) If to the Department. addressed to
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
P O. Box 310
Bovnton Beach. FL 33425
or at such other address as the Agency may from time to time designate by written notice
to the Department
10. This LMA. if attached as an exhibit to the Agreement. forms an integral part of the Agreement
between the parties dated
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other Instruments
;:~O),ID/~ r..:t:.PAf;TME~r 0;:: '-',A,\'S~Or~7/<,T:O"
:;25<)1J-40
;:JROJECT MAN/~GE~'Er-,;; ::)FFIC[
C6::'G
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: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construcllon
Amount: $ 113.900.00
Compliance Requirement:
Allowed Activities To be eligible. most projects must be located on public roads that are not functionally classified as
local Tne major exceptioils are the Highway Bridge Replacement and Rehabilitation Program. which provides assistance
for bndges on and off the ;:ederal-ald 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 prionlles within the limit of the funds apportioned or allocated to each State
Allowable Costs: Eligible activities and allowable ccsts will be determined in accordance with Title 23 and Title 49
CFR and the OM6 cost principles applicable to the recipient/sub-recipient
Eligibility: By law, the Federal-aid highway program IS a Federally assisted State program that requires each State to
have a suitably equipped and organized transportation department. Therefore. most 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 USC and Imolementing regulations Territorial highway projects are funded in the same
.'Tlanner as other Federal-aid highway proJects, with the territorial transportation agency functioning In a manner similar to
a Stale DOT Most FlonCa 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
J\gencles (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 cenaln requirements may now administer various IRR projects on behalf of the BIA and FHWA,
The F:sh ana Wildlife Service (F\lVS) and the Nationai Park Service (NPS) select projects in the Refuge Road and Park
r<oads and Parkways programs respectively For the Forest Highway Program. the Forest Service, the States and the
F HWA Jointly seiect projects
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The reCipient of Local Agency Program (LAO') funding must comply with the statutory requirements in Sections
112061 215422 339.12. and 339135. FlOrida Statutes, and Title 23 and Title 49, C.F.R.
S7ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
5:S~095-09
RIG'i! OF WA"
LOCAL AGENCY PROGRAM/FOOT NO ADDITIONAL RIGHT OF WAY CERTIFICATION
'1/(J-
R/W ITEM/SEGMENT NO.:
CONST. ITEM SEGMENT NO.: 418036
418036
MANAGING DISTRICT:
IV
STATE ROAD:
DESCRIPTION:
N/ A
F.A.P. NO.:
COUNTY:
1118036
Barton Rprrf>Rti OT1R 1 TrRi 1
PAlm Bf>Rrn
PREFERRED LETTING DATE:
LOCAL AGENCY: Ci ty of RnyntnT1 Rf>ach
This is to certify that right of way for the above described project meets the requirements of 49 CFR, Part 24 and 23 CFR,
Part 635.309, if applicable, as well as statutory and procedural requirements for:
o Federal Construction Project
o Non-federal Construction Project
o State Highway System Project
o Non-State Highway System Project
o Scenic Enhancement Project (no construction)
as detailed below: (Check applicable items)
1. TITLE TO RIGHT OF WAY
rn No additional right of way was require~ for this project.
2. RELOCATION ASSISTANCE
lliJ No persons, businesses, or personal property have been or wili be displaced by this project.
3. DEMOLITION OF IMPROVEMENTS
liJ No structures or improvements have been or will be removed from the right of way for this project.
RIGHT OF WAY CERTIFICATION BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE:
,Q~
Name (printed):
Title:
June 19, 2006
Date
Kurt Bressner
City Manager
Agency:
City of Boynton Beach
RIGHT OF WAY CERTIFICATION BY:
_ District Right of Way Manager
_ Assistant District Right of Way Manager
Date
5i5-0i 0-30
PROJ MGT RESEARCH & DEv DFC
06105
AGENCY Boynton
PROJECT TITLE. Palmetto Green Greenways
DATE. 4/13/2007
ENViRONMENTAL COMMITMENTS AND CONSIDERATIONS
An Environmental document (PCE Checklist) will be finalized prior to moving to the construction phase of this project
A preliminary peE has been completed prior to the Design
I
I
!
i
IRIGHT OF WAY AND RELOCATION
I There IS no Right of Way Involvement or acquIsition as part of this proJect.
