HomeMy WebLinkAbout2011-193 C) c� � 0 � / II
Appropriation Bill Number(s )/Line Number ( s ) Contract No . :
SB 2000 : FM Nos . : 228613 -3 -54 -01
DUNS No . : 80-939-7102 F . A . P No :
CFDA No . : N/A FEID No . : VF-596 -000 -322 _
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
THIS Joint Participation Agreement (hereinafter referred to as "Agreement ") , entered into this
day of , 20 , by and between the State of Florida Department of
Transportation hereinafter called the DEPARTMENT , and Indian River County located at 1801 27th
Street , Vero Beach, Florida, 32960 , hereinafter referred to as the PARTICIPANT .
WITNESSETH
WHEREAS , the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT
make certain enhancements in connection with Financial Management ( FM) Number 228613 - 3 - 54-01
( Funded in Fiscal Year 2011 /2012 through 2013 /2014) for the upgrades to Traffic Signal System
Equipment located on the State Highway and Federal Aid Highway System in Indian River County,
Florida . Refer to Exhibit A attached hereto and made of part hereof; and
WHEREAS , the DEPARTMENT is prepared to contribute funds toward furnishing and installing
upgrades to the hardware and software on existing traffic signal systems ; and
WHEREAS , for purposes of this Agreement, enhancements to be made as stated above are hereinafter
referred to as the Project ; and
WHEREAS , said Project is on the State Highway System , is not revenue producing and is contained in
the DEPARTMENT ' S Adopted Work Program ; and
WHEREAS , the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT
and it would be more practical , expeditious , and economical for the PARTICIPANT to perform such
activities ; and
WHEREAS , the PARTICIPANT by Resolution No . v� �(.�' ) l O Its ` , adopted on
c, 6 . 20 i I , a copy of which is attached hereto and made a part hereof, authorizes
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the proper officials to enter into this Agreement .
NOW , THEREFORE , in consideration of the mutual benefits to be derived from joint participation on
the Project , the parties agree to the following :
1 . The recitals set forth above are true and correct and are deemed incorporated herein .
2 . The PARTICIPANT shall commence and complete the Project as described in Exhibit A
with all practical dispatch in a sound , economical , and efficient manner and in
accordance with the provisions herein .
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The PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal , State and Local laws , rules , regulations , guidelines and standards .
3 . The DEPARTMENT shall make available to the PARTICIPANT upon request any
design plans , standards , or specifications relevant to the PARTICIPANT enhancement
activities . The PARTICIPANT shall be responsible for verifying the accuracy of design
plans as supplied by the Department and shall revise them as necessary to reflect current
conditions .
4 . The PARTICIPANT shall have the sole responsibility for resolving claims and requests
for additional work for the Project . The PARTICIPANT will make best efforts to obtain
the DEPARTMENT ' s input in its decisions .
5 . Except as otherwise set forth herein, this Agreement shall continue in effect and
be
binding to both the PARTICIPANT and the DEPARTMENT until the Project is
completed as evidenced by the written acceptance of the DEPARTMENT or June 30 ,
2014 , whichever occurs first .
6 . The DEPARTMENT agrees to pay the PARTICIPANT for services described in Exhibit
A of this Agreement . The total DEPARTMENT share towards this PROJECT is an
estimated amount not to exceed SIX HUNDRED FIFTY SIX THOUSAND FOUR
HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS ( $ 656 ,462 . 50 ) , for actual
costs incurred . In the event the actual cost of the PROJECT exceeds the
DEPARTMENT ' S share of SIX HUNDRED FIFTY SIX THOUSAND FOUR
HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS ( $ 656 , 462 . 50) , any
additional cost shall be the sole responsibility of the PARTICIPANT .
7 . The PARTICIPANT shall provide quantifiable, measurable, and verifiable units of
deliverables . Each deliverable must specify the required minimum level of services to be
performed and the criteria for evaluating successful completion . The deliverables for this
Project are shown in Exhibit B .
8 . Upon submission by the PARTICIPANT of a quarterly invoice , the DEPARTMENT ' s
Project Manager will notify the DEPARTMENT ' s Traffic Operations Engineer to inspect
and verify that services by the PARTICIPANT meets or does not meet the
DEPARTMENT ' s standards/minimum level of service .
9 . Invoices shall be submitted by the PARTICIPANT in detail sufficient for proper preaudit
and postaudit thereof, based on the quantifiable, measurable, and verifiable units of
deliverables as established in Exhibit B . Deliverables must be received and accepted in
writing by the DEPARTMENT ' s Project Manager or designee prior to any
reimbursement .
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Supporting documentation must establish that the deliverables were received and
accepted in writing by the PARTICIPANT and that the required minimum level of
service to be performed based on the criteria for evaluating successful completion as
specified in Paragraph 7 , has been met. Supporting documentation shall include copies of
any invoices for software purchases , hardware, etc . , contracts , or vouchers evidencing in
proper detail the nature and propriety of the Project charges .
