HomeMy WebLinkAbout2009-180 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 51010 14
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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FPN : 426383- 1 -5 &01 Fund : FSSE FLAIR Approp :
Federal No : ARRA 018 B Org Code : FLAIR Obj :
FPN : Fund : FLAIR Approp :
Federal No : Org Code : FLAIR Obj :
FPN : Fund : FLAIR Approp :
Federal No : Org Code : FLAIR Obj :
FPN : Fund : FLAIR Approp :
Federal No : Org Code : FLAIR Obj :
County No : Contract No : Vendor No : VF596000673026
Data Universal Number System ( DUNS ) No : 80-939-7102
Catalog of Federal Domestic Assistance ( CFDA) : 20 . 205 Highway Planning and Construction
THIS AGREEMENT , made and entered into this fa day of l�.rf� , O.(2j_ 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 hereinafter called the Agency .
WITNESSETH :
WHEREAS , the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described ,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339 . 12 , Florida
Statutes , to enter into this Agreement;
NOW, THEREFORE , in consideration of the mutual covenants , promises and representations herein , the parties agree as
follows :
1 .00 Purpose of Agreement : The purpose of this Agreement is to provide for the Department' s participation in
Landscapinq on 58th Ave from Oslo Road to 16th Street and as further described in Exhibit "A" attached hereto and
by this
reference made a part hereof, hereinafter called the " project , " and to provide Department financial assistance
to the
Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to
the
manner in which the project will be undertaken and completed .
1 . 01 Attachments : Exhibit( s ) A , B , 1 , L , X , & S are attached and made a part hereof.
2 . 01 General Requirements : The Agency shall 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 , and
all applicable
laws . The project will be performed in accordance with all applicable Department procedures , guidelines
, manuals ,
standards , and directives as described in the Department' s Local Agency Program Manual , which by this
reference is
made a part hereof as if fully set forth herein . Time is of the essence as to each
and every obligation under this
Agreement.
A full time employee of the Agency , qualified to ensure that the work being pursued is complete , accurate , and
consistent
with the terms , conditions , and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close
out of the
project , and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds
or loss of
State appropriation authority (which may include both federal funds and state funds , if any state funds are on the project)
,
Agency will be responsible for the remaining unbilled funds on the project. No other funds will
be provided by the
Department . Agency waives the right to contest such removal of funds by the Department , if said removal
is directly
related to Federal ( FHWA ) withdrawal of funds or loss of State appropriation authority due to Local Agency ' s
failure or
nonperformance . In addition to loss of funding , the Department will consider de-certification of said Agency for future LAP
projects .
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If all funds are removed from the project , including amounts previously billed to the Department and reimbursed
to the
Agency, and the project is off the state highway system , then the department will have to request
repayment for the
previously billed amounts from the Local Agency . No state funds can be used on off-system projects .
2 . 02 Expiration of Agreement : The Agency agrees to complete the project on or before December 31 , 2010
. If the
Agency does not complete the project within this time period , this Agreement will expire on the last day of
the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency
and granted
in writing by the Department prior to the expiration of this Agreement . Expiration of this Agreement will
be considered
termination of the project . The cost of any work performed after the expiration date of this
Agreement will not be
reimbursed by the Department .
2 . 03 Pursuant to Federal , State , and Local Laws : In the event that any election , referendum , approval ,
permit , notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or
to undertake the project hereunder or to observe , assume or carry out any of the provisions of the Agreement , the
Agency
will initiate and consummate , as provided by law, all actions necessary with respect to any such matters so requisite
.
2 . 04 Agency Funds : The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements , to enable the Agency to provide the necessary funds for completion of the project .
2 . 05 Submission of Proceedings , Contracts , and Other Documents : The Agency shall submit to the Department
such data , reports , records , contracts , and other documents relating to the project as the Department
and the Federal
Highway Administration ( FHWA) may require .
3 . 00 Project Cost :
3 . 01 Total Cost : The total cost of the project is $ 300 , 000 . 00 . This amount is based upon the
schedule of funding in
Exhibit " B . " The Agency agrees to bear all expenses in excess of the total cost of the project and any
deficits involved .
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4 . 00 .
3 . 02 Department Participation : The Department agrees to participate , including contingencies , in the project cost to the
extent provided in Exhibit " B . " This amount includes federal -aid funds which are limited to the actual amount
of federal -
aid participation .
3 . 03 Limits on Department Funds : 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 ) Availability of funds as stated in paragraphs 3 . 04 and 3 . 05 of this Agreement ;
c ) Approval of all plans , specifications , contracts or other obligating documents and all other
terms of this
Agreement ; and
d ) Department approval of the project scope and budget at the time appropriation authority becomes available .
3 . 04 Appropriation of Funds : The Department' s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature . If the Department' s funding for this project is in multiple
fiscal years ,
funds approval from the Department' s Comptroller must be received each fiscal year prior to costs being incurred
. See
Exhibit " B " for funding levels by fiscal year . Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received . The Department will notify the Agency, in writing , when
funds are available .
3 . 05 Multi -Year Commitment : In the event this Agreement is in excess of $ 25 , 000 and has a term for a period
of more
than one year, the provisions of Section 339 . 135 ( 6 )( a ) , Florida Statutes , are hereby incorporated :
" ( a ) The department , during any fiscal year, shall not expend money, incur any liability , or enter into any
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contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year . Any contract , verbal or written , made in violation of this
subsection is null and void , and no money may be paid on such contract . The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds . Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 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 $ 25 , 000
and which have a term for a period of more than 1 year . "
3 . 06 Notice-to - Proceed : No cost may be incurred under this Agreement until the Agency has received a written Notice-
to- Proceed from the Department .
