HomeMy WebLinkAbout2012-042 Appropriation Bill Number( s)/Line Number(s ) � -
SB 2000 : 1938 Contract No . : Pn L - lnq
DUNS No . : 80 -9394102 Financial Project No . : 425624 - 1 -58-01
CSFA No . , 55 . 009
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
THIS Small County Outreach Program Agreement ( hereinafter referred to as "AGREEMENT") ,
entered into this 2q 4A day of t!fakCh 20 124 , 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 in
accordance with Section 339 . 2818 , Florida Statutes under Financial Management ( FM ) No . 425624A ,
58-01 ( Funded in Fiscal Year 2011 /2012 ) for the construction of 5 foot concrete sidewalk , north - bound
turn lane , intersection improvements at 27th Avenue and SW 5th Street , and resurfacing of 27th Avenue
from CR-606/0slo Road to SR -60/20th Street , hereinafter referred to as the " Project" ; and
WHEREAS , the COUNTY by Resolution No . 2012 - 016 dated the
6th day of March 2012a 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 ( Intersection Improvements and Resurfacing ) , as described in Exhibit
A , Scope of Services attached hereto and made part hereof.
Be 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 .
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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 .
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 any
consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section
287 . 055 , Florida Statutes) .
In the event the COUNTY proceeds with the intersection improvements and resurfacing of the Project
with its own forces , the COUNTY will only be reimbursed for direct costs (this excludes general and
administrative overhead ) . However, before the COUNTY can proceed with its own forces , all
personnel shall be pre -approved by the DEPARTMENT .
E . The COUNTY shall not assign or transfer any work under this Agreement without the 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 Kafer
Florida Dept . of Transportation Indian River County- Public Works Dept .
3400 W . Commercial Blvd , 1801 27th Street , Building A
Ft . Lauderdale , Florida 33309 Vero Beach , Florida 32960
Copy to : Ellen Daniel 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 , 2014 , whichever occurs first , or if terminated
earlier 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 ONE MILLION FOUR HUNDRED SEVENTY THREE
THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS ($ 1 , 473 , 565 . 00 ) . The DEPARTMENT will fund
75 % of the estimated cost of the Project which is ONE MILLION ONE HUNDRED FIVE THOUSAND
ONE HUNDRED SEVENTY FOUR DOLLARS ($ 1 , 105 , 174 . 00 ) , for the Construction of the Project .
The COUNTY shall be responsible for all costs in excess of the DEPARTMENT' S participation . The
COUNTY' S matching participation is in the form of Local (COUNTY) funds equal to 25 % of the Project
costs plus the remaining portion of the accepted bid amount that exceeds the DEPARTMENT' S
participation . However, in the event the total Project cost is less than the estimated Project cost stated
above , the DEPARTMENT shall only pay 75 % of the lesser amount and all remaining costs of the
Project will be paid by the COUNTY .
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B . The COUNTY acknowledges and agrees that funding for this Project may be reduced upon
determination of the award amount and execution of an Amendment .
C . 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 executed payrolls , time records ,
invoices , contracts or vouchers evidencing in detail sufficient to the DEPARTMENT the nature and
propriety of the charges .
D . The COUNTY shall provide quantifiable , measurable , and verifiable units of deliverables .
Each deliverable must specify the minimum level of service to be performed and the criteria for
evaluating successful completion . The deliverables for this Project are shown in Exhibit B , Pay Items ,
attached hereto and made a part hereof.
E . The COUNTY shall submit one invoice (4 copies) in detail sufficient for pre -audit and post-
audit thereof, based on the quantifiable , measurable , and verifiable units of deliverables as
established in Exhibit B , plus supporting documentation required by the DEPARTMENT , to the
Project Manager for approval and processing on a quarterly basis .
F . Upon submission of a quarterly invoice , the DEPARTMENT ' s Project Manager will notify the
DEPARTMENT' s local Operations Engineer to inspect and verify that services by the COUNTY has
met or does not meet the DEPARTMENT ' s standards/minimum level of service .
G . Deliverables must be received and accepted in writing by the DEPARTMENT ' s Project
Manager or designee prior to any reimbursement .
Supporting documentation must establish that the deliverables were received and accepted in
writing by the COUNTY and that the required minimum level of service to be performed based on the
criteria for evaluating successful completion as specified in Paragraph F has been performed .
H . 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 may not be paid . The
final balance due under this Agreement will be reimbursed upon the completion of all Project services ,
receipt of final cost documentation , and proper submission of a detailed invoice after the Project has
been inspected , approved , and accepted to the satisfaction of the DEPARTMENT in writing .
I . 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 .
J . 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 .
K . Pursuant to Section 287 . 0582 , the DEPARTMENT' S obligation to pay under this Agreement is
contingent upon an annual appropriation by the Florida Legislature .
