CN-550000-BE992-00010000.pdf

FLORIDA DEPARTMENT OF TRANSPORTATION

STANDARD WRITTEN AGREEMENT

375-040-07

PROCUREMENT

03/17

MODIFICATION # 1

Agreement No. BE992

Financial Project I.D. 405778-1-12-71

Vendor No. F59-1520550-001

Procurement No. Exempt

DMS Catalog Class No. 81141602

Amendment # 1

This Agreement, made and entered into on by and between the STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and Central Florida Regional Planning Council , duly authorized to conduct business in the State of Florida, hereinafter called the "Vendor."

WITNESSETH:

WHEREAS, the Department and the Vendor heretofore on July 30, 2020 , entered into an agreement, hereinafter called the "Original Agreement," whereby the Department retained the Vendor to furnish certain services in connection with the development of a Local Government Comprehensive Plan Study ; and

WHEREAS, the Department has determined it necessary to amend the agreement to allow the use of federal funds.Section 6: Assignment and Subcontractors is edited to check the box next to the following statement: This Agreement involves the expenditure of federal funds and hence, Appendix I is applicable to all parties and is hereof made a part of this Agreement; also

Exhibit A - Scope of Services is being updated to revise the due date of deliverables , NOW, THEREFORE, this Agreement witnesseth the following amendment is made;

Page 4 of the Contractual Services Agreement State of Florida Governmental Agencies is deleted in its entirety and replaced with the following attached Page 4 indicating the aforementioned checked box for federal funds usage; Appendix I is attached and is hereby made a part of this Agreement; and Exhibit A - Scope of Services is deleted in its entirety and replaced with Exhibit A - Scope of Services (Rev. 09.08.2020) attached hereto and made a part of this agreement .

Except as hereby modified, amended, or changed, all of the terms and conditions of said agreement and any amendments thereto will remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above.

Central Florida Regional Planning Council

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Name of Vendor

BY: BY:

Authorized Signature

Patricia M. Steed Stacy L. Miller (Print/Type)

Title:

(Print/Type)

Title: Assistant Secretary for Finance and Administration

FOR DEPARTMENT USE ONLY

APPROVED: LEGAL REVIEW

Procurement Office

DocuSign Envelope ID: 8B3484BA-78FD-4D4C-A70E-1D5B37829A92

Executive Director

September 9, 2020

DocuSign Envelope ID: 8B3484BA-78FD-4D4C-A70E-1D5B37829A92

375-040-40

PROCUREMENT

05/15

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BE992

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this Agreement not withstanding.

C. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or

b. cancellation, termination or suspension of the contract, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

05/15

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises: The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Contractor and any sub-Contractor or contractor.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all lower tier covered transactions and in all aforementioned federal regulation.

O. The Department hereby certifies that neither the Contractor nor the Contractor's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract;

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

connection with, procuring or carrying out the contract.

The Contractor further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

Q. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended.

R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Local Government Comprehensive Plan Study

EXHIBIT A

SCOPE OF SERVICES

(Rev. 09.08.2020)

Objectives of the Study

The Local Government Comprehensive Plan Study supports the integration of transportation planning and land use. The purpose of the Study is to evaluate the transportation element of local government comprehensive plans, see Section 163.3177, Florida Statutes, with respect to their alignment with corridor study areas, guiding principles, and recommendations, see Section 338.2278, Florida Statutes. The Study will also assess relevant reports and project alignments, and any areas around interchanges as they compare to the current local government comprehensive plans.

The Study will identify gaps in local government comprehensive plans related to proposed interregional corridor reports and project alignments. Further, the Study will provide recommendations to FDOT and the local governments regarding prioritization of issues and options for resolving inconsistencies or gaps within the local government comprehensive plans.

The Local Government Comprehensive Plan Study and supporting documentation should include:

• A list of reviewed local government comprehensive plans.

• A prioritized list of issues, gaps, or inconsistencies for each reviewed plan.

• Corresponding recommendations for resolving issues, gaps, or inconsistencies for each reviewed plan.

• A proposed action plan.

• A summary of the methodology for the assessment and an executive summary to include top findings and recommendations.

• Report detailing local governments comprehensive plans inconsistent with proposed alignments and potential interchanges.

Administration and Management of the Study

• Administration and Management responsibilities for the Study will be assigned to two Primary Contacts: a FDOT Contract Manager (hereinafter referred to as the “Contract Manager”) and a CFRPC Project Manager (hereinafter referred to as the “Project Manager”). .

• FDOT Office of Policy Planning shall designate a Contract Manager. The Contract Manager is FDOT’s primary representative for purposes of overseeing all work performed for this Study.

• The CFRPC shall designate a Project Manager for the Study. The Project Manager will oversee the Study, including development of a proposed work plan, initiation of sub-agreements with other Regional Planning Councils (RPC), facilitation with other RPCs, and completion of work plan tasks and deliverables. The Project Manager is the primary point of contact for the Study.

• Both Parties will collaborate on a work plan specific to this Study that comports with the overall timeline established by FDOT. The Study work plan will include phasing and timing of tasks to support FTP implementation and corridor planning and projects. The Parties will work together to update the Study work plan as necessary.

Contract No. BE992

Exhibit A - Scope of Services Rev. 09.08.2020

Roles and Responsibilities of the Parties

• FDOT will fund the Study. FDOT also will furnish data and information as necessary to accomplish the objectives of the Study. FDOT will serve as the liaison between the Study team and state agencies, task forces, or steering committees on matters of coordination and policy.

