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Home My WebLink About2008-190=/7-J3 Contract No.. AF -996 r (� G �? _ FM No: 2286134-54-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EYL 11 INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT AMENDMENT NUMBER TWO THIS AMENDMENT made and entered into this .21,`i' day of 't""Ie, , 200$, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY, located at 180127th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on September 22, 1998 the parties entered into a Joint Participation Agreement hereinafter referred to as AGREEMENT, wherein the COUNTY agreed to provide certain improvements in connection with the enhancement of computerized Traffic Signal System operations, in Indian River County, Florida for FM# 2286134-54-01 and hereinafter referred to as the PROJECT; and, WHEREAS, the parties amended the Agreement on October 7, 2003 (AMENDMENT NUMBER ONE); and WHEREAS, the parties desire to further amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Agreement dated September 22, 1998, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The Agreement is amended to include to the Federal and State Audit provisions set forth in Exhibit "A" of this Amendment, attached hereto and a made a part hereof. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on September 22, 1998 and amended on October 7, 2003, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2 i IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. 2008-078 hereto attached. INDIAN RIVER, 0cT,Yr�a�, BOARD OF C$�VA�d SSIONERS BY: C NAME: TITLE, ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION y gOFF o BY: ROS LY"UIROZ. r ofDI CTOR OF TRANSF b.�r; q1,. 1 01 g2 J.K. 5AK I UN CLERK CIRCUIT COURT APPRnvFn* BY: COUNTY ATTORNEY APPROVED: (AS TO FORM) A F APPROVED: BY: 2 of 2 TOR ... �{ c& i. ice:. .. x a:..;.t .k .....:wus ,. .: la 3iaL#c.. f9 '' ^t1 G"'itl§,a i64LW'�.i1., 9d $�.k EXHIBIT "A" 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 recipient agrees to comply with any additional instructions provided by the Department staff to 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 We 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 addresses: 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 10`h 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 addresses. 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 addresses: 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 addresses: 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: STATE RESOURCES State Agency Catalog of State Financial Assistance (Number >=t Title) Amount DOT 55.023 State Highway Project Reimbursement $1,270,288.00 (Department of Transportation) Compliance Requirements Activities Allowed: Project costs must be incurred subsequent to agreement execution (contract provision). Project scope of services identifies the types of work that are eligible for reimbursement (contract provision). Allowable Costs. Identified in the contract document up to a lump sum or maximum limiting amount. Eligibility: Project must be on the State Highway System. Period of Availability: State Fiscal Year: July 1 to June 30. The contract must be executed during the fiscal year for which state funds are programmed. Once committed, the funds certify forward across fiscal years for the life of the contract. Reporting: Project costs are reviewed and approved upon receipt of an invoice from the county of municipality. Subrecipient The county or municipality is responsible for monitoring to work of Monitoring: subrecipients. Subrecipient invoices are reviewed, verified and paid by the county of municipality. County or municipality invoices are then reviewed and approved for payment by FDOT. Subrecipients do not invoice FDOT directly. RESOLUTION NO. 2008- o78 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF _ INDIAN RIVER _COUNTY, FLORIDA, _AUTHORIZING -THE EXECUTION OF DISTRICT FOUR JOINT PARTICIPATION AGREEMENT AMENDMENT NUMBER TWO FOR ENHANCEMENT OF COMPUTERIZED TRAFFIC SIGNAL SYSTEM OPERATIONS IN INDIAN RIVER COUNTY WHEREAS, on September 22, 1998, the State of Florida Department of Transportation and Indian River County entered into a Joint Participation Agreement for Traffic Signal System Enhancements; and WHEREAS, the State of Florida Department of Transportation has prepared an amendment to include standard Federal and State Audit provisions, which are now required to be part of every State of Florida Department of Transportation agreement, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute District Four Joint Participation Agreement Amendment Number Two as described above. The resolution was moved for adoption by Commissioner Wesley S. Davis , and the motion was seconded by Commissioner Gary C. Wheeler , and, upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden AYe Vice -Chairman Wesley S. Davis ye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of June , 2008. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNT`,) FI„ORIDA ..AL==M n, Chairman ATTEST: J F K. Barton,- y Deputy C!eI: k _ .e: By: William K. DeBraal Deputy County Attorney STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON. FILE IN THIS OFFICE JEFFREY K. BARTON, CLERK BY, D.C. DATE F:\Public Works\Luanne WResolutions\IRC JPA Traffic Signal system resolution 06-09-08.doc Florida Department of Transportation CHARLIE CRIST PROFESSIONAL AND OTHER CONTRACTUAL SERVICES—DISTRICT IV STEPIIANIE C. KOPELOUSOS GOVERNOR 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421 SECRETARY Telephone: (954) 777-4603 • Fax (954) 777-4602 Mr. Christopher R. Mora, P.E. INDIAN RIVER COUNTY 1801 27th Street Vero Beach, FL 32960 Contract No., RE: FM Number. Description: Dear Mr. Mora: June 26, 2008 AF -996 Joint Participation Agreement, Amendment No. 2 228613-1-54-01 TRAFFIC SIGNAL SYSTEM ENHANCEMENTS Enclosed please find two (2) original of the executed Joint Participation Agreement Amendment for the referenced project. These documents are for you records. Thank you for your assistance in this matter. If you have any questions, please call me. I can be reached at (954) 777-2285 Sincerely, Hedy, Jr. Professional Services District Four Enclosure: JPA Agreement Copy: Marilda Hoover, P.E. - FDOT Project Manager Financial Services File www.dot.state.fl.us