Whereas the parties agree that the time for completion of the infrastructure construction in the JPA should be extended.

F~TAMENDMENTTOTHEINTERLOCALAGREEMENTBETWEENTHE SCHOOL BOARD OF HERNANDO COUNTY AND HERNANDO COUNTY, A POLITICAL

SlJDDIVISION OF THE STATE OF FLORIDA, REGARDING HERNANDO COUNTY SCHOOL­

SECOND ENTRANCE TO D.S. PARROTT MIDDLE SCHOOL

FINANCIAL MANAGEMENT NUMBERS 428179238 01,41817914801,4281792 S8 01

Whereas, on April

27~ 2010,

Hernando County and the Hernando County School Board entered into an

IntcrIocal Agreement to provide for transportation infrastructure construction, specifically a second

entrance at D.S. Patrott Middle School (hereinafter InterIocal Agreement); and,

Whereas, numbered paragraph 4 ofthe Interlocal Agreement incorporates the Joint Participation

Agreement between Hernando County and the Florida Department of Transportation concerning the

transportation infrastructure construction; and,

Whereas, numbered paragraph

9

of

the

Interloca1 Agreement requires all amendments to the Interlocal

agreement to be in writing signed by

the

parties; and,

Whereas the parties agree that the time for completion of the infrastructure construction in the

JP

A

should be extended.

NOW THEREFORE, the Interlocal Agreement

is

hereby amended as follows:

1. The

recitals set forth above are

true and

correct and incorporated herein by

this

reference;

2.

Exhibit A of the Interlocal Agreement is hereby amended to extend the expiration date of the

Joint Participation Agreement from December

31,2012

to December

31, 2014

consistent with

the approval letter dated January

19,2012.

from Transportation Development Director Debbie

Hunt.

3.

All other provisions of the Interlocal Agreement, not inconsistent with the above change remain

in full

force and effect.

IN WITNESS WHEREOF,

the parties

hereto

have

set

their hands and seals on the dates

below.

SCHOOL BOARD OF HERNANDO COUNTY

(SEAL)

ATTEST:

HERNANDO COUNTY, A

SUBDIVISION OF THE STATE OF FLORIDA

POLITICAL

M

o:rc.h

B

_I

20'

'2.

(SEAL) Date

EXHIBIT A

Joint Participation and Agreement between FDOT and Hernando County

Flnaneial Management Number 428179

238/48/58 01

Fluaotl.l Mao.,emene No.: Fund: EMIO A.etlYlty: ZIS FLAIR Approp: 4U 17' 131I4B1S8 0 I Contract AmQUnl; 5490,307.00 FLAIRObj.: 730065

Agent'yl HDrPlindo County

CSf A N: 55.029 Or&-Codel 550740 I0706

Contrart No: APV66 Vendor No.: F591155175OO1

CQUNTY

AND SCHOOL INFBASIRpcIUBE PROGRAM

JOINT PABIIClPt\TION

AGREEMENT

BETWEEN

THE

STATE OF fI_QIUDA DEPARTMENT OF

TRANSPORTATION

arm

HERNAI!J20 COUNTY

flIP>

This Joint Participation Agreement (hereinafter the "Agreementl t

). made and entered into

Ihis~

day of

-~jj

..

fk.}-.

2010, by and between the STATE OF FLORTDA

,

DEPARTMENT OF TRANSPORTATION (herelnafter referred to as the DEPARTMENT) and

HERNANDO COUNTY, apolitical subdivision of the StatcofFlorida (hereinafterreferrcd to as

the COUNTY),

WITNESSETH:

WHEREAS, the Partios have been granted specific legisJative authority to enter into this

Agreement purSuAnt to Sc(;tions 334.044(7) and 3J9, 12, Florida Statutes; and

WHEREAS, the CounlY and School Infrastructure Program has been created under the Fiscal Year 2009-20 l 0 General Appropriations Act (GAA). to assist counties. and senoal districts with infrastnlcture projectg consistent with lI!le of money!l in lhe State Tran!lportation Trust Fund as provided in section 339.08(p), Florida. Statutes; and

WHEREAS, tlte Hernando County School Board bas met the eHgibi lit)" requirements of

the OM and submitted an application for funding to the DEPARTMENT~ and

WHEREAS, the lJEPARrMENT is prepared to provide the COUNTY with financial assistance for design. right of wa), and construction activities under Financial Project Number (FPN) 428179 2 38/48/58 0 I for the second entrance to D. S. Parrott Midd Ie School and further

described in the Soope of Services altached hereto and incorporated horein as Ex:.hibit ·'At! ftlld

hereinafter referred to as the "PROJECT"; and

WHEREAS. the Project is not revenue producing and is contained in the adopted Five Year Transportation Plan; and

WHEREAS. tho implemenradon of the Project is in the besl interests of both the DEPARTMBNT and the COUNTVi and

WHEREAS, it would be most practical. expeditious, and economical for the COU NTY to perfonn the services to complete tile Project; and

WHEREAS, the COUNTY. by Resolution/Minutes, acopy of which is attached hereto as Exhibit "B" and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and

WHEREAS. the funds for the Project cannot be used before this Agreement is executed by both the COUNTY and the DEPARTMBNT. Any work performed before tile execution of this Agreement will not be reimbursed by the [)EPARTMENT.