3 . 07 Limits on Federal Participation : Federal -aid funds shall not participate in any cost which
is not incurred in
conformity with applicable Federal and State laws , the regulations in 23 Code of Federal Regulations
( C . F . R . ) and 49
C . F . R . , and policies and procedures prescribed by the Division Administrator of FHWA . Federal funds shall not
be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project
or part
thereof involving such cost ( 23 C . F . R . 1 . 9 ( a ) ) . If FHWA or the Department determines that any amount
claimed is not
eligible , federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible
for federal participation .
Where correctable non -compliance with provisions of law or FHWA requirements exists , Federal funds may be withheld
until compliance is obtained . Where non -compliance is not correctable , FHWA or the Department may deny participation
in parcel or project costs in part or in total .
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment ,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice .
4 . 00 Project Estimate and Disbursement Schedule : Prior to the execution of this Agreement , a project schedule
of
funding shall be prepared by the Agency and approved by the Department . The Agency shall maintain said schedule
of
funding , carry out the project , and shall incur obligations against and make disbursements of project
funds only in
conformity with the latest approved schedule of funding for the project . The schedule of funding may be revised by mutual
written agreement between the Department and the Agency . If revised , a copy of the revision should be forwarded to
the
Department's Comptroller and to the Department's Federal -aid Program Office . No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department'
s
Comptroller .
5 . 00 Records :
5 . 01 Establishment and Maintenance of Accounting Records : 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 5 years after the final payment is made . Copies of these documents and records shall be furnished
to
the Department upon request . Records of costs incurred include the Agency's general accounting records and the project
records , together with supporting documents and records of the Agency and all subcontractors performing work
on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs . If any litigation , claim or audit is started before the expiration of the 6 -year period , the records
shall be retained
until all litigation , claims or audit findings involving the records have been resolved .
5 . 02 Costs Incurred for Project : The Agency shall charge to the project account all eligible costs of the project
except
costs agreed to be borne by the Agency or its contractors and subcontractors . Costs in excess
of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs .
5 . 03 Documentation of Project Costs : All costs charged to the project , including any approved services contributed
by
the Agency or others , shall be supported by properly executed payrolls , time records , invoices , contracts
or vouchers
evidencing in proper detail the nature and propriety of the charges .
5. 04 Audit Reports : Recipients of federal and state funds are to have audits done annually using the following criteria :
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The administration of resources awarded by the Department to the Agency 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 ,
Florida Statutes , 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 the Agency regarding such audit . The Agency 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
the 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 . Exhibit 1 " of 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 non -state 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 of such recipient , 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 Executive
Office of
the Governor and the CFO , and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for-
profit
organizations ) , Rules of the Auditor General . Exhibit " 1 " to 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 non -state entities . State financial assistance does
not include federal direct or pass-through awards and resources received by a non -state 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 .
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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 audit conducted in accordance with the provisions of Section 215 . 97 , Florida Statutes , the
cost of
the audit must be paid from the non -state 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 financial reporting packages for audits conducted in accordance with OMB Circular A- 133 , as revised
,
and required by Part I of this Agreement shall be submitted , when required by Section . 320 ( d ) , OMB
Circular A-
133 , as revised , by or on behalf of the recipient directly to each of the following :
a ) The Department at each of the following address( es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
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 ) , 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 financial reporting package 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 :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
In addition , pursuant to Section . 320 (f) , OMB Circular A- 133 , as revised , the recipient shall submit a
copy of the
financial 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 :
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Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
3 . Copies of the financial reporting package 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 ( es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
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 (es ) :
Karen Maxon , Budget & Work Program Coordinator
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309
5 . Any reports , Management Letters , or other information required to be submitted to the Department pursuant
to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A- 133 , as revised , 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 , as revised , 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 financial reporting
package
was delivered to the recipient in correspondence accompanying the financial reporting package .
Part V = Record Retention : The recipient shall retain sufficient records demonstrating its compliance with the
terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department
or its
designee , the state CFO or Auditor General access to such records upon request . The recipient shall
ensure that the
independent audit documentation is made available to the Department , or its designee , the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued , unless
extended in writing by the
Department .
5 . 05 Inspection : The Agency shall permit , and shall require its contractors to permit , the
Department's authorized
representatives and authorized agents of FHWA to inspect all work , workmanship , materials , payrolls , and records and
to
audit the books , records , and accounts pertaining to the financing and development of the project .
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor ,
sub.
contractor or materials vendor to allow public access to all documents , papers , letters or other material
subject to the
provisions of Chapter 119 , Florida Statutes , and made or received in conjunction with this Agreement ( Section 287 . 058
( 1 )
( c) , Florida Statutes ) .
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5 . 06 Uniform Relocation Assistance and Real Property Statistical Report : For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition
and relocation
assistance activities on the project . Activities shall be reported on a federal fiscal year basis , from
October 1 through
September 30 . The report must be prepared using the format prescribed in 49 C . F . R . Part 24 ,
Appendix B , and be
submitted to the Department no later than October 15 of each year .
6. 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof ( Section 287 . 058( 1 )(
a ) , Florida
Statutes ) .
All recipients of funds from this Agreement , including those contracted by the Agency, must submit bills
for any travel
expenses , when authorized by the terms of this Agreement , in accordance with Section 112 . 061 , Florida
Statutes , and
Chapter 3-"Travel " of the Department' s Disbursement Operations Manual , Topic 350 -030400 ( Section 287 . 058 ( 1
)( b ) ,
Florida Statutes ) .