I
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR
iTS DESIGNEE, AND is NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY
DEVELOPMENT
AGENCY
DATE
BY
(Mayor/Chairman)
LOCAL AGENCY PROGRAM (LAP)
TYPE 1 OR PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project 10: 418036-1-38/58-0
County: Palm Beach
Project Description: This 700 foot linear bikeway will run from the terminus of
the Palmetto Greens Greenway Phase II south the Galaxy Scrub through Barton Park.
This pathway will replace the existing sidewalk to provide a wide lane that will
accommodate bikers as well as hikers.
Local Traffic Patterns
The bikeway will affect local traffic patterns, property access, pr planned community
grO\vth. Community cohesiveness will be enhanced with the development of a safe,
attractive bikeway that can 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 Permit is not necessary as this project is not through a waterway.
Flood Plan Encroachments
There are no flood plain encroachments.
Threatened or Endangered Species
There are no endangered or threatened species in the area. The Office of Environmental
Services of the Florida fish and Wildlife Conservation Commission conducted a review
and site visit in January 2002 for potential impacts to listed species. No listed species
were found on the site. They concluded that construction of the proposed trail would not
impact any listed species. (Letter Attached)
Right-of-Way
There will be right-of-way required for the project.
Business and Residential Relocations
No business or residential relocations are required.
Section 4(f)
Section 4(f) is not applicable to the project.
Section 106 of the National Historic Preservation Act
In December 2001, the Florida Department of Transportation conducted a review of the
Barton Memorial Park and determined that no archaeological sites or historic strictures
were identified. No further archaeological or historic investigation was recommended.
(Letter Attached).
Contamination
No contamination impacts are anticipated as a result of this project.
Public Hearing
Public hearings were help with the surrounding neighborhood. Participants were
supportive of this project as it is a continuation of the Palmetto Green Linear Park and
will 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 Department which 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) The property was acquired from FDOT
specifically for this purpose.
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 771.117cg) effective
November 27, 1987.
Package prepared by:
LAP Reviewer:
Jody Rivers, Parks Superintendent
P. O. Box 310
Boynton Beach, FL 33425
April 17,2007
FDOT Concurrence:
District 4 Environmental Administrator
Date:
~
~ I
Florida Department of Transportation
DISTRICT PROGRAM MANAGEMENT OFFICE - DISTRICT IV STEPHANIE C. KOPELOUSOS
CHARLIE CRIST SECRETARY
GOVERNOR 3400 West Commercial Boulevard, Fort lauderdale, Florida 33309-3421
Telephone: (954) 777-4554 Fox: (954) 777-4074
Internet Ernail: stacy.miller@dot.state.fI.us
Toll Free Number' 1-866-336-8435
-
August 29, 2008 ~~~~:~~~
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310 CITY MANAGER'S OFFICE
Dear Mr. Bressner:
SUBJECT: NOTICE TO PROCEED FOR DESIGN FOR DESIGN ONLY
FMNo. 418036-1-38/58-01
County: Palm Beach
Contract No. AP899
Description: Barton Memorial Park Green Path
This is to inform you that the FDOT gives you this Notice to Proceed dated August 29, 2008 for design only. At
this time the total amount of funds authorized for the design phase is $18,300.00. These funds are to be used
only for costs reimbursable services as listed in the L.A.P. Agreement dated August 29, 2008. Do not start any
construction until you receive a second Notice to Proceed from the Department. Please provide 2 copies of the
Maintenance of Traffic plans for FDOT review prior to the start of construction.