10 . The PARTICIPANT must submit the final invoice to the DEPARTMENT within 120
days after the final acceptance of the Project . Invoices submitted after the 120 days time
period may not be paid as determined at the sole discretion of the DEPARTMENT . 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 .
11 . The PARTICIPANT will comply with the Federal and State Audit provisions and the
Single Audit Compliance Requirements set forth in Exhibit C which is attached hereto
and made part of this Agreement .
12 . The PARTICIPANT acknowledges and agrees that the DEPARTMENT's obligation to
pay the sum set forth herein is contingent upon an annual appropriation by the Florida
Legislature .
13 . In the event the Project costs or Project modifications increase or exceed the amount
authorized in paragraph 6 , the DEPARTMENT and the PARTICIPANT shall meet and
attempt to mutually agree to the amount and distribution of the additional funding needed
to complete the Project . Any funding increase or modifications to the Project shall be
added by means of an amendment to the Agreement to be signed by both parties before
work is undertaken . However, in the event the PARTICIPANT and the DEPARTMENT
fail to negotiate an amendment for any reason whatsoever, then the increase in the Project
costs will be the sole responsibility of the PARTICIPANT .
14 . Project costs eligible for DEPARTMENT participation will be allowed only from the
date of this Agreement . It is understood that DEPARTMENT participation in eligible
Project costs is subject to :
a) Legislative approval of the DEPARTMENT ' s appropriation request in the Work
Program year that the Project is scheduled to be committed .
b ) Approval of all plans, specifications , contracts , and all other terms of this
Agreement .
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15 . Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the Department of Financial Services under Section
21 5 . 422 ( ] 4 ) , Florida Statutes , or by the Department ' s Comptroller under Section
334 . 044 ( 29 ) , Florida Statues .
16 . PARTICIPANT providing goods and services to the DEPARTMENT should be aware of
the following time frames . Upon receipt of an invoice from the COUNTY , the
DEPARTMENT has ( 10 ) ten working days to inspect and approve the goods and services
where working day is defined as any day of the week excluding Saturday, Sunday and
any legal holiday as designated in Section 110 . 117 , Florida Statutes . The
DEPARTMENT has 20 calendar days to deliver a request for payment (voucher) to the
Department of Financial Services . The 20 calendar days are measured from the latter of
the date the invoice is received or the goods or services are received , inspected
and
approved .
17 . If payment is not available within 40 calendar 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 PARTICIPANT . Interest penalties of less than one
( 1 ) dollar will not be enforced, unless the PARTICIPANT requests payment . Invoices
that have to be returned to the PARTICIPANT because of PARTICIPANT 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 .
18 . 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 payment( s) from a state agency. The
Vendor Ombudsman may be contacted at ( 850) 413 - 5516 .
19 . The PARTICIPANT shall establish for the Project , in conformity with uniform
requirements that may be established by the DEPARTMENT , program guidelines , or
procedures to facilitate the administration of the financing program , separate accounts to
be maintained within its existing accounting system or establish independent accounts .
Such accounts are referred to herein collectively as the ` Project Account ' . The Project
Account information shall be made available upon request by the DEPARTMENT at any
time during the period of this Agreement and for a period of five years after the final
payment is made .
20 . The PARTICIPANT shall provide to the DEPARTMENT for each of its fiscal years for
which the Project Account remains open , an audit report prepared either by its official
auditor or audit agency or an independent Certified Public Accountant, reflecting the use
of the funds of the DEPARTMENT , the PARTICIPANT , and those from any other
source with respect to the Project . Audits shall be performed in accordance with
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Generally Accepted Government Auditing Standards contained in the Standards for Audit
of Governmental Organizations Programs Activities and Functions , issued by the U . S .
General Accounting Office and OMB CircularsA- 13 3 where applicable .
21 . In determining the amount of any payment, the DEPARTMENT will exclude all Project
costs incurred by the PARTICIPANT prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project , and costs
attributable to goods or services received under a contract or other arrangements which
have not been approved in writing by the DEPARTMENT .
22 . Prior to performing any of the work set forth in Exhibit A , Scope of Services
, the
PARTICIPANT must obtain approval in writing by the DEPARTMENT . The
PARTICIPANT shall not execute any contract or obligate itself in any manner requiring
the disbursement of DEPARTMENT funds to consultants , subconsultants , contractors
and/or subcontractors , and/or any other third party with respect to the Project without the
prior written approval of the DEPARTMENT . Failure to obtain such approval shall be
sufficient cause for nonpayment by the DEPARTMENT . The DEPARTMENT
specifically reserves unto itself the right to review the qualifications of any consultants ,
subconsultants , contractors and /or subcontractors to approve or disapprove the
employment of the same .
