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HomeMy WebLinkAbout2009-305 IS Contract No . : Catalog of State Domestic Assistance No . : 55 . 009 Financial Project No . : 425625- 1 - 58-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT THIS Small Count Outreach Program Agreement ( hereinafter referred to as "AGREEMENT" ) , entered into this at day of � � Fra t3 � . 200 9 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , hereinafter referred to as the " DEPARTMENT" , and INDIAN RIVER COUNTY , hereinafter referred to as the " COUNTY" . WITNESSETH WHEREAS , the DEPARTMENT has the authority , under Section 334 . 044 , Florida Statutes , to enter into this Agreement ; and WHEREAS , the Small County Outreach Program has been created by Section 339 . 2818 , Florida Statutes , to provide funds to counties to assist small governments in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads ; and WHEREAS , the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339 . 2818 , Florida Statutes ; and WHEREAS , the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No . 425625 - 1 -58-01 for Resurfacing of Old Dixie Highway from US - 1 to 53d Street , including Reconstruction of paved shoulders , hereinafter referred to as the " PROJECT , " in accordance with Section 339 . 2818 , Florida Statutes ; and WHEREAS , the COUNTY by Resolution No . 2009 - 178 dated the 1 st day of December 2009 a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement . NOW , THEREFORE , in consideration of the mutual covenants , promises , and representations contained herein , the parties agree as follows : 1 . The recitals set forth above are true and correct and are deemed incorporated herein . 2 . SERVICES AND PERFORMANCE A . The COUNTY shall furnish the services with which to construct the PROJECT . Said PROJECT consists of: CONSTRUCTION ( Resurfacing ) AND CONSTRUCTION ENGINEERING INSPECTION ( CEI ) SERVICES , and as further described in Exhibit " A" , Scope of Services attached hereto and made part hereof . B . The COUNTY shall be responsible for the construction of the PROJECT in accordance with all applicable federal , state and local statutes , rules and regulations , including COUNTY'S standards and specifications . The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities . Upon completion of the PROJECT , the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the foregoing standards and specifications . C . The DEPARTMENT will be entitled at all times to be advised , at its request , as to the status of work being done by the COUNTY and of the details thereof . Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT . 1 OF 7 D . The DEPARTMENT must approve in writing any consultant and/or contractor scope of services prior to advertising by the COUNTY . The DEPARTMENT ' S written approval must be obtained before selecting any consultant and/or contractor for the PROJECT . The COUNTY must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act ( Section 287 . 055 , Florida Statutes) . Contractors must be pre -qualified by the DEPARTMENT as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2007 ) , as amended . E . The COUNTY shall not sublet , assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT . F . All notices under this Agreement shall be directed to the following addresses : TO DEPARTMENT : TO COUNTY : Leos A . Kennedy , Jr . Christopher Mora , P . E . Florida Dept . of Transportation Indian River County- Public Works Dept , 3400 W . Commercial Blvd . 1801 27th Street Ft . Lauderdale , Florida 33309 Vero Beach , Florida 32960- 3365 Copy to : Yani ue Ho kins Copy to : County ' s Attorney A Second Copy to : Office of the General Counsel 3 . TERM A . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30 , 2011 , whichever occurs first , or if terminated in accordance with Paragraph 7 . B . This Agreement shall not be renewed . Any extension shall be in writing and executed by both parties , and shall be subject to the same terms and conditions set forth in this Agreement . 4 . COMPENSATION AND PAYMENT A . The total estimated project cost is FIVE HUNDRED FOUR THOUSAND EIGHTY EIGHT DOLLARS ( $ 504 , 088 . 00 ) . The DEPARTMENT will fund 75 % of the estimated cost of the PROJECT which is THREE HUNDRED SEVENTY EIGHT THOUSAND SIXTY SIX DOLLARS ( $ 378 , 066 . 00) , for Construction and CEI services . The COUNTY agrees to bear all expenses in excess of the DEPARTMENT ' S participation . B . The COUNTY shall submit one invoice (4 copies) in detail sufficient for pre-audit and post- audit plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing : X monthly , C . The COUNTY ' S matching participation is in the form of : X Funds equal to 25 % of the project costs plus the remaining portion of the accepted bid amount exceeding the DEPARTMENT ' S participation . D . Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT ' S Comptroller under Section 334 . 044 (29 ) , Florida Statutes . 2 OF 7 E . The COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead ) . All costs charged to the PROJECT shall be supported by properly executed payrolls , time records , invoices , contracts or vouchers evidencing in detail sufficient to the DEPARTMENT the nature and propriety of the charges . Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient to the DEPARTMENT for a proper pre-audit and post-audit thereof. F . The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT . G . The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the Project . Invoices submitted after the 180 -day time period will not be paid . H . Pursuant to Section 287 . 0582 , the DEPARTMENT ' S obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature . I . The COUNTY in providing goods and services to the DEPARTMENT should be aware of the following time frames . Upon receipt , the DEPARTMENT has five ( 5 ) working days to inspect and approve the good and services , unless the Agreement 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 payment is not available within 40 days a separate interest penalty at a rate as established pursuant to Section 55 . 03 ( 1 ) , Florida Statutes , will be due and payable , in addition to the invoice amount , to the COUNTY . Interest penalties of less than one ( 1 ) dollar will not be enforced unless the COUNTY requests payment . Invoices which have to be returned to the COUNTY because of COUNTY 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 . J . A Vendor Ombudsman has been established within the Department of Financial Services . The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments( s ) from a state agency . The Vendor Ombudsman may be contacted at ( 850 ) 413 -5516 or by calling the Department of Financial Service ' s Hotline at 1 - 877-693 - 5236 . K . Records of costs incurred under 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 five years after final payment is made . Copies of these documents and records shall be furnished to the DEPARTMENT upon request . Records of costs incurred include the COUNTY' S general accounting records and the project records , together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs . L . The DEPARTMENT , during any fiscal year , shall not expend money , incur any liability , or enter into any contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year . Any contract , verbal or written , made in violation of this subsection is null and void , and no money may be paid on such contract . The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding one 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 . 3 OF 7 M . 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 . N . An entity or affiliate who has been placed on the discriminatory vendor list 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 . O . Any unexpended funds remaining at the completion or earlier termination of this Agreement shall be returned to the DEPARTMENT within 30 days of the completion or earlier termination of the Agreement . 5 . INDEMNITY AND INSURANCE A . i ) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement , that party will immediately forward the claim to the other party . Each party will evaluate the claim , and report its findings to each other within fourteen ( 14 ) working days and jointly discuss options in defending the claim . A party' s failure to promptly notify the other of a claim will not act as a waiver or any right herein . ii ) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors , consultants/sub-consultants , who perform work in connection with this Agreement : " The consultants , subconsultants , contractors and subcontractors shall indemnify , defend , save and hold harmless the DEPARTMENT and all of its officers , agents or employees from all suits , actions , claims , demands , liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the consultants , subconsultants , contractors and subcontractors , their officers , agents or employees . Neither the consultants , subconsultants , contractors , subcontractors , nor any of its officers , agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers , agents or employees . " Be LIABILITY INSURANCE : The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida , affording public liability insurance with combined bodily injury limits of at least $ 100 , 000 per person and $ 300 , 000 each occurrence , and property damage insurance of at least $ 50 , 000 each occurrence , for the services to be rendered in accordance with this Agreement . In addition to any other forms of insurance or bonds required under the terms of the agreement , when it includes construction within the limits of a railroad right-of-way , the COUNTY must provide or cause its contractor to provide insurance coverage in accordance with Section 7 - 13 of the DEPARTMENT ' S Standard Specifications for Road and Bridge Construction ( 2007 ) , as amended . C . WORKER' S COMPENSATION : The COUNTY shall also carry and keep in force Worker' s Compensation insurance as required for the State of Florida under the Worker' s Compensation Law . 4 OF 7 6 . COMPLIANCE WITH LAWS A . The COUNTY shall allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter 119 , Florida Statutes , and made or received by the COUNTY in conjunction with this Agreement . Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT . B . The COUNTY shall comply with all federal , state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race , color, religion , sex or national origin in the performance of work under this Agreement . C . No funds received pursuant to this Agreement may be expended for lobbying the Legislature , the judicial branch , or a state agency . D . The COUNTY and the DEPARTMENT agree that the COUNTY , its employees , agents , contractors , subcontractors , consultants , and /or subconsultants are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337 . 274 , Florida Statutes . E . The COUNTY will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit " B " and Exhibit " C " , respectively which are attached hereto and made part of this Agreement . 7 . TERMINATION AND DEFAULT A . This Agreement may be terminated by either party upon default by the other party . Further, this Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination . The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy . The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors . B . If the Agreement is terminated before performance is completed , the COUNTY shall be paid for any remainder of actual costs incurred that have not been invoiced or paid , for work satisfactorily performed . 8 . MISCELLANEOUS A . All words used herein in the singular form shall extend to and include the plural . All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders . B . The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to this Agreement . C . In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY , 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 . D . This document incorporates and includes all prior negotiations , correspondence , conversations , agreements , or understandings applicable to the matters contained herein , and the parties agree that there are no commitments , agreements or understandings concerning the subject matter of this Agreement that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements 5 OF 7 whether oral or written . It is further agreed that no modification , amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith . E . If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination , the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement . F . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida . Venue of any judicial proceedings arising out of this Agreement shall be in Broward County , Florida , or as otherwise agreed to by the parties . G . This Agreement shall be effective upon execution by both parties . IN WITNESS WHEREOF , the COUNTY has caused this Agreement to be executed in its behalf this 1st day of December 200 9 , by the Chairman of the Board of Commissioners , authorized to enter into and execute same by Resolution Number 2009 - 178 of the Board on the 1 st day of December 2009 and the DEPARTMENT has executed this Agreement through its District' s Director of Transportation Development , District Four , Florida Department of Transportation . The effective date of this AGREEMENT shall be the execution date by the DEPARTMENT as stated on Page 1 of this AGREEMENT . INDIAN RIVER COUNTY, FLORIDA 6 C = ATTEST : ,► .l{• PA. RTQN ( SEAL ) BY : CLERK CHAIRIVIAiJ , 8OARb OF APPROVED AS TO FORM COUNTY COMMISSIONERS AND L GALS rZy TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY WILLIAM K . DEBRAAL - '"" ` " "` . � ✓ ~` DEPUTY COUNTY ATTORNEY p , -Cl,�' t , � -� -� 1 oo re ATTEST : ti � BY: ILI 000000 000 EXECUTIVE SEC ARYw ,�_ ` DIREC OF TRA POR ON tzz �- � DEVELOPMENT - DISTRICT F1 No APPROVED : LEGAL REVIEW : BY : B or: f PROFESSIONAL SE ICES OFFICE OF THE G NERAL COUNSEL ADMINISTRATOR 6 OF 7 Exhibit " A" Scope of Services The Project is for milling the existing pavement approximately 1 - 1 /2 resurfacing with minimum 2 ' of Superpave asphalt , add paved shoulders where permissible , add drainage facilities as needed , and stripe new pavement . 7 OF 7 Exhibit " B " FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to INDIAN RIVER COUNTY 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 , F . S . , 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 INDIAN RIVER COUNTY regarding such audit . INDIAN RIVER COUNTY 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 Florida ' s 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 . This agreement indicates Federal resources awarded through the Department by this agreement . In determining the Federal awards expended in its fiscal year , the recipient shall consider all sources of Federal awards , including Federal resources received from the Department . The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A - 133 , as revised . An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A - 133 , as revised , will meet the requirements of this part . 2 . In connection with the audit requirements addressed in Part I , paragraph 1 . , the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised . 3 . If the recipient expends less than $ 500 , 000 in Federal awards in its fiscal year , an audit conducted in accordance with the provisions of OMB Circular A - 133 , as revised , is not required . However , if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised , the cost of the audit must be paid from non - Federal resources ( i . e . , the cost of such an audit must be paid from recipient resources obtained from other than Federal entities ) . 