If, after project completion , any claim is made by the Department resulting from an audit or for work or services
performed
pursuant to this Agreement , the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand , payment of the amount is
not made
within 60 days to the Department . Offsetting any amount pursuant to this paragraph shall not be considered a breach
of
contract by the Department .
7 . 00 Department Obligations : Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project
and payment of the eligible costs . However , notwithstanding any other provision of this Agreement , the Department may
elect by notice in writing not to make a payment if:
7 . 01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its application ,
or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto ;
7 . 02 Litigation : There is then pending litigation with respect to the performance by the Agency of any
of its duties or
obligations which may jeopardize or adversely affect the project , the Agreement or payments to the project ;
7 . 03 Approval by Department : The Agency shall have taken any action pertaining to the project which
, under this
Agreement , requires the approval of the Department or has made related expenditure or incurred related
obligations
without having been advised by the Department that same are approved ;
7 . 04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained here in paragraph
12 . 06 or 12 . 07 .
7 . 05 Default : The Agency has been determined by the Department to be in default under any of the provisions
of the
Agreement .
7 . 06 Federal Participation : The Department may suspend or terminate payment for that portion of the project which the
FHWA , or the Department acting in lieu of FHWA , may designate as ineligible for federal -aid .
7 . 07 Disallowed Costs : In determining the amount of the payment , the Department will exclude all
projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred
after the
expiration of the Agreement , costs which are not provided for in the latest approved schedule of funding in Exhibit
" B " for
the project , costs agreed to be borne by the Agency or its contractors and subcontractors for not
meeting the project
commencement and final invoice time lines , and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department .
7 . 08 Final Invoices : The Agency must submit the final invoice on the project to the Department within 120 days after
the
completion of the project . Invoices submitted after the 120 -day time period may not be paid .
8 . 00 Termination or Suspension of Project :
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8 . 01 Termination or Suspension Generally : The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has
ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time
the interest of the
Department requires such termination .
( a ) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty ( 30 ) days of such
notice . Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction . If the
deficiency is not corrected within such time period , the Department may either ( 1 ) immediately terminate the Agreement
as set forth in paragraph 8 . ( b ) below, or ( 2 ) take whatever action is deemed appropriate by the Department to correct
the
deficiency. In the event the Department chooses to take action and not terminate the Agreement , the Agency shall , upon
demand , promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency .
( b ) If the Department terminates the Agreement , the Department shall notify the Agency of such termination in writing
,
with instructions to the effective date of termination or specify the stage of work at which
the Agreement is to be
terminated .
( c ) If the Agreement is terminated before the project is completed , the Agency shall be paid only for the percentage of
the
project satisfactorily performed for which costs can be substantiated . Such payment , however, shall not
exceed the
equivalent percentage of the contract price . All work in progress will become the property of the Department and will
be
turned over promptly by the Agency .
8 . 02 Action Subsequent to Notice-of-Termination or Suspension : Upon receipt of any final termination or suspension
notice under this paragraph , the Agency shall proceed promptly to carry out the actions required therein
which may
include any or all of the following : ( a ) necessary action to terminate or suspend , as the case may be , project activities
and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the
basis of which
the financing is to be computed ; ( b ) furnish a statement of the project activities and contracts and other undertakings
the
cost of which are otherwise includable as project costs . The termination or suspension shall be carried out in
conformity
with the latest schedule , plan , and cost as approved by the Department or upon the basis of
terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable
time . The closing out of federal financial participation in the project shall not constitute a waiver of any
claim which the
Department may otherwise have arising out of this Agreement .
9. 00 Contracts of Agency :
9 . 01 Third Party Agreements : Except as otherwise authorized in writing by the Department , the Agency
shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant
or construction contracts or amendments thereto , with any third party with respect to the project
without the 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 consultant or contractor and
to
approve or disapprove the employment of the same .
9 . 02 Compliance with Consultants ' Competitive Negotiation Act : It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant
contract for
engineering , architecture or surveying services , is contingent on the Agency' s complying in full with provisions of
Section
287 . 055 , Florida Statutes , Consultants ' Competitive Negotiation Act . At the discretion of the Department , the Agency
will
involve the Department in the consultant selection process for all projects . In all cases , the Agency' s attorney shall
certify
to the Department that selection has been accomplished in compliance with the Consultants ' Competitive Negotiation Act .
10 . 00 Disadvantaged Business Enterprise ( DBE ) Policy and Obligation : It is the policy of the Department that DBE ' s ,
as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the
performance of contracts
financed in whole or in part with Department funds under this Agreement . The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement .
The Agency and its contractors agree to ensure that DBE ' s have the opportunity to participate in the performance
of this
Agreement . In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE ' s have the opportunity to
compete for and
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perform contracts . The Agency and its contractors and subcontractors shall not discriminate on the basis of race
, color ,
national origin or sex in the award and performance of contracts , entered pursuant to this Agreement . Furthermore
, the
Agency agrees that :
( a ) Each financial assistance agreement signed with a US - DOT operating administration (or a primary recipient) must
include the following assurance :
"The recipient shall not discriminate on the basis of race , color , national origin , or sex in
the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of
49 C . F . R . Part 26 . The recipient shall take all necessary and reasonable steps under 49 C . F . R .
Part 26 to
ensure nondiscrimination in the award and administration of DOT-assisted contracts . The recipient' s DBE
program , as required by 49 C . F . R . Part 26 and as approved by Department , is incorporated by reference
in
this Agreement . Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement . Upon notification to the recipient of its failure
to carry out its
approved program , the Department may impose sanctions as provided for under 49 C . F . R . Part 26 and may,
in appropriate cases , refer the matter for enforcement under 18 U . S . C . 1001 and/or the Program Fraud Civil
Remedies Act of 1986 ( 31 U . S . C . 3801 et seq . ) . "
( b ) Each contract signed with a contractor ( and each subcontract the prime contractor signs with a subcontractor ) must
include the following assurance :
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race , color , national origin ,
or sex in the performance of this contract . The contractor shall carry out applicable requirements of 49 C . F .