In order to be eligible for reimbursement by the Department/FHW A, you must comply with all applicable
procedures, standards, and directives as described in the Department's Local Agency Program Manual.
For reimbursement by the department please provide 5 original invoices with back up material including copies
of checks issued by the city to the consultant/contractor. Send the invoice package to Ronald E. Holmes, Florida
Department of Transportation, Program Management Office, District Program Coordinator at 3400 West
Commercial Blvd. Ft. Lauderdale, Florida 33309-3421. Telephone No. (954) 777-4496.
Please provide the department a copy of the City Audit Report each year during the life of the project. Send this
report to Steve Gonot, Department of Transportation, Program Management Office, District Local Agency
Program Administrator at the same address as shown above.
Be advised that this contract will expire on December 31. 2010. If you anticipate that the project will not be
completed prior to the expiration date, the agency will need to ask for a time extension. This request is needed a
minimum of90 days prior to the expiration date. Send the time extension request to Ronald E. Holmes, District
Program Coordinator.
www.dot.state.fl.us \!) RECYClED PAPER
Page 2
FM No. 418036-1-38/58-01
August 29, 2008
After the project is completed please provide a signed original copy of the Final Inspection and Acceptance of
Federal-Aid Project, Form 700-010-32 as shown in the LAP Manual. Send this to Ronald Holmes, District
Program Coordinator. This will be needed to close the project on the federal side.
Thank you for your continuing support of the Local Agency Program.
For inquires contact Ms. Barbara Handrahan, District Local Program Administrator at (954) 777-4309 or me at
(954) 777-4496.
Sincerely,
&i~ ~
Ronald E. Holmes
District Program Coordinator
REH:reh
Copy. Barbara Handrahan, District LP A Administrator
File
Dano, Arleen
From: The job FI989NDR
Sent: Thursday, August 14, 20084:00 PM
To: Dano, Arleen
Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AP899
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AP899 Contract Type: AK Method of Procurement: G
Vendor Name: BOYNTON BEACH CI
Vendor ID: VF596aaa282aa5
Beginning date of this Agmt: a8/lS/a8
Ending date of this Agmt: l2/3l/la
Contract Total/Budgetary Ceiling: bc = $ll2,9aa.aa
************************************************************************
Description:
Barton Memorial Park Greenway Multi Use Path. CFDA #2a.2aS
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT 10 *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 a43ala4a4 *PD *79aa89 * l83aa.aa *4l8a36138a1 *21S *
2aa9 *551aalaa *a88849/a9
Oaa1 *aa * *aaal/a4
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 18,3aa.aa *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: a8/l4/2aa8
1
Dana, Arleen
From: The job FI989NDR
Sent: Thursday, August 14, 20084:00 PM
To: Dano, Arleen
Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AP899
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AP899 Contract Type: AK Method of Procurement: G
Vendor Name: BOYNTON BEACH CI
Vendor 10: VF596aaa282aa5
Beginning date of this Agmt: a8/15/a8
Ending date of this Agmt: 12/31/1a
Contract Total/Budgetary Ceiling: bc = $112,9aa.aa
************************************************************************
Description:
Barton Memorial Park Greenway Multi Use Path. CFDA #2a.2aS
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT 10 *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: Funds have been: REVIEWED*
55 a43a1a4a4 *OM *79aa92 * 946aa.aa *418a361S8a1 *215 *
2a1a 5515a2aa a88717 1a
Aaa1 *aa * * /a4
*Funds Approval and encumbrance processing is contingent upon Annual
Legislative appropriation.