4 . Federal awards are to be identified using the Catalog of Federal Domestic Assistance ( CFDA ) title and number , award number and year , and name of the awarding federal agency . PART II : STATE FUNDED Recipients of state funds ( i . e . a nonstate entity as defined by Section 215 . 97 ( 2 ) ( 1 ) , 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 , 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 Department of Financial Services and the CFO ; and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for - profit organizations ) , Rules of the Auditor General . 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 nonstate entities . State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate 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 . 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 an audit conducted in accordance with the provisions of Section 215 . 97 , Florida Statutes , the cost of the audit must be paid from the nonstate entity ' s resources ( i . e . , the cost of such an audit must be paid from the recipient ' s resources obtained from other than State entities ) . 4 . State awards are to be identified using the Catalog of State Financial Assistance ( CSFA ) title and number , award number and year , and name of the state agency awarding it . PART III : OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings . Preparation of a summary schedule of prior year audit findings , including corrective action and current status of the audit findings is required . Current year audit findings require corrective action and status of findings . Records related to unresolved audit findings , appeals , or litigation shall be retained until the action is completed or the dispute is resolved . Access to project records and audit work papers shall be given to the FDOT , 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 reporting packages for audits conducted in accordance with OMB Circular A- 133 , as revised , and required by PART I of this agreement shall be submitted , when required by Section . 320 ( d ) , OMB Circular A- 133 , as revised , by or on behalf of the recipient directly to each of the following : A. The Department at each of the following address : Florida Department of Transportation , 3400 W . Commercial Blvd . Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 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 , should be submitted to the Federal Audit Clearinghouse ) , 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 reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A - 133 , as revised , is not required to be submitted to the Department for reasons pursuant to section . 320 ( e ) ( 2 ) , OMB Circular A - 133 , as revised , the recipient shall submit the required written notification pursuant to Section . 320 ( e ) ( 2 ) and a copy of the recipient ' s audited schedule of expenditures of Federal awards directly to each of the following : Florida Department of Transportation , 3400 W . Commercial Blvd . Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison In addition , pursuant to Section . 320 ( f ) , OMB Circular A - 133 , as revised , the recipient shall submit a copy of the 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 address : Florida Department of Transportation , 3400 W . Commercial Blvd . Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 3 . Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following : A . The Department at each of the following address : Florida Department of Transportation , 3400 W . Commercial Blvd . Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 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 directly to : A . The Department at each of the following address : Florida Department of Transportation , 3400 W . Commercial Blvd . Ft . Lauderdale , FL 33309 Karen Maxon , District Single Audit Liaison 5 . Any reports , management letter , or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A- 133 , 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 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 reporting package was delivered to the recipient in correspondence accompanying the reporting package . PART V : RECORD RETENTION 1 . The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued , and shall allow the Department , or its designee , CFO , or Auditor General access to such records upon request . The recipient shall ensure that audit working papers are made available to the Department , or its designee , CFO , or Auditor General upon request for a period of at least five years from the date the audit report is issued , unless extended in writing by the Department . FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below . If the resources awarded to the recipient represent more than one Federal or State program , provide the same information for each program and the total resources awarded . Compliance Requirements applicable to each State program should also be listed below . If the resources awarded to the recipient represent more than one program , list applicable compliance requirements for each program in the same manner as shown here : EXHIBIT " C " SINGLE AUDIT COMPLIANCE REQUIREMENTS STATE RESOURCES State Agency Catalog of State Financial Assistance ( Number Et Title ) Amount DOT 55 . 