R .
Part 26 in the award and administration of DOT-assisted contracts . Failure by the contractor to carry out these
requirements is a material breach of this contract , which may result in the termination of this contract or
such
other remedy as the recipient deems appropriate . "
11 . 00 Compliance with Conditions and Laws : The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal , state , and local laws and regulations
applicable
to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance
with , and will
require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and
local
laws and regulations , including the " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions , " in 49 C . F . R . Part 29 , when applicable .
12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :
12 . 01 Equal Employment Opportunity : In connection with the carrying out of any project , the Agency shall not
discriminate against any employee or applicant for employment because of race , age , religion , color , sex , national
origin ,
disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
and that
employees are treated during employment without regard to their race , age , religion , color , gender , national origin
,
disability or marital status . Such action shall include , but not be limited to , the following : employment upgrading , demotion
or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation
; and
selection for training , including apprenticeship . The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project ,
except
contracts for the standard commercial supplies or raw materials , and shall require all such contractors to insert
a similar
provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . When the
project
involves installation , construction , demolition , removal , site improvement or similar work , the Agency shall post , in
conspicuous places available to employees and applicants for employment for project work , notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause .
12 . 02 Title VI - Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by
Title VI of the
Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder , and the
assurance
by the Agency pursuant thereto .
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title
VI of the Civil
Rights Act of 1964 , 49 C . F . R . Part 21 , and related statutes and regulations .
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12 . 03 Americans with Disabilities Act of 1990 ( ADA) : The Agency will comply with all the requirements as imposed by
the ADA , the regulations of the Federal government issued thereunder , and assurance by the Agency pursuant thereto .
12 . 04 Public Entity Crime : 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 .
12 . 05 Discrimination : In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been
placed
on the Discriminatory Vendor List , kept by the Florida Department of Management Services , may not submit a bid
on a
contract to provide 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 .
12 . 06 Suspension , Revocation , Denial of Qualification or Determination of Contractor Non - Responsibility : An
entity or affiliate who has had its Certificate of Qualification suspended , revoked , denied or have further been determined
by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or
repair
of a public building or public work on a contract with the Agency.
12 . 07 Prohibited Interests : Neither the Agency nor any of its contractors or their subcontractors shall enter
into any
contract , subcontract or arrangement in connection with the project or any property included or planned to be included
in
the project in which any member , officer or employee of the Agency or the locality during tenure or for 2 years
thereafter
has any interest , direct or indirect . If any such present or former member, officer or employee involuntarily acquires or
had
acquired prior to the beginning of tenure any such interest , and if such interest is immediately disclosed to the Agency ,
the
Agency, with prior approval of the Department , may waive the prohibition contained in this paragraph provided that
any
such present member , officer or employee shall not participate in any action by the Agency or the locality relating
to such
contract , subcontract or arrangement .
The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to
be included in any project , and shall require its contractors to insert in each of their subcontracts , the following provision
:
" No member , officer or employee of the Agency or of the locality during his tenure or for
2 years
thereafter shall have any interest, direct or indirect , in this contract or the proceeds thereof. "
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency .
12 . 08 Interest of Members of, or Delegates to , Congress : No member or delegate to the Congress of
the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom .
13 . 00 Miscellaneous Provisions :
13 . 01 Environmental Regulations : The Agency will be solely responsible for compliance with all the applicable
environmental regulations , for any liability arising from non -compliance with these regulations , and will
reimburse the
Department for any loss incurred in connection therewith . The Agency will be responsible for securing any applicable
permits .
13 . 02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to
any
individual or entity not a party to this Agreement .
13 . 03 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the
Agency 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 Agency 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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or default .
13 . 04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid
,
the remainder of this Agreement shall not be affected . In such an instance , the remainder would then continue to
conform
to the terms and requirements of applicable law .
13 . 05 Bonus or Commission : By execution of the Agreement , the Agency represents that it has not paid
and , also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for
the financing
hereunder .
13 . 06 State Law : Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law . If any
of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in
writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project .
13 . 07 Plans and Specifications : In the event that this Agreement involves constructing and equipping of facilities on
the
State Highway System , the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project . The Department will review all plans and specifications and will issue to the
Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder
of the
project deemed appropriate . After resolution of these comments and recommendations to the Department' s satisfaction ,
the Department will issue to the Agency a written approval with said remainder of the project . Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department . The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts .
13 . 08 Right-of-Way Certification : Upon completion of right-of-way activities on the project , the Agency must
certify
compliance with all applicable federal and state requirements . Certification is required prior to advertisement
for or
solicitation of bids for construction of the project , including those projects for which no right-of-way is required .
13 . 09 Agency Certification : The Agency will certify in writing , prior to project closeout that the project was completed
in
accordance with applicable plans and specifications , is in place on the Agency' s facility, adequate title is in the
Agency' s
name , and the project is accepted by the Agency as suitable for the intended purpose .