23 . It is understood and agreed by the parties hereto that participation by the DEPARTMENT
in a Project with the PARTICIPANT , where said Project involves a consultant contract
for engineering, architecture or surveying services , is contingent on the PARTICIPANT
complying in full with provisions of Section 287 . 055 , Florida Statutes , Consultant ' s
Competitive Negotiation Act . At the discretion of the DEPARTMENT , the
PARTICIPANT will involve the DEPARTMENT in the Consultant Selection Process for
this Project . In all cases , the PARTICIPANT ' s attorney shall certify to the
DEPARTMENT that selection has been accomplished in compliance with the
Consultant ' s Competitive Negotiation Act .
24 . The PARTICIPANT agrees that the Project facilities and equipment will be used by the
PARTICIPANT to provide and/or support enhancements to the operation of the
computerized traffic signal system for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved
by the DEPARTMENT . The PARTICIPANT further agrees to maintain the Project
facilities and equipment in good working order for the useful life of said facilities or
equipment .
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25 . The PARTICIPANT agrees that no federal appropriated funds have been paid or will be
paid by or on behalf of the PARTICIPANT , to any person for influencing or attempting
to influence any officer or employee of any federal agency, a Member of Congress , an
officer or employee of Congress , or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan , the entering into of any cooperative agreement, and the extension ,
continuation , renewal , amendment or modification of any federal contract , grant , loan or
cooperative agreement .
26 . In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute
suit for the enforcement of the provisions of this Agreement, each party shall be
responsible to pay their own attorney fees and court costs . Venue with respect to any such
litigation shall be in Broward County.
27 . This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT . However, this Agreement shall run to the
DEPARTMENT and its successors .
28 . Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the Department of Financial Services under Section
215 . 422 ( 14 ) , Florida Statutes , or by the Department ' s Comptroller under Section
334 . 044 (29) , Florida Statues .
29 . Records of costs incurred under the 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
includes the PARTICIPANT ' s general accounting records and the project records ,
together with supporting documents and records , of the contractor and all subcontractors
performing work on the project, and all other records of the Contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit of costs .
30 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND
DOLLARS ( $ 25 , 000 . 00 ) and a term for a period of more than one year, the provisions of
Section 339 . 135 (6) (a) , Florida Statutes , are hereby incorporated :
" 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 such funds
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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 ; and this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ( $ 25 , 000 . 00 ) and which have a term for a period of
more than one year. "
31 . The PARTICIPANT will comply with all Federal , State, and Local laws and ordinances
applicable to the work or payment for work thereof, and will not discriminate on the
grounds of race, color, religion, sex , national origin , age, or disability in the performance
of work under the Agreement .
32 . E - Verify.
The PARTICIPANT/ Vendor/ Contractor :
a) 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 PARTICIPANT/
Vendor/Contractor during the term of the contract ; and
b ) 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 .
33 . The PARTICIPANT warrants that it has not employed or obtained any company or
person , other than bona fide employees of the PARTICIPANT , to solicit or secure this
Agreement, and it has not paid or agreed to pay any company, corporation , individual or
firm , other than a bona fide employee employed by the PARTICIPANT . For breach or
violation of this provision, the DEPARTMENT shall have the right to terminate the
Agreement without liability .
34 . With respect to any of the PARTICIPANT ' s agents , consultants , subconsultants ,
contractors , and/or sub - contractors , such party in any contract for this Project shall agree
to indemnify, defend , save and hold harmless the DEPARTMENT from all claims ,
demands , liabilities , and suits of any nature arising out of, because of or due to
any
intentional and/or negligent act or occurrence, omission or commission of such agents ,
consultants , subconsultants , contractors and/or subcontractors . The PARTICIPANT shall
provide to the DEPARTMENT written evidence of the foregoing upon the request of the
DEPARTMENT . It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the DEPARTMENT for its own negligence .
35 . This Agreement is governed by and construed in accordance with the laws of the State of
Florida .
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36 . 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 whether oral or written . It is further agreed that no
modification , amendment, or alteration in the terms and conditions contained herein shall
be effective unless contained in a written document executed with the same formality and
of equal dignity herewith .
37 . Any or all notices ( except invoices ) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified
mail , return receipt requested . All notices delivered shall be sent to the following
addresses :
If to the DEPARTMENT :
Florida Department of Transportation - District Four
3400 West Commercial Blvd .
Fort Lauderdale, Florida 33309 - 3421
Attn : Leos A . Kennedy, Jr.
With a copy to : Jonathan Overton
A second copy to : Office of the General Counsel
If to the PARTICIPANT :
Indian River County
1801 27`x' Street
Vero Beach , Florida 32960
Attn : Mr. Chris Mora, Public Works Director
With A Copy to : City Attorney
SPACE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF , this Agreement is to be executed by the parties below for the
purposes specified herein . Authorization has been given to enter into and execute this Agreement by
Resolution No . I ` J I `l ( r, , hereto attached .
STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
BY : BY :
NAME : o ➢ _�� I Ca r COURTNEY DRUMMOND , P . E .
TITLE : ' ( � r 14, a k. ' _ DIRECTOR OF TRANSPORTATION OPERATIONS
' day of r `1 r o 1 r 120
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J .K . BARTON * 4044004
CLERK CIRCUIT COURT BY :
CLERK ( SEAL) OFFICE OF THE GENERAL COUNSEL
APPROVED AS TO FORM APPROVED :
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BY ' � ; ' � s�,, BY :
COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
Page 9
EXHIBIT " A "
PROJECT DESCRIPTION AND RESPONSIBILITIES
The PARTICIPANT shall furnish and install hardware and software needed to optimize the operational
efficiency of the existing traffic signal system . These resources are limited to traffic signal equipment
(i . e . hardware and software) . These signal system enhancements will specifically improve the areas of
system timing plan development, implementation, and system communications network operations and
maintenance .
Page 10
Exhibit B
Project Deliverables
PROJECT DELIVERABLES :
The PARTICIPANT shall furnish and install hardware and software needed to optimize the
operational efficiency of the existing traffic signal system . The deliverables for this Project are
as follows :
Reimbursable items include :
• Fiber Trunk Lines - Fiber Optic lines that provides traffic signal communication
connectivity between signalized intersections and Indian River County ' s Traffic
Management Center.
Refer to the following below for the enhancements and cost of said enhancements to be
performed during the duration of the Agreement .
FY 2011 /2012 - FY 2013/2014 DESCRIPTION OF ENHANCEMENTS :
• 12 "' Street from Indian River Blvd . to Old Dixie - Installation of a trunk fiber line
from 12 "' Street at Old Dixie and ends at 12 "' Street and Indian River Blvd .
• 8t1' Street from 6"' Avenue to Old Dixie - Installation of a trunk fiber line from 8 "'
Street and Old Dixie and ends at 8t" Street and 6"' Avenue .
• Indian River Boulevard from Royal Palm Blvd . to Barber Bridge — Installation
of a trunk fiber line from Indian River Blvd . and Royal Palm Blvd . and ends Indian
River Blvd .
• Olso Road from 58 "' Avenue to 82nd Avenue, then North SR- 60 — This is step
one of the installation of a trunk fiber line along Olso Road . Olso Road from 58 "'
Avenue West to 82nd Avenue ( approximately 3 miles) .
• Olso Road from 58"' Avenue to 82nd Avenue, then North SR-60 — This is step
two of the installation of a trunk fiber line along Olso Road . 82nd Avenue from Olso
Road North to SR- 60 ( approximately 2 miles ) .
Task to be Performed Task Price
Fiber Line Drop / Installation at 121h Street from Indian River Blvd . to Old Dixie $38, 530 . 00
Fiber Line Drop / Installation at Commerce and 12th Street $19, 032 . 50
Fiber Line Drop / Installation at 1211 Street and 60h Avenue $19,032 . 50
Fiber Line Drop / Installation at 12th Street and Indian River Blvd $19, 032 . 50
Fiber Line Drop / Installation at 801 Street from 6th Avenue to Old Dixie $19,830 . 00
Fiber Line Drop / Installation at Old Dixie and 8th Street $19,032 . 50
Fiber Line Drop/ Installation at 6t1 Avenue and 8th Street $19,032 . 50
Fiber Line Drop / Installation at Indian River Blvd . and Royal Palm Blvd . to Barber $24,875 . 00
Bridge
Fiber Line Drop / Installation at Indian River Blvd . and Barber Bridge $19,032 . 50
Fiber Line Drop / Installation at 66th Avenue and 57t1, Street $19,032 . 50
Fiber Line Drop / Installation at 57t11 Street and 5801 Avenue $19,032 . 50
Fiber Line Drop / Installation at Olso Road from 58th Avenue to 821d Avenue, then $200,967. 50
North to SR-60
Fiber Line Drop / Installation at 81s' Street and 66th Avenue $191032 . 50
Fiber Line Drop / Installation at Olso Road from 58th Avenue to 82"d Avenue, then $200,967 . 50
North to SR-60
Total :
$6569462 . 50
• With each invoice, the PARTICIPANT shall submit a listing to the DEPARTMENT of the
locations of where the Fiber Lines were dropped/ installed .
• The PARTICIPANT shall obtain prior written approval from the DEPARTMENT for any
additions and/or substitutions to the Table above .
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 .
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 ; agr�ment . 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 A133 , 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 A133 , 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 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 shalt
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 .
SPATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY 1 FIAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE
E REY K . F3 /}!'IZt� N , CLERK
g��zvtt'. l JJ�f1 pmt D . C .
DATE