Okaloosa County BOCC — January 7, 2014 — reading text

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. 13.13 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 will will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 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 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Packet Pg. 95  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 13 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 96  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 14 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Okaloosa County B.O.C.C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Charles K. Windes, Jr. Name: Jason D. Peters, P.E. Title: Chairman Title: Director of Transportation Development Attest: Attest: Title: Title: Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller. Packet Pg. 97  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page14 EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433572-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the Okaloosa County B.O.C.C.. PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: This is a Transportation Alternative project to design a 5’ sidewalk on Rocky Bayou Drive from Forest Road to Huntington Circle. SPECIAL CONSIDERATIONS 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 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 shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by December 31, 2014. 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. The Agency shall be responsible for verifying that the NEPA document is adhered to for the life of the project. This project will be designed within existing right of way. No work shall begin until a Notice to Proceed is issued by the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Cultural Resource Assessment Survey (including coordination with the State Historic Preservation Officer) and all documentation necessary to support the environmental Class of Action Determination will be the responsibility of the Department. The Department will reimburse the Agency for the eligible costs directly related to the design not to exceed $26,213. Packet Pg. 98  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 09/11 Page 15 EXHIBIT “B” SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 433572-1-38-01 Okaloosa County B.O.C.C. 302 N Wilson Street, Ste 203 Crestview, Fl 32536 PROJECT DESCRIPTION Name: Rocky Bayou Drive Sidewalk Length: 1.271 miles Termini: Forest Road to Huntington Circle FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total Planning Cost Project Development & Environment (PD&E) FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total PD&E Cost Design FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 $26,213 $0 $26,213 Total Design Cost Right-of-Way FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Right-of-Way Cost Construction FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total Construction Cost Construction Engineering and Inspection (CEI) FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $26,213 $0 $26,213 The Department's fiscal year begins on July 1. For this project, funds are not projected to be