13 . 10 Agreement Format : 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 .
13 . 11 Execution of Agreement : This Agreement may be simultaneously executed in a minimum of two counterparts ,
each of which so executed shall be deemed to be an original , and such counterparts together shall constitute
one in the
same instrument .
13 . 12 Restrictions on Lobbying :
Federal : The Agency agrees that no federally-appropriated funds have been paid , or will be paid by or on
behalf of the
Agency, 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 .
If any funds other than federally-appropriated funds have been paid by the Agency to any person
for influencing or
attempting to influence an 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 this Agreement , the undersigned shall complete
and submit Standard Form -LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions .
The Agency shall require that the language of this paragraph be included in the award documents for all subawards
at all
tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements )
and that all
subrecipients shall certify and disclose accordingly .
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State : No funds received pursuant to this contract may be expended for lobbying the Legislature , the judicial branch or
a
state agency .
13 . 13 Maintenance : The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement . If the Agency constructs any improvement on Department right-of-way, the Agency ® will
❑ will not
maintain the improvements made for their useful life .
13 . 14 Vendors Rights : Vendors ( in this document identified as the Agency) providing goods and services to
the
Department should be aware of the following time frames . Upon receipt , the Department has 5 working days to
inspect
and approve the goods and services unless the bid specifications , purchase order or contract specifies otherwise .
The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services . The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received
, inspected , and
approved .
If a payment is not available within 40 days after receipt of the invoice and the receipt , inspection , and approval
of goods
and services , a separate interest penalty in accordance with Section 215 . 422 ( 3 )( b ) , Florida Statutes ,
will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $ 1 will not be enforced
unless
the Agency requests payment . Invoices which have to be returned to the Agency because of Agency 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 .
A Vendor Ombudsman has been established within the Department of Financial Services . The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment( s ) from
the
Department . The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller' s Hotline ,
877-693-5236 .
13 . 15 Reimbursement of Federal Funds :
The Agency shall comply with all applicable federal guidelines , procedures , and regulations . If at any time a review
conducted by FHWA reveals that the applicable federal guidelines , procedures , and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds , the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement . Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines , procedures , and regulations .
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IN WITNESS WHEREOFAhe parties have caused these presents to be executed the day and year first above written .
AGENCY iar. Ri County STATE OF FLORID DEPARTMENT OF NSPORTATION
Name : Wesley S . Davls Name : G RY O ' ILLY, P . E .
Title : Chal an Title : Director of Tr nsportation De
Attest : '0AAttest :
Title : Deputy Clerk Title :
foto . J .K . PAFTO6V
As to form : As to form ;
Attorney istric Attorney
See attached Encumbrance Form for date of funding approval by Comptroller .�j
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN : 426383- 1 -58-01
This exhibit forms an integral part of the Agreement between the State of Florida , Department of Transportation and
Indian River County
Dated_:u n c Z q ; 09
PROJECT LOCATION : 58th Ave
The project is x is not on the National Highway System .
The project is x is not on the State Highway System .
PROJECT DESCRIPTION :
From Oslo Road to 16th Street
SPECIAL CONSIDERATIONS BY AGENCY :
The audit report( s ) required in the Agreement shall include a Schedule of Project Assistance that will reflect
the
Department ' s contract number, the Financial Project Number ( FPN ) , the Federal Authorization Number ( FAN ) ,
where
applicable , the amount of state funding action ( receipt and disbursement of funds ) , any federal or local funding action ,
and
the funding action from any other source with respect to the project .
The Agency is required to provide a copy of the design plans for the Department' s review and approval
to coordinate
permitting with the Department , and notify the Department prior to commencement of any right-of-way activities .
The Agency shall commence the project ' s activities subsequent to the execution of this Agreement and shall perform
in
accordance with the following schedule :
a ) Study to be completed by N/A ( Phase 18and 28 LAP Agreements )
b ) Design to be completed by 6/30/2009 ( Phase 38 LAP Agreements )
c ) Right-of-Way requirements identified and provided to the Department by N/A . (All LAPS requiring RNV )
( District will handle all Right of Way activities on LAPS , the date would be set by the necessary timeframe to
complete RNV activities .
d ) Right-of-Way to be certified prior to advertising for Construction . (All Phase 58 LAPS ) .
e ) Construction contract to be let by 10/30/2009 . ( For Phase 58 LAPS ) . (This date would be prior
to the end of
the fiscal year that the Phase 58 is programmed in FM )
f) Construction to be completed by 12/31 /2010 . ( Phase 58 LAP Agreements )
If this schedule cannot be met , the Agency will notify the Department in writing with a revised schedule
or the project is
subject to the withdrawal of federal funding .
This project is for reimbursement of Construction Only in the year 2008/2009 in the amount of $
300 , 000 . 00 . Upon
execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a
NOTICE TO PROCEED , The Agency should not start any construction prior to the EXECUTED AGREEMENT and
a
NOTICE TO PROCEED , The Agency will only be reimbursed for costs incurred after the executed agreement date and
prior to the agreement or time extension ( if required by a request for a time extension from the Agency) date .