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 94,6aa.aa *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: as/14/2aa8
1
STATE OF flORIDA DEPARTMENT OF TRANSPORTATION 525--01 Q..4O
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 1
FPN: 418036-1-38/58-01 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:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No: Contract No: Ii P "$q9 Vendor No:
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 "Z C\ day of h."G.V"~" ,1.sdi by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and 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 Barton
Memorial Park Greenwav Multi Use Path and as further described in Exhibit "A" attached hereto and by this reference
made a part hereof, hereinafter called the "project, n 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+L 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 Program 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 unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency 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 OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
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 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 Oy
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 525-01 Q.4O
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
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 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 to the Agency regarding such audit The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office 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 government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a 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 OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS
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 OMS 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 OMS Circular A-133, as revised, is not required. However, if the recipient 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 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 Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining 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 awasds and resources received bya 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-Q1()..4()
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
O3IQ7
Page 5
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 (Le., 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 submit1ed, 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 addressees):
Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
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
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
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:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03101
Page 6
Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Barbara Handrahan, Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
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, Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
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 OMS 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 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-<10
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 7
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 S, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those 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-uTravel" 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 furnished 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 US" 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 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-<<l
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 8
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.
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) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 9
-lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated' during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action 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
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 10
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 locatity 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 governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 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 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
proceed as soon as possible with the project.
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
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01(l-4()
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
03107
Page 11
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 [gI 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 returned 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.
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-
800-848-3792.
Sf A TE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
10106
Page 12
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-
800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and yea
.,(f(:.O Lo~
AGENCYTh~ STATEOFFLORIDADEPARTMEN~' NS ~
By: By:
Name: KURT BRESSNER fLA Name:
TtlIe: CITY MANAGER~ "\J TItle:
~EY~EA l
Attest:. . Attest:
itle: Title:
As to fonn: As to foon:
Snl~~~~
See attached Encumbrance Foon for date of funding approval by Comptroller.
521>-01 0-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT MANAGEMENT OFACE
LOCAL AGENCY PROGRAM AGREEMENT 06106
Page
FPN: 418036-1-38/58-01
.:.
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and
I ritv of Rovton heHch I
Dated: I h/?71OR I
PROJECT LOCATION:
The project 0 is X is not on the National Highway System
The project 0 is X is not on the State Highway System
PROJECT DESCRIPTION:
SPECIAL CONSIDERATION BY THE AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action,
and the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) nla Study to be completed by nla . (Phase 18 and 28 LAP Agreements)
b) Design to be completed on or before 6/30109 . (Phase 38 LAP Agreements)
c) Right-of-Way requirements identified and provided to the Department by nla . (All LAPS
requiring RIW) (District will handle all Right-of-Way activities on LAPS, the date would be set by the necessary
timeframe to complete RIW activities)
d) Right-of-Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS).
e) Construction contract to be let on or before 12/31/09 . (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 to be completed on or before 61 30/10 (Phase 58 LAP Agreements)
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
This project has funding for design in the year 200812009 in the amount of $18,300.00. Funding for construction is in the
year 2009/2010 in the amount of $94,600.00, for a project total of $112,900.00. Upon execution of this agreement by all
parties the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED for
design only. The Agency should not start any design prior to the EXECUTED AGREEMENT and a NOTICE TO
PROCEED FOR DESIGN ONLY. After the design is completed and final billed the Agency must complete all federal
requirements for construction. After all federal requirements have been approved by the Department and FHWA the
Agency will receive a SECOND NOTICE TO PROCEED FOR CONSTRUCTION. The Agency should not start any
construction prior to the second NOTICE TO PROCEED from the Department. The Agency will only be reimbursed for
costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request
for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal-Aid
Office upon completion and final billing.
Upon completion of the project the Agency is required to complete and sign the Final Inspection and Acceptance of
Federal-Aid Project form (700-010-32).