NO W, THEREFORE. in consideration of tile mutual benefits to be deri ved from the joint participation ofthia AgrClQm~nt. the parties agree Illl follows:

1. The tenn of this Agreement shalf begin upon the date the last party executes

same. The COUNTY agrees to complete the Project by December 31~ 2012. If the COUNTY

does not complete the Project within the time period allotted. this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the COUNTY and granted in YtTiting by the DEPARTMENT prior to the ex:piration of the Agreement. Expiration of this Agreement will be considered tennination of the Project.

2. This Agreement shtdl serve as A pcnnit lo allow the: COUNTY access to the DEPARTMBNT'S right-or-way to perform all necessary work as required under this Agreement. The COUNTY shall perfonn necessary preliminary engineering. prepare any and all design

plans, and whereas, the COUNTY will perform the construction, provide all necessary engineering supervision, and otherwi~e perfonn all other necessary work to complete the Project. as specified in Exhibit "An attaclted hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the COUNTY to perfonn any activity, which Is outside of the scope of services of the ('irojcct. Except a.s specifically stated olhorwisc in this Agreoment, all such activities shall be performed at such times, in such manner, under such conditions, lind pursuant to such standards as the COUNTY, in its sole discretion, deems appropriate. Upon completion of the Project, the COUN'I'Y shall remain responsible for maintaining the facility constructed or improved under this Agreement.

3. The COUNTY is currently designing, and the DEPARTMENT will review the plans for this Project. Befon: construction of the Projeot commences. the COUNTY shall give notice to the DEPARTMlZNT'S District Special ProjectsILAP Administrator.

4. In relation to Construction, the parties agree on the following:

(A) The COUNTY shall hire a contractor usina the COUNTY'S normal bid procedures to perform the construction work for the Project.

(B) The COUNTY shall be responsible for ensuring that the Construction work under this Agreement is pcrfonned in accordanoe with the approved oonstruetinn documents.

(C) The COUNTY shall hire a professional engineering consultant to perform

the Construction Engineering Inspection work for the Project, which eEl work shall be deemed ro be part of the Project. If the COUNTY utilizes its own work force for any services for the Project. the costs and expenses as:s.ociated with such self-performance shall not be subject to reimbursemenl.

(D) Upon request. the COUNTY agrees to provide progress reports to the DEPARTMENT in the standard format used by the COUNTY and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to

be advised, at its request, as to the status of work being done by the CO UNTY ond of details Ihereof. Either party to the Agreement may request and shall, within a reasonable time thereafter be granted a conference with the other pSl1y.

5. Pro.leet Cost: The total cost of the Project is estimated 10 be $490.307. (four

hundred ninety thousand, thr8. hundredseven dO//III'S).

(A) The DEPARTMENT agrees to reimburse the COUNTY its actual direct costs. excludi ng COUNTY overhead, in an amount nol to exceed 5490,307 (jour

hundred ninety IllfJusllnd,

lI,ree

II""dfed seven dollars). Reimbursement will be

in accordance with Section 339. J2, Florida Statutes, and su bject to Legislative

approval and appropriation. The COUNTY understands that it is responsible for

all costs of the Project over and above $490,307 (four hUlld,ed ninety thousand,

,,,,,, h"nd"dsellen dollars).

(B) It is understood that the COUNTY will not provide funds towards the total Projcct cost.

6. Actual direct costs are limited to the COUNTY'S direct payments to its contractor as required for complotlon of lhe Projecl. Such COSlS Incl ude, but are not limited to, costs for

supplies, materials. and services related to the Project.

7. Reimbursement herein is conditioned on the following:

(A}Billa for feoi or other compensatlon for services or expenses shall be

submitted to the DEPARTMENT in detail sufficient for a proper pre-audit and post-audit. Such submissions must include an Invoice Summary Sheet, supporting documentation to justify the charges and for the final payment, the Notice of Completion; and

(B) All payments from the DEPARTMENT to the COUNTY are conditioned upon the completion of the Project in a manner consistent with the Project construction documents by the COUNTY·S contractor;

(C) The COUNTY may receive progress payments for services that have been completed and accepted to the satisfaction of the DEPARTMENT when properly

supported by invoices or other acceptable evidence of payment to its contractors. The remaining balance wiJI be due upon the completion Wld approval of all Project services.