L . 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 ) business days to inspect and
approve the good and services , unless the Agreement specifies otherwise . The DEPARTMENT has
twenty ( 20 ) business days to deliver a request for payment (voucher) to the Department of Financial
Services . The twenty ( 20) business 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 forty (40) business 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 .
Page 3
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 .
M . 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 Services ' Hotline at 1 -
877 -693-5236 .
N . 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 .
O . The DEPARTMENT , during anyfiscal year, shall not expend money, incurany liability , orenter
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 orwritten , 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 .
P . 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 .
Q . 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 .
5 . INDEMNITY AND INSURANCE
A . i ) When either party receives notice of a 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 :
Page 4
"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 or intentional 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 .
B . 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 $200 , 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 . The
COUNTY shall have the DEPARTMENT endorsed as additionally insured with regards to the general
liability . 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 contract to provide insurance coverage in accordance with Section 7 - 13 of the
DEPARTMENT' S Standard Specifications for Road and Bridge Construction (2010) , 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 .
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 C and Exhibit D , respectively , which are attached
hereto and made part of this Agreement .
F . E -Verify . The COUNTY / Vendor/ Contractor :
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 the COUNTY / Vendor/ Contractor during the term
of the contract ; and
Page 5
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 .
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 anytime 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 actual costs incurred that have not been invoiced or paid , for work satisfactorily performed prior to
the date of termination .
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 matter 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
terms hereof shall be predicated upon any prior representation or agreements whether oral orwritten .
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 for 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 .
Page 6
IN WITNESS WHEREOF , the COUNTY ha! 2aused this Agreement to be executed in its
behalf this 6th day of Marc , 20_1 by the Chairman of the Board of
Commissioners , authorized to enter into and execute same by Resolution Number
2012 - 016 of the Board on the 6th day of March 20 12 , 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
ATTEST : V � ��. � � 1 , ', BY :
C , rk of Court (SEAL) NAME : Gar . Wheeler
TITLE : Chairman , Board of County Commissioners
.. •• GoMr�� iss,
Approved as to Form and Correctness :
°?°qt;R N;�y� •
4, , ryER COU N•N
/• 44p44p npp NYYN
County Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST : '�� r BY :
.' v F
EXECUTIVE SECRETARY ( SE)'&,) - -.. DIRE TOR Ot TRANSPORTATION
D DEVELOPMENT - DISTRICT FOYR
47
} _. a
APPROVED : :a ' " LEGAL REVIEW :
BY : BY :
PROFESSIONAL SERV ESADMINISTRATOR O HE NERAL COUNSEL
r '
Pag /7/ /
Exhibit A
Scope of Services
FM# 425624 - 1 -58 =01
INITIAL SCOPE OF WORK
Construction of 5 foot concrete sidewalk , north -bound turn lane , intersection improvements at 27th
Avenue and SW 5th Street , and resurfacing of 27th Avenue from CR-606/Oslo Road to SR60/20th
Street ,
Page 8
Exhibit B
DELIVERABLES
27th AVENUE INTERSECTION IMPROVEMENTS & RESURFACING
FROM CR-606/OSLO ROAD TO SR-60/20th STREET
INDIAN RIVER COUNTY, FLORIDA
ITEM ESTIMATED UNIT
QTYS .
MOBILIZATION 1 LS
MAINTENANCE OF TRAFFIC _ 1 LS
EROSION AND WATER POLLUTION CONTROL _ 1 LS
CLEARING AND GRUBBING 1 LS
EXCAVATION REGULAR 319 Cy
EMBANKMENT 183 Cy
TYPE " B" STABILIZATION 12' SUBGRADE LBR 40 11958 SY
8" COQUINA OPTIONAL BASE GROUP 6 11537 SY
MILLING EXISTING ASPHALT PAVEMENT (DEPTH VARIES FROM 1 " TO 2") 77 , 506 SY
TYPE S . P . 12 . 5 ASPHALITIC CONCRETE 1 1 /2" THICK _ 11213 SY
TYPE S . P . 9 . 5 ASPHALITIC CONCRETE 1 " THICK _ 1 , 213 _SY
TYPE S . P . 9 . 5 ASPHALITIC CONCRETE 2" THICK , 2 LIFTS 77 , 506 SY
INLET STRUCTURE (TYPE " C") 3 EA
INLET STRUCTURE TYPE " E" _ 1 EA
MANHOLE STRUCTURE (TYPE P-7) 1 EA
MANHOLE , ADJUST 2 EA
CONCRETE PIPE CULVERT CLASS III - 18") 148 LF