SPECIAL CONSIDERATIONS BY DEPARTMENT:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08106
Page
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN:
City of Boynton Beach
PO Box 310 FM 418036-1-38/58101
Boynton Beach, Florida 33425-0310
PROJECT DESCRIPTION
Name: Barton Memorial Park Green Multi use Path for 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 18.300 18.300
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Right-of-Wav Cost
Construction 2006-2007
2007-2008
2008-2009
2009-2010 94.600.00 94.600.00
Total Construction Cost
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs 94,600.00 94,600.00
TOTAL COST OF THE PROJECT 112,900.00 112,900.00
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
08106
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 112,900.00
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 priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most 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 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08106
Page
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time 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 Department guidelines. standards, and procedures hereinafter called "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants. keeping them as free as practicable from disease and harmful
insects;
b) Properly mulch plant beds;
c) Keep the premises free of weeds;
d) Mow and/or cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants
and/or pruning such parts thereof which present a visual hazard for those using the roadway; 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 LMA. In
the event any part 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 from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in
conformance with the applicable ~roject Standards. the Department, in addition to its right of termination under paragraph
4(a). may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof to the Agency.
3. It is understood between the parties hereto that any portion of 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 part
of the project at its own cost. The Agency will own that part 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 best, 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 perform its duties under this LMA following 15 days' written
notice; or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08/06
Page
EXHIBIT ilL" (continued)
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
b) By either party following 60-calendar days' written notice. I
5. In the event this LMA is tenninated in accordance with paragraph 4 hereof, the Agency shall have 60 days after
the date upon which this LMA is effectively tenninated 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 6o-day removal period, 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.
6. 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
Department.
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 U.S. mail,
postage prepaid, registered or certified with return receipt requested:
a) If to the Department, addressed to:
Barbara Handrahan, Local Program Administration
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
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:
or at such other address as the Agency may from time to time designate by written notice
to the Department.
10. This LMA, if attached as an exhibit to the Agreement, fanns an integral part of the Agreement between the
parties dated 8/8/08.
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 Q..3()
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08t00
Page 1 of 2
DATE
AGENCY City of Sovnton Beach FEDERAL-AID PROJECT NUMBER
FIN NUMBER 418036-1-38/58-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE Barton Memorial Pari< Greenwav Multi Use Path
PROJECT TERMINI FROM: TO:
WORK PHASE: D PLANNING o ENVIRONMENTAL ~ DESIGN ~ CONSTRUCTION D RIGHT OF 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:
EA IFONSI approved on: , and reevaluated on:
Categorical Exclusion: April 17, 2007
Programmatic Categorical Exclusion determination on:
Type I Categorical Exclusion determination on: April J 7, 2007
Type" Categorical Exclusion determination on: N/A
Categorical Exclusion Reevaluation on: N/A
PHASE TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLlGA TION DATE
ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month 1 Year
(nearest Dollar) (nearest Dollar) (nearest Dollar) FUNDS
PLANNING
PD&E
DESIGN 18,300.00 18,300.00 100
RMI
CONST. 94,600.00 94,600.00 100
TOTAL 112,900.00 112,900.00 100
DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition)
Roadway Width: Number of Lanes
Bridge Number(s) on Project
Enhancement Project - Landscaping on City of Boynton Beach park property
DESCRIPTION OF PROPOSED WORK D New Construction D 3-R G::J EnhancementD Congestion ~itigation
Roadway Width Number of Lanes
Bridge Numbers(s) on Project
LOCAL AGENCY CONTACT PERSON TITLE:
Jod Rivers Parks Su erintendent
MAILING ADDRESS: PHONE:
100 E. Boynton Beach Bl d., 33425 561 742-6226
AGENCY ZIP CODE::
BY:
TITLE: DATE:
525-010-30
CONSTRUCTION
08100
Page 2 of 2
AGENCY: PROJECT TITLE: DATE:
City of Boynton Beach Barton Memorial Park Green Multi Use Path 4--~"7~0-7
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.
AGENCY:
DATE: 4- .. l1 - 01 By:
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
0Ml6
Page
EXHIBIT "L"
LANDSCAPE MAINTENANCE AGREEMENT (LMA)
Paragraph 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time 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 Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the
Agency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful
insects;
b) Properly mulch plant beds;
c) Keep the premises free of weeds;
d) Mow and/or cut the grass to the proper length;
e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants
and/or pruning such parts thereof which present a visual hazard for those using the roadway; and
t) 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 LMA. In
the event any part 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 from the project highway.