(D) Within 30 days after completion of the work authorized by this Agreement, the COUNTY shaH notity the DEPARTMENT in writing

or

the completion; and for all design work that originally required certification by a Professional Engineer. this noli fication shall contain an Engineers Certification

or

Complillllce, signed and sealed by 8 Professional Engineer, in the form and mlMer set forth in Exhibit.

"c

n

• The

certification shall stale that work has beon completed in complianoe with the Project construction plans and specifications. If any deviations are found from the approved plans, the certiftcation shall include a list of all deviations along witn an cKplanation that Justifies fhe reason to accept each deviation.

(E) The COUNTY shall provide the DEPARTMENT with documentation supporting its final costs of the Project. This docwnentation must show the tetal amount

the COUNTY has Incurred for the services perfonned under this Agreement.

8. The COUNTY, which is providing goods find services to the DEPARTMENT, should be aware of lhe following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to Inspect and approve the goods and services. The DEPARTMENT has twenty (20)

days

to deliver a requesl

ror

payment (voucher) to Ihe Department of Financial SClViees. The twenty (20) days are measured from the lalter of the date the invoice is received or tile goods Gf services arc received. inspected and approved. If a

payment is not ayailable within forty (40) days, II separale interest penalty at a rate as established

pursuant 10 Section 55.03(1). Florida Statutes, will be due and payable to the COUNTY, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the COUNTY requests payment. Invoices whioh have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not st&rt until a properly completed invoice is provided 10 the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Sorvioes. The duties of Ihis individual includ~ acling as. an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments from 8

:stlde Ilgtncy. The: Vemlur Ombudsman may be contacted at (850) 413-S516 or by call1ng the Department of Financial Services Hotline all-817-693-5236.

9. The COUNTY agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this Project. All cost records and accDunts shall be subject to audit by a representative of the DEPARTMBNT at aU times during the period of this Agreement and for a period of five (S)

yC:flIS after fimd payment is made:. which audit mlSY include, bUL shllll nul nt:ct:s~~rily be limitc:d to, such verifications as to the amount and validity of all costs of the Project. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include

the

COUNTY'S general accounting records and the project records. together with supporting documents and records. of the contractor and all 9ubcontracrors 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. Any discrepancies revealed by any such audit shtll rbe resDlved by a correcLc::d final billing frum the COUNTY to the DEPARTMENT.

10. In the event this Agreement is for services in excess of $25,000.00 (TWENTY FIVE THOUSAND DOLLARS) and a tenn for R period of more titan one year, the provisions of Section 339.13S(6)(a), Florida Statutes, are hereby iDCOrpOrared:

"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its tenns. invotves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made tn violalion of this subsection is null and void, and no money may be paid on such contract. The Department shalt require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent tbe making of contracts for periods exceeding J year. but any contract so made shall be exeoutory ollly for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporaled verbatim In all conracts of the deparrment which are for an amount in excess of $25,000.00 snd which have a term for a periotl of more than 1year."

funds arc not appropriated to the DePARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving written notice to (he other to that effect.

12. Audits: The administration of funds awarded by the DEPARTMENT 10 the COUNTY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section.

MONITORJNG

In addition to reviews of audits conducted in accordance with OMB Circular A-I33 and

Sec.tion 215.97, Florida Statutes, as revised ($lee "AllDITS" helow), monitoring

procedures may include, I>ut not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMS Circular A-133. as revised, and/or other procedures. By entering into this Agreement, the COUNTY agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTNfENT. In the event the DEPARTMENT detennines that a limited scope audit of Ihe COUNTY is appropriate,. the COUNTY agrees to comply with any additional insLnlctions provided by the DEPARTMENT ataffto the COUNTY regarding such audit. The C01JNTY further agrees to comply and cooperate with any inspections, rev iews, investigations, or audits deemed necessary by the FDOT'S Office of Inspector General (010) and Florida's Chief Financial Officer (CFO) or Auditor General.

AUDITS

PART I: FEDERALLY FUNDED

Recipients of federal funds (i.e. state, COUNTY, or non-profit organizations as defined in OMS Circular A-l33. 8S revised.) are to have audits done alUlually using the following criteria:

I. In the event thal the recipient expends

ssoo.aoo

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-Il3, as revised. If applicable,

EXHIBIT I to this Agreement indicates Federal resources awarded tlU'ough the

DEPARTMENT by this Agreement. In detem1ining (he 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 OMS Circular A-IB, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-I33, as revised, will meet the requirements ofthis part.