• FDOT will provide written notice to proceed to CFRPC for each Task.

• CFRPC, through its designated Project Manager, will be responsible for the overall direction and management of the Study, and CFRPC will be responsible for ensuring that the interim and final deliverables specified in the work plan for the Study are completed. All deliverables shall be transmitted by the CFRPC to the FDOT Contract Manager for review. No deliverable shall be considered to be accepted until the FDOT Contract Manager has provided approval in writing.

Electronic communication is an acceptable means of transmitting final and draft deliverables and related approvals.

• CFRPC also will be responsible for coordinating with other RPCs involved in the Study.

• In the event that FDOT requires work products or other information from the Study to support

M-CORES, FDOT will collaborate with CFRPC to gather and incorporate this information.

Geographic Area to be Included in the Study

• The geographic area to be included in the study, involves multiple regions of the state affected by proposed interregional corridors.

TASK 1 – STUDY ADMINISTRATION AND METHODOLOGY (due by December 31, 2020) A. Project Facilitation and Coordination with Regional Planning Councils (RPCs)

CFRPC shall facilitate the initiation, execution, and management of subagreements with the other RPCs involved in the Scope of Work.

Deliverable 1A – copies of executed sub agreements

B. Methodology

CFRPC shall develop a methodology template to ensure all comprehensive plans of the appropriate local governments are being reviewed by the same criteria. The aspects of the review in Task 2 shall be defined for the review. The methodology shall consider:

• FTP goals and objectives;

• Corridor planning guiding principles;

• proposed interregional corridor reports, including recommendations about potential enhancements to existing corridors or development of new corridors;

• Existing and planned infrastructure (broadband, water, wastewater, etc.).

Consistent with Section 338.2278(3)(c)10, Florida Statutes, the methodology shall acknowledge local governments (both cities and counties) located in an area where an interchange is proposed.

The comprehensive plans for these areas will be reviewed to consider if there are appropriate land uses and natural resource protections and whether the comprehensive plans should be amended to provide such appropriate uses and protections.

Deliverable 1B – methodology template, with detailed considerations

Contract No. BE992

Exhibit A - Scope of Services Rev. 09.08.2020

C. Work Plan

CFRPC shall, based on the methodology, develop a Work Plan to complete the Study and will detail the following approach to providing completion of the project:

• List all local government comprehensive plans to be reviewed consistent with

Section 338.2278, Florida Statutes.

• Obtain up-to-date comprehensive plans for each identified local government. This may include coordination with the Florida Department of Economic Opportunity for most recent comprehensive plan amendments and review of Florida Papers.

• Develop a review criteria, in the form of a template, with checklist and procedures to be used by each RPC when reviewing each local comprehensive plan which will include:

o Status of comprehensive plan related to the specified elements of interest and compliance with current Statutes.

o Identification of goals, objectives, policies or required maps which support or conflict with the guiding principles of the proposed interregional corridor relevant to that local government’s plan o Identify other local plans that require consistency

Deliverable 1C – Work plan to include all local government comprehensive plans to be reviewed and review criteria

TASK 2 – STUDY ACTIVITIES (due by October 31, 2021)

Review of Local Government Comprehensive Plans CFRPC shall complete the review of each local government comprehensive plan using the Work Plan detailed in Task 1C and the results of the initial review, including:

• A prioritized list of issues, gaps, and/or inconsistencies for each transportation element reviewed.

• Recommendations for each local government to resolve issues, gaps, and inconsistencies.

• Draft a proposed action plan for addressing recommendations.

• Prepare an executive summary identifying findings and priority recommendations.

Contract No. BE992

Exhibit A - Scope of Services Rev. 09.08.2020

Deliverable 2 – Draft report and action plan, including an executive summary, recommendations, and a prioritized list of issues, gaps, and/or inconsistencies for each transportation element reviewed

TASK 3 - RECOMMENDATIONS (due no later than June 30, 2022)

Based upon additional work products related to the implementation of proposed interregional corridor recommendations, the following will be identified.

A. Identify all local governments, municipalities and counties, for which a corridor alignment under study is proposed to transverse, and evaluate:

• Each jurisdiction’s proximity to the proposed corridor alignments;

• Location of potential interchanges;

• Feeder routes within neighboring jurisdictions;

During review, the CFRPC will look at options for local governments based on proposed interregional corridors. Even if no interchange is proposed within a jurisdiction, there may be the need for broadband and other infrastructure/utilities.

Prepare a report detailing recommended amendments to local government comprehensive plans or other modifications to plans based upon the Task 1 action plan and the Task 3 reviews. This report will be provided to the respective local government and copied to the FDOT District and this FDOT Contract Manager.

Deliverable 3 – Final report, detailing recommended amendments and proof of delivery to respective local governments with copies to FDOT District and FDOT Contract Manager

Contract Manager:

Florida Department of Transportation Attn: Rebecca Marsey Office of Policy Planning 605 Suwannee Street Tallahassee, FL 32399 rebecca.marsey@dot.state.fl.us

(850) 414-4923

CFRPC Project Manager:

Central Florida Regional Planning Council Attn: Patricia M. Steed, Executive Director 555 E. Church Street Bartow, FL 33830 psteed@cfrpc.org

(863) 534-7130

Contract No. BE992

Exhibit A - Scope of Services Rev. 09.08.2020

DocuSign Envelope ID: 8B3484BA-78FD-4D4C-A70E-1D5B37829A92 mailto:rebecca.marsey@dot.state.fl.us mailto:psteed@cfrpc.org