Okaloosa County BOCC — April 27, 2013 — FDOT Amendment 1 to JPA ANZ38 — reading text

Financial Project No.: 409797-1-88-01 AMENDMENT 1 TO THE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE OKALOOSA COUNTY This Amendment is between the State of Florida Department of Transportation (“Department”) and the Okaloosa County (the “County”). RECITALS 1. The Department and County entered into an Agreement, Contract No. ANZ38, on April 12, 2005, (the “Agreement”), for the Federal funding of an areawide coordinated traffic signal timing project in Okaloosa County, Florida, under Financial Project No. 409797-1-88-01 (the “Project”); and 2. The parties desire to amend the Agreement to provide additional recurring annual Federal funding in the amount of ONE HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00), in order to augment the project budget while remaining fully consistent with the previously established Scope of Services. NOW, THEREFORE, in consideration of the mutual benefits to be derived by both parties, the parties agree to amend the Agreement as follows: 3. The recitals set forth above are true and correct and are incorporated into this Amendment. 4. The second Recital and Paragraph 6 of the original Agreement are amended by deleting the referenced value of $200,000, and substituting the value of $300,000 in its stead. 5. Exhibit 1A, which is attached hereto is incorporated into this agreement. 6. Except as modified in this Amendment, the provisions, terms and conditions of the Agreement shall remain in full force and effect. Financial Project No.: 409797-1-88-01 IN WITNESS WHEREOF, this Amendment shall be effective on the last date of execution hereof by a Party. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ____________________________________ By: ___________________________ Don R. Amunds James T. Barfield, P.E. Chairman District Three Secretary Board of County Commissioners Date: _________________________________ Date: _________________________ Attest: __________________________________ Attest: ________________________ Don W. Howard Krissy Cook Clerk of Court Executive Secretary (Seal) Legal Review: Legal Review: _________________________________________ ________________________________ County Attorney Office of the General Counsel Financial Project No.: 409797-1-88-01 EXHIBIT 1A 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: $100,000.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local 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 Federal 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.