Upon completion of the Project, the Agency is required to notify the Department of the date of the completion
and final
invoicing . The Department may require an onsite inspection with the Agency
Refer to Exhibit " B " annexed hereto and made a part hereof
SPECIAL CONSIDERATIONS BY DEPARTMENT :
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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EXHIBIT " B "
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN : 426383- 1 -58-01
Indian River County Board of County Commissioners
1801 27th Street
Vero Beach , FL 32960
PROJECT DESCRIPTION
Name: 58" Ave Length : 3 . 050 Miles
Termini : Oslo Road to 16'" Street
FUNDING
(2 ) (3)
TYPE OF WORK B Fiscal Year TOTAL AGENCY STATE &
Y PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Right-of-Way Cost
Construction 2006-2007
2007-2008
2008-2009 FSSE $300 . 000 . 00 $300 . 000 . 00
2008-2009
Total Construction Cost $300 , 000 . 00 $300 , 000 . 00
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT $300 , 000 . 00 $ 300 , 000 . 00
The Department's fiscal year begins on July 1 . For this project , funds are not projected to be available until after the
1 st of July of
each fiscal year . The Department will notify the Agency, in writing , when funds are available .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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EXHIBIT 661 "
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following :
Federal Agency : Federal Highway Administration
CFDA # : 20 . 205 Highway Planning and Construction
Amount : $ 300 , 000 . 00
Compliance Requirement :
Allowable Activities : To be eligible , most projects must be located on public roads that are not functionally classified
as
local . The major exceptions are the Highway Bridge Replacement and Rehabilitation Program , which provides assistance
for bridges on and off the federal -aid highways , highway safety activities , bicycle and pedestrian projects , transportation
enhancement activities , the recreational trails program , and planning , research , development , and technology transfer
.
Proposed projects meeting these and other planning , design , environmental , safety, etc . , requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state .
Allowable Costs : Eligible activities and allowable costs will be determined in accordance with Title 23
and Title 49
C . F . R . and the OMB cost principles applicable to the recipient/sub -recipient .
Eligibility : By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department . Therefore , most projects are administered by or through
State Departments of Transportation ( State DOTs ) . Projects to be funded under the federal -aid highway program
are
generally selected by state DOTs or Metropolitan Planning Organizations ( MPOs ) , in cooperation with appropriate local
officials , as specified in 23 U . S . C . and implementing regulations . Territorial highway projects are funded
in the same
manner as other federal -aid highway projects , with the territorial transportation agency functioning in a manner similar to a
state DOT . Most Florida Land Highway Program ( FLHP ) projects are administered by the Federal Highway Administration
( FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
( FLMAs ) . Under the FLHP , projects in the Indian Reservation Road ( IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs ( BIA ) and the FHWA . Due to recent legislation ,
Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA . The
Fish and
Wildlife Service ( FWS ) and the National Park Service ( NPS ) select projects in the Refuge Road and
Park Roads and
Parkways Programs , respectively . For the Forest Highway Program , the Forest Service , the States and the FHWA jointly
select projects .
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows : The recipient of Local Agency Program ( LAP ) funding must comply with the statutory requirements in Sections
112 . 0617 215 . 422 , 339 . 12 , and 339 . 135 , Florida Statutes , and Title 23 and Title 49 , C . F . R .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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EXHIBIT " L "
LANDSCAPE MAINTENANCE AGREEMENT ( LMA)
Paragraph 13 . 14 is expanded by the following :
The Department and the Agency agree as follows :
1 . Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this
LMA ,
the Agency shall , at all times , maintain the project in a reasonable manner and with due care
in accordance with all
applicable Department guidelines , standards , and procedures hereinafter called " Project Standards . " Specifically, the
Agency agrees to :
a ) Properly water and fertilize all plants , keeping them as free as practicable from disease and
harmful
insects ;
b ) Properly mulch plant beds ;
c) Keep the premises free of weeds ;
d ) Mow and /or cut the grass to the proper length ;
e ) Properly prune all plants which responsibility includes removing dead or diseased parts
of plants
and/or pruning such parts thereof which present a visual hazard for those using the roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that
fall
below original Project Standards .
The Agency agrees to repair , remove or replace at its own expense all or part of the project
that falls below
Project Standards caused by the Agency' s failure to maintain the same in accordance with the provisions of this LMA .
In
the event any part or parts of the project , including plants , has to be removed and replaced for whatever reason ,
then they
shall be replaced by parts of the same grade , size , and specification as provided in the original
plans for the project .
Furthermore , the Agency agrees to keep litter removed from the project highway .
2 . Maintenance of the project shall be subject to periodic inspections by the Department . In the event that any
of
the aforementioned responsibilities are not carried out or are otherwise determined by the Department
to not be in
conformance with the applicable Project Standards , the Department , in addition to its right of termination under paragraph
4 ( a ) , may at its option perform any necessary maintenance without the need of any prior notice
and charge the cost
thereof to the Agency .
3 . It is understood between the parties hereto that any portion of or the entire project may be removed ,
relocated
or adjusted at any time in the future as determined to be necessary by the Department in order that
the adjacent state
road be widened , altered or otherwise changed to meet with the future criteria or planning of the Department . The Agency
shall be given notice regarding such removal , relocation or adjustment and shall be allowed 60 days to remove
all or part
of the project at its own cost . The Agency will own that part of the project it removed . After the 60-day
removal period ,
the Department will become the owner of the unresolved portion of the project , and the Department then
may remove ,
relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the
removal of
the project .
4 . This LMA may be terminated under any one of the following conditions :
a ) By the Department , if the Agency fails to perform its duties under this LMA following 15 days ' written
notice ; or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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EXHIBIT " L " (continued )
LANDSCAPE MAINTENANCE AGREEMENT ( LMA)
b ) By either party following 60 -calendar days ' written notice .