2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in
conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph
4(a) , may at its option perform any necessary maintenance without the need of any prior notice and charge the cost
thereof to the Agency.
3. It is understood between the parties hereto that any portion of 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 50 days to remove all or part
of the project at its own cost. The Agency will own that part of the project it removed. After the 50-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 best, 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 perform its duties under this LMA following 15 days' written
notice; or
TYPE 1 AND PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST
Financial Project ill:
Work Program Item No. (Old): N/A
State Job No. (Old): N/A
Federal Project ill: 418036-1-38/58-01
County: Palm Beach
Project Description: (include SR # , local name and limits. Describe the type construction to be.
performed) Construction of 702 l.f. paved bikeway/recreational trail
to be called Barton Recreational Trail fr~m Palmetto Greens
YES NO Greenway to Barton Memorial Park
-X - Are the impacts to local traffic patterns, property access, community cohesiveness,
planned community growth or land use patterns not adverse?
-1L - Are all air, noise, and water quality impacts negligible or non-existent?
-W-A - If there is wetland involve~ent, does. it qualify for either Nationwide or General
Permit?
-.lL - Can the project proceed without a U.S. Coast Guard Permit?
-1L - Are any or all flood plain encroachments not significant in accordance with Part 2,
Chapter 24?
X- - Will endangered and threatened species and their critical habitats r.emain unaffected?
-1L- - Is there no right-of-way or an insignifieant amount of right-of-way required for the
project?
..1L- - Are the residential or business relocations for the project not significant?
X . Is Section 4(f) not applicable to the project?
- -
-1L - Have properties protected under Section 106 which are taken, used or in close
proximity to the project been identified and if applicable reviewed by SHPO, and
has a determination of "No Effect" or "No Adverse Effect" been given?
---X- - Is the Contamination involvement not significant?
-1L - The project does not require a public hearing or an opportunity for a public hearing?
.......
IMPORTANT If the answer to any of these questions is No, then a Type I or Programmatic
Categorical exclusion does not apply.
Financial Project ill:
Work Program Item No. (Old): N/ A
State Job No. (Old): N/A
Federal Project ill: 418036-1-38/58-01
County: Palm Beach
Project Description: (include SR # , local name and limits. Describe the type of construction to be
performed) Construction of a 702 l.f. paved bikeway/recreational trail to be called
Barton Recreational Trail from Palmetto Greenway to Barton Park and Scrub
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 Programinatic Categorical Exclusion per FHW A approval on
- -
March 1, 1995, as amended September 4, 1996.
.X - This project is a Type 1 Categorical Exclusion under (23 CPR 771.117( c)) effective
November 27, 1987, Emergency Rep~s under 23 USC 125.
-
Agency Reviewer: ~ Date: '1- f - 07 .
FDOTConcurrence: ~ ~ Date: 4 -/7- Q 7
District 4 Environmentai Administrator
,
LOCAL AGENCY PROGRAM MEMORANDUM
TO: Barbara Handrahan, FDOT District IV LAP Administrator\
FROM: J ody Rivers, Parks Superintendent
DATE: June 19,2006
SUBJECT: LAP Environmental Checklist
SFWMD Permit: Once the design is completed, we will apply for a SFWMD permit.
Wetlands: There is no wetland involvement.
Protected Species: There are no known protected species in the construction area.
Water Quality: There are no water quality issues in the construction area..
U.S Coast Guard Permit: A U.S. Cost Guard permit is not required.
Floodplain: There are no known floodplain encroachments in the construction area.
Right-of- Way: Additional right-of-way will not be required.
Relocations: There will be no relocations.
Section 4(f): Not applicable
Cultural Resources: There are no known cultural resources in the construction area.