009 Small County Outreach Program $ 378 , 066 . 00 ( Department of Transportation ) Compliance Requirement : Activities Allowed : Allowed : per F . S . 339 . 2818 , Department of Transportation - approved roadway projects involving repairing or rehabilitating county bridges , paving unpaved roads , addressing road - related drainage improvements , resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads . All projects funded under this section shall be included in the department's work program developed pursuant to F . S . 339 . 135 . Allowable Costs : Direct project costs ( design , construction , construction engineering and inspection ) Cash Management : See Part III . Eligibility : Per F . S . 339 . 2818 , any county that has a population of 150 , 000 or less as determined by the most recent official estimate pursuant to F . S . 186 . 901 . Equipment / Real See Part III . Property Management . Matching . Per F . S . 339 . 2818 , the department shall fund 75 percent of the cost of projects on county roads funded under the program . The county' s 25 percent share can be funds or in - kind services . Waiver - eligible counties may request , from the Department , a waiver of this match as part of the Rural Economic Development Initiative ( REDI ) . Period of See Part III . Availability : Reporting : In the event that a recipient expends $ 500 , 000 or more in State awards during its fiscal year , the recipient must have a state single or program specific audit conducted in accordance with Section 215 . 97 , Florida Statutes , and Chapter 10 . 600 , Rules of the Auditor General . If a recipient expends less than $ 500 , 000 in State awards during its fiscal year , an audit conducted in accordance with Section 215 . 97 , Florida Statutes , and Chapter 10 . 600 , Rules of the Auditor General is not required . If a recipient expends less than $ 500 , 000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215 . 97 , Florida Statutes , and Chapter 10 . 600 , Rules of the Auditor General , the cost of the audit must be paid from non - State funds . Subrecipient See Part III . Monitoring : RESOLUTION NO . 2009 - 178 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN ' S EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR OLD DIXIE HIGHWAY RESURFACING . WHEREAS , the resurfacing of Old Dixie Highway from US - 1 to 53rd Street is an Indian River County priority project ; and WHEREAS , the Florida Department of Transportation ( FDOT ) is prepared to provide funds to pay a portion of the cost for resurfacing of Old Dixie Highway under the Small County Outreach Program ( SCOP ) ; and WHEREAS , the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match . NOW THEREFORE , BE IT RESOLVED , that the Indian River County Board of County Commissioners that the Chairman is authorized to execute District Four Small County Outreach Program as described above . The resolution was moved for adoption by Commissioner Da v is and the motion was seconded by Commissioner Wheel er and , upon being put to a vote , the vote was as follows : Chairman Peter D . O ' Bryan Aye Vice- Chairman Bob Solari Absent Commissioner Wesley S . Davis Aye Commissioner Joseph E . Flescher Aye Commissioner Gary C . Wheeler Ave The Chairman thereupon declared the resolution duly passed and adopted this 1st day of Dec , 2005 . BOARD OF COUNTY COMMISSIONERS INDIA RIVER COUNTY , FLORIDA By : , 3 Peter D . O ' Bryan , Chair an ATTEST : Jeffrey K . Barton , Clerk By : eputy Clerk Approved s to for and e a uffici By : William K . DeBraal Deputy County Attorney F : \Public Works\ Luanne M \Resolutions\Old Dixie USl -53rd St FDOT SCOP Resolution 10-30-09 .doc Kennedy , Leos From . The job F1989DKR Sent : Wednesday , December 16 , 2009 3 : 36 PM To : Kennedy , Leos Subject : FUNDS APPROVAL/ REVIEWED FOR CONTRACT APS88 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #APS88 Contract Type : AK Method of Procurement : G Vendor Name : INDIAN RIVER Vendor ID . VF596000679001 Beginning date of this Agmt : 12 / 21 / 09 Ending date of this Agmt : 06 / 30 / 11 Contract Total / Budgetary Ceiling : ct = $ 378 , 066 . 00 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Description : Resurfacing of Old Dixie Highway from US - 1 to 53rd Street , I ncluding Reconstruction of paved shoulders * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ORG - CODE * EO * OBJECT * AMOUNT * FIN PROJECT * FCT * CFDA ( FISCAL YEAR ) * BUDGET ENTITY * CATEGORY / CAT YEAR AMENDMENT ID * SEQ . * USER ASSIGNED ID * ENC LINE ( 6S ) / STATUS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action : ORIGINAL Funds have been : APPROVED 55 043010404 * OM * 750087 * 378066 . 00 * 42562515801 * 215 2010 * 55150200 * 085576 / 10 0001 * 00 * * 0001 / 04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL AMOUNT : * $ 378 , 066 . 00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FUNDS APPROVED/ REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER DATE : 12 / 16 / 2009 1