5 . In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after
the date upon which this LMA is effectively terminated to remove all or part of the remaining project at
its own cost and
expense . The Agency will own that part of the project it removed . After the 60-day removal period , the Department then
may take any action with the project highway or all or part of the project it deems best , with the Agency being
responsible
for any removal costs incurred .
6 . This LMA embodies the entire agreement and understanding between the parties hereto , and there
are no
other agreements or understandings , oral or written , with reference to the subject matter hereof that
are not merged
herein and superseded hereby.
7 . This LMA may not be assigned or transferred by the Agency, in whole or in part ,
without consent of the
Department .
8 . This LMA shall be governed by and construed in accordance with the laws of the State of Florida .
9 . All notices , demands , requests or other instruments shall be given by depositing the same in the
U . S . mail ,
postage prepaid , registered or certified with return receipt requested :
a ) If to the Department , addressed to :
Barbara Handrahan , District Lap Program Administrator
3400 West Commercial Blvd
Fort Lauderdale , FL 33309
or at such other address as the Department may from time to time designate by written notice to
the Agency; and
b ) If to the Agency, addressed to :
Christopher J . Kafer , P . E .
1801 27th Street
Vero Beach , Florida 32960
or at such other address as the Agency may from time to time designate by written notice
to the Department .
10 . This LMA, if attached as an exhibit to the Agreement , forms an integral part of the Agreement between
the
parties dated t0 " 29 - 001 .
All time limits provided hereunder shall run from the date of receipt of all such notices , demands , requests , and
other instruments .
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EXHIBIT "X "
PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE
FPN : 426383- 1 - 58- 01
This exhibit forms an integral part of the Agreement between the State of Florida , Department of
Transportation ( Department ) and
Indian River County
Dated :une, Z9 , O�
SPECIAL CONSIDERATIONS BY AGENCY :
The following paragraph replaces Section 4 . 00 Project Estimate and Disbursement Schedule of the Local
Agency Program Agreement executed between the Department and
Indian River Countv
Dated Lif le. 29 , 09
Prior to the execution of this Agreement , a project schedule of funding shall be prepared by the Agency and
approved by the Department . The Agency shall maintain said schedule of funding , carry out the project , and
shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project . The schedule of funding may be revised by execution of a LAP
Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees
that funding for this project may be reduced upon determination of the award amount and execution of a LAP
Supplemental Agreement . If a LAP Supplemental Agreement is executed , copies should be forwarded to the
Department ' s Office of Comptroller and Federal -Aid Management Office .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
03/09
Page
EXHIBIT " S "
2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
JOB REPORTING
FPN : 426383- 1 -58-01
This exhibit forms an integral part of the Agreement between the State of Florida , Department of Transportation
( Department) and
Indian River County
Dated �Jarz 7 q 09
SPECIAL CONSIDERATIONS BY AGENCY :
Compliance with the 2009 American Recovery and Reinvestment Act (ARRA)
This project is subject to the criteria and conditions of the 2009 American Recovery and Reinvestment
Act
(ARRA) . The Agency will satisfy the Federal reporting requirements for the project( s ) , such as the
monthly
employment report, for both the Contractor and Subcontractor . The Agency will provide the required
information on form ( s ) provided by the Department in the timeframe indicated in the instructions . The Agency
will ensure that the reporting requirements are included in all ARRA contracts and subcontracts .
The Agency will withhold the Contractor' s progress payments , project acceptance , and final payment for failure
to comply with the requirements of the 2009 ARRA .
Authority of the U . S . Comptroller General
Section 902 of the 2009 ARRA provides the U . S . Comptroller General and his representatives the authority:
1 . To examine any records of the Contractor or any of its Subcontractors , or any State or
Local Agency
administering such contract , that directly pertain to , and involve transactions relating to , the contract or
subcontract ; and
2 . To interview any officer or employee of the Contractor or any of its Subcontractors , or of any State or Local
Agency administering the contract , regarding such transactions .
Accordingly, the U . S . Comptroller General and his representatives shall have the authority and rights as
provided under Section 902 of the 2009 ARRA with respect to this contract , which is funded with funds
made
available under the 2009 ARRA . Section 902 further states that nothing in this Section shall be interpreted
to
limit or restrict , in any way, any existing authority of the U . S . Comptroller General .
Authority of the U . S . Inspector General
Section 1515 ( a ) of the 2009 ARRA provides authority for any representatives of the Inspector General
to
examine any records or interview any employee or officers working on this contract . The Contractor is advised
that representatives of the U . S . Inspector General have the authority to examine any record and interview any
employee or officer of the Contractor, its Subcontractors or other firms working on this contract . Section
1515 ( b ) further provides that nothing in this Section shall be interpreted to limit or restrict ,
in any way , any
existing authority of the Inspector General .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30
FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION
08/00
Page 1 of 2
DATE
AGENCY Indian River County FEDERAL-AID PROJECT NUMBER ARRA 018 B
FIN NUMBER 426383- 1 -58-01 STATE JOB NUMBER TIP PAGE NUMBER
PROJECT TITLE 58th Ave Landscape Project
PROJECT TERMINI FROM : Oslo Road TO : 16th Street
WORK PHASE : ❑ PLANNING ❑ ENVIRONMENTAL ❑ DESIGN ■ CONSTRUCTION ❑ RIGHT OF WAY
AWARD TYPE : ■ LOCAL LOCAL FORCES
ENVIRONMENTAL DOCUMENT : Mark the type of environmental document prepared , indicate the approval date , and the most
recent reevaluation date .