Contamination: All measures will be taken to assure that no contamination will occur during construction.
Public Hearings: Public hearings were held and the public was favorable of the project.
.
.
a)
2
-=t
c--i
CP
-=t
\I
.S
..,....
~
~
Q)
Q)
\..-
c.9
---
(Q
.--
\..-
0
E
Q)
~
C
.@
~
a:
~.
525-010-300 SepternberlO,2000
Local Agency Program Manual Chapter 2 Section 1
LOCAL AGENCY: Boynton Beach PROJECT IDENTIFICATION 418036-1-38/58-01
WORK PROGRAM ITEM NO.: N/A STIP PAGE NO.:
TIP PAGE NO.:
Use this sheet as a cover sheet to the project application package. Place an "X" in the right column to denote
items included. If not applicable, state N/ A. Include in the cover letter a comment explaining the action taken on
each item as appropriate.
Application:
1. Federal - Aid Project Funding Request (Chapter 2 - 1) ... .., . .. ... ... .... .. .... .. ... . .. ... ... .. X
2. Vicinity Map ... ... .. . . .. .. . ... ... . .. . .. . .. ... .., .. . .. . ... . .. ... ... ... ... ... ... .. . . .. ... ... ... '" . .. .. .. X
3. Typical Roadway Sections ... ... . .. . . . . " . . . . . . . .. ... .. . . . . . . . .. . . .. . . . .. . . .. . .. . . . . . . . .. .. . . . . . . . '" X
4. Typical Bridge Sections ... ... .. . ... . .. .. . ... ... . .. . .. .. . .. . . .. . . . . .. .. . .. . .. .. . .. . .. .. . .. . . .. '" ... ... N/A
N/A
Supporting Data:
5. Safety Improvements (Chapter 4 - 1) .................................................................................. N/A
6. Deviation Request and Justification (Chapter 4 -=- 1) ... ... . .. ... . . . .. . . . . . .. .. . . . . .. . . . . . .. ... . .. N/A
7. Environmental Documents (Chapter 2 - 4) ... ... ... ... ... ... ... ... ... ... ... ... '" '" ... ... .,. ..... N/A
8. Compliance with environmental documents commitments ... ... ... ... ... ... ... ... ... ... ... ..... N/A
9. Right of Way Required (Chapter 2 - 5) ... ... ... .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... N/A
a. Pre-Qualification Letter of Approval from FDOT... ... ... ... ... ... ....... ... ... ... ..... N/A
b. Right of Way Maps ............ . .. ... ... . .. . .. .. . . .. ... ... .. . ... .. . , .. ... ... '" . . . . .. ... . .. . N/A
c. Right of Way Project Cost Estimate... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... M/A
d. Request Right of Way Project Authorization ... ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . N/A
10. Right of Way Certification ... .., ... ... .. . . .. ... .. . ... .. . .. . . .. .. . .. . .. . .. . .. . . .. .. . .. . ... .. . .... ... .. X
11. Corp of Engineers, and/or Coast Guard Permits (Environmental Permit Coordination
Procedure No. 650-040-001 ......................................................... ... ... . .. ... .. .. N/A
12. Water ~ement DistrictPerrnit ... ... ... ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... .... N/A
13. NPD ES Permit ...... ... ... ... ... .. . .. . ... . .. .. . .. . .. . ... ... .. . .. . '" .. . . .. .. . ... ... .. . ... . .. .. . .. . . .. . N/A
14. FAA Notification (FAA for 7460 - 1) (l4CFR, Part 77; Chapter 333, FS ................... N/A
REMARKS: -1
Answer questions at the arrow ~
Exhibit 11-1-1 - Project Funding Application Checklist 2-1-2
SlIi\l) FOLDFFlrvfA:-;TFR r\C;REEMT::l\IT PACKAGV' (;1 f[DE SHFTT D( JC (I a,;[ pCl~C: j