CONCRETE PIPE CULVERT CLASS III - 12" X 18") 40 LF
VALVE BOX ADJUSTMENT _ 5 EA
CONCRETE CURB & GUTTER (TYPE F) 614 LF
CONCRETE VALLEY GUTTER 71 LF
CONCRETE SIDEWALK 6" THICK 282 SY
PERFORMANCE TURF- SOD ( BAHIA) 21 , 000 SY
PERFORMANCE TURF- SOD ( FLORATEM ) _ 9 , 000 SY
LOOP ASSEMBLY TYPE B (ADVANCE LOOP 6' X 6' WITH LEAD-IN) ( FURNISH AND INSTALL) 8 EA
LOOP ASSEMBLY TYPE F 6' X 40' FURNISH AND INSTALL 28 EA
SINGLE SIGN POST (< 12 SF ( R2- 1 SPEED LIMIT) 2 EA
RETRO- REFLECTIVE PAV'T MARKER BI - DIRECTIONAL AMBER/AMBER 1 , 183 EA
RETRO-REFLECTIVE PAV'T MARKER BI - DIRECTIONAL WHITE/MONO 127 EA
SOLID TRAFFIC STRIPE 6" WHITE 39 , 379 LF
SOLID TRAFFIC STRIPE 12" WHITE 11175 LF
SOLID TRAFFIC STRIPE 24" WHITE 308 LF
6" SKIP TRAFFIC STRIPE , WHITE 6'- 10' 3 , 994 LF
DIRECTIONAL ARROWS 41 _EA
SOLID TRAFFIC STRIPE DOULBE 6" YELLOW) 16 , 318 LF
SOLID TRAFFIC STRIPE 18" YELLOM 566 LF
6" SKIP TRAFFIC STRIP , YELLOW 10' - 39) 61570 LF
* The Participant will need written approval from the Department, if deviating from the items shown in
Exhibit B .
Page 9
EXHIBIT " C "
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 .
Page 10
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 11 , 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 Department , 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 :
Page 11
A . The Department at 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 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 the following :
A . The Department at the following address :
Florida Department of Transportation
3400 W . Commercial Blvd .
Ft , Lauderdale , FL 33309
Karen Maxon , District Single Audit Liaison
Page 12
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 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 foraudits 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 .
Page 13
EXHIBIT " D "
SINGLE AUDIT COMPLIANCE REQUIREMENTS
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 & Title) Amount
DOT 55 . 009 Small County Outreach Program $ 1 , 105 , 174 . 00
( Department of Transportation )
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 State Fiscal Year : July 1 to June 30 . The contract must be executed
Availability . 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.
Page 14
RESOLUTION NO . 2012 - 016
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 INTERSECTION
IMPROVEMENTS AT 27TH AVENUE AND SW 5TH STREET, AND RESURFACING OF 27TH AVENUE FROM
CR-606/ OSLO ROAD TO SR-60/20TH STREET .
WHEREAS, the resurfacing of 27th Avenue 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 27th Avenue 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 BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make , execute , and
deliver to the State of Florida , Department of Transportation , a Small County Outreach Program
Agreement for the aforementioned project .
The foregoing resolution was offered by Commissioner Davis who moved
its adoption . The motion was seconded by Commissioner Flescher and , upon being put to a
vote , the vote was as follows :
Chairman Gary C . Wheeler Aye
Vice - Chairman Peter D . O' Bryan Ave
Commissioner Wesley S . Davis Aye
Commissioner Joseph E . Flescher Aye
Commissioner Bob Solari Aye
The Chairman thereupon declared the resolution passed and adopted this 6th day
of March , 2012 .
BOARD OF COUNTY COMMISSSIONERS �yo •
OF INDIAN RIVER COUNTY, FLORIDA of?'
aryC . Vfeeler, Chairman
Attest : ''•qyA Nay, •'
Jeffrey K . Barton , Clerk NfR COU
b444bb NNNN 4M
� Y
By ;
' County Attorney Deputy Clerk
Approved as to Form and Legal Sufficiency
F :APublic WorksTNGINEERING DIVISION PROJECTS\0391 -27th Ave at 5th St SW\Admim\agenda items\Resolution SCOP Agreement 02-03 -
12 . doc
Kennedy , Leos
From : The job F1989HLR
Sent : Thursday , March 22 , 2012 2 : 37 PM
To : Kennedy , Leos
Subject : FUNDS APPROVAL/ REVIEWED FOR CONTRACT AQL69
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AQL69 Contract Type : Method of Procurement :
Vendor Name : INDIAN RVR CTY
Vendor ID : VF596000674016
Beginning date of this Agmt : 03 / 23 / 12
Ending date of this Agmt : 06 / 30 / 14
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * *
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 * 1105174 . 00 * 42562415801 * 215
2012 * 55150200 * 085576 / 12
0001 * 00 * * 0001 / 04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL AMOUNT : * $ 1 , 105 , 174 . 00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
FUNDS APPROVED / REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER
DATE : 03 / 22 / 2012
Please provide us your feedback on the Contract Funds Management System .
A survey is available at the following link .0
http • / / cosharepoint dot state fl us / sites / OOC / FMO / CFM / default . aspx
under the Surveys tab .
Thank you in advance for your time !
i