EIS approved on : N/A and reevaluated on :
EA /FONSI approved on : N/A and reevaluated on :
Categorical Exclusion :
Programmatic Categorical Exclusion determination on : N/A
Type I Categorical Exclusion determination on : 6/9/2009
Type II Categorical Exclusion determination on : N/A
Categorical Exclusion Reevaluation on : N/A
TOTAL LOCALAGENCY STATE FEDERALFUNDS PERCENT OBLIGATION DATE
PHASE ESTIMATED COST FUNDS FUNDING ( nearest Dollar) FEDERAL Month / Year
nearest Dollar nearest Dollar nearest Dollar FUNDS
PLANNING
PD& E
DESIGN
RM/
CONST . $300 ,000 . 00 $3009000 . 00 100 %
TOTAL $ 300 , 000 . 00 $300 ,000 . 00 100 %
DESCRIPTION OF EXISTING FACILITY ( Existing Design and Present Condition )
Roadway Width : Number of Lanes
Bridge Number( s ) on Project None
DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑3- R ■ Enhancement ❑ Congestion Mitigation
Landscaping Roadway Width Number of Lanes
Bridge Numbers s on Project
LOCAL AGENCY CONTACT PERSON TITLE : Roadway Engineer
Michael Nixon
MAILING ADDRESS : PHONE : ( 772 ) 288-5777
1801 27th Street
Vero Beach , FL 32960
AGENCY ZIP CODE : 32960
Indian River Count
LOCATION AND DESIGN APPROVAL :
BY:
ppr ving Authority
TITLE : Roadway Production Manager DATE :
525-010-30
CONSTRUCTION
08/00
Page 2 of 2
AGENCY: PROJECT TITLE : DATE :
Indian River County 58«' Ave from Oslo Road to 16`h Street
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS :
An Environmental determination has been completed for this Project.
RIGHT OF WAY AND RELOCATION :
There is no right of way acquisition associated with this Project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR
AGENCIES , OR ITS DESIGNEE , AND IS NOT INCONSISTANT WITH THE AGENCY' S COMPREHENSIVE PLAN FOR
COMMUNITY DEVELOPMENT ,
AGENCY : Indian River County
DATE : Yune ZQ n 9
Wesley S . Dav s , Chair man
APPROVED AS TO FORM„
ND
YA
L S F7FIYZ7
BY7
WILLIAM K . DEBRAAL
DEPUTY COUNTY ATTORNEY
Hopkins , Yanique
From : The job F1989HLR
Sent : Thursday, June 25 , 2009 5 : 14 PM
To : Hopkins , Yanique
Subject : FUNDS APPROVAL/REVIEWED FOR CONTRACT APK49
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #APK49 Contract Type : AK Method of Procurement : G
Vendor Name : INDIAN RIVER COU
Vendor ID : VF596000673026
Beginning date of this Agmt : 06 / 24 / 09
Ending date of this Agmt : 12 / 31 / 10
Contract Total / Budgetary Ceiling : ct = $ 300 , 000 . 00
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * *
Description :
Landscaping on 58th Ave from Oslo Road to 16th Street
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * *
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 * 563022 * 300000 . 00 * 42638315801 * 215 * 20 . 205
2009 * 55150200 * 088825 / 09
0001 * 00 * * 0001 / 04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
TOTAL AMOUNT : * $ 300 , 000 . 00
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -
FUNDS APPROVED / REVIEWED FOR ROBIN M . NAITOVE , CPA , COMPTROLLER
DATE : 06 / 25 / 2009
i
RESOLUTION NO . 2009 - 092
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA , AUTHORIZING EXECUTION OF A
LOCAL AGENCY PROGRAM AGREEMENT FOR THE LANDSCAPING ON 58TH
AVENUE FROM OSLO ROAD ( 9TII STREET S . W . ) TO 16TH STREET, WITH THE
STATE OF FLORIDA , DEPARTMENT OF TRANSPORTATION , AND PROVIDING
FOR AN EFFECTIVE DATE .
WHEREAS , the State of Florida, Department of Transportation and
Indian River County desire to facilitate the landscape improvements of 58th Avenue from
Oslo Road ( 9th Street S . W . ) to 16th Street ; and
WHEREAS , the State of Florida, Department of Transportation, has
requested ,Idian River County execute and deliver to the State of Florida, Department of
Transportation, a Local Agency Program Agreement for the aforementioned project ;
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 Local Agency Program Agreement for the
aforementioned project .
The foregoing resolution was offered by Commissioner wheeler
who moved its adoption . The motion was seconded by Commissioner Flescht= r
and , upon being put to a vote , the vote was as follows :
Chairman Wesley S . Davis AYE
Vice - Chairman Joseph E . Fletcher AYE
Commissioner Gary C . Wheeler AVE
Commissioner Peter D . O ' Bryan AYE
Commissioner Bob Solari AYE
The, Chairman thereupon declared the resolution passed and adopted this
I lee 23rdA. day, of June 120090
BOARD OF COUNTY COMMISSSIONERS
' OF INDIAN RIVER COUNTY, FLORIDA
r r
We
9 Wesley . Davi , Chairman
Attest : y . i� `j/�x�.a�.�✓ A ; 4 "fi +
fob : Jeffrey K . Barton , Clerk AN I)
Ail
F :\Public Works\ENGINEERING DIVISION PROJECTS\0916 -58th Ave Landscaping-Oslo Rd to SR 60\Admim\agenda
items\RESOLUTION - 58th Ave Landscape Project. doc