2. In connection willt lhe audit requirements addrtlssed in Plitt I, paragraph I, the recipient shall fulfill the requirements relative to audilee responsibilities as provided in Subpart C of OMB Circular A-l3J, 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 o{OMB Circular A~)33, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-l33, 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 entitles).

4. redel'll 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

tederaI Rgency.

PAETH: 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 dono annually using the following criteria:

I. In the event that the recipient expends 8 total amount of state financial ass/stance equal to or in excess of$500,000 in any fiscal year. tbe recipient must have .a Stare single or project-speoific 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 (COUNTYa! entities) or 10.650 (nonprofit and for-profit ofganiutions), Rules of the Auditor General. [fapplicable, EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in Us Oscal year, the recipient shall consider all sources of state financial assistance, including stale financial assistance rl:ceived (rullI the DEPARTMENT, other 8181.0 agencies, and other non-state entities. State financial assistance does not Include Federal direct or pass-through awards and resource!' received by 4 non-state entity for Federal program matching requirements.

2. In cOMcction with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with tIle 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 Chaptet's 10.550 (COUNTYal entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor Genoral.

3. Jf the recipient expends less than $500,000 in state financial assistance in its fiscal yea" an audit conduoted in accordallce wilh the provisions of Section 215.97, Florida Statutes, is nct required. However, if the recipient elects to have an audit conducted in

accordance with the provisions of Section 215.97, Florida ~tatute.l;. the cod of the audit

must be p.aid from the non-stale entity's resources (i.e., tne cost of such an audit must be paid from the recipient's l'eSources obtained from other than State entilies).

4. Slate awards are to be identified using the Catalog of State Financial Assistance

~ - - - _ - . ' • I " . ,., , " ' . ' . .'"

\._v .. • "'1 ~.~~'" .... ,'" 4. .. ""'" •• _ ... , "",., *'... ,"'... .., ...~... J ... _-, .U,t_ •••~... "' •••• .,. ...1:)" •• " ' ) - , . _ ... "' ....c

PARI

III: OTHER AUDrT

MQUlREMENTS

The recipient shall follow up and take corrective action on audit findings. Preparation of R sununary 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 tindjngs, appeals, or litigation shall be retaIned until the actIon Is completed or [he dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Department of Financial Services,

unu

the Auditor General. This secliull does /lut 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 Itny other state official.

PART IV; REPORT SUBMISSIOli

I. Copies of reporting packages for audits conducted in accordance with OMS Circular A-Ill. as revised. tmd rt:4uiretl by PART (of ulis Agreement shall be submitted, when required by Section .320 (d). OMS Circular A-I33, as revised, by or on behalfof the recipient directly to each of the following:

A. The DEPARTMENT al each of the following addresses:

Florida Department of Transportation

Lawrence Taylor, District S~ifd Projects/LAP Administrator 11201 North McKinJey Drive, Mail Station 7-500

Tftmp4, Plorida 336J2

B. The Federal Audit CLearinghouse designated in OMB Circular A-lB. as revised (the number of copies required by Sections .320 (d)(l) and (2). OMB Circular A·13J. as revised, should be submitted to lhe federal Audit Clearinghouse), at the following address:

Federal Audit Clearinghouse Bureau of the Census

L201 Eas1 lOth Street Jeffersonville, IN 41 J32

C. Other Federal agencies Ind pass-through entities in accordance with Sections .320 (e) and (t). OMB Circular A-I33. 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 OMS Circular A­

133, as revised, is not required to be submitted 10 the DEPARTMENT for reasons pursuant to section .320 (e)(2), OMB Circulur A-133) as re'Vil:i\:u, the recipient shall submit the requil'ed written notification pursuant to Section .320 (e)(2) and a

i'"" ,t , . : . ; ,.t" • .. ".J'I ...' ' "4"'''. I_ ... r ...~ Jr ••• f ' ' ' ' .. r- T· .. "" . . . ,. .. , .. ~. .JII" ·"l~J " " . . " ....1 . . . . ~ .. ,.~4~·.... . , • ~ •

Florida Department ofTransportation

Lawrence Taylor, Distnct Special Projects/LAP Administrator ( 1201 North MeKinley Drive, Mail Station 7-500

Tampa, Flortda 33612

In addition, pursuant to Section .320 (t), OMS Circular A- (33, as revised, the recipient shall submit a copy of the reporting package described ill Section .320 (0), OMS Circular A-l33, as revised. and any management letters issued by the auditor, to the OBPARTMENT at each of the fonowing addresses:

Florida Department of Transportation

Lawrence Tay/or. Dlstnct Special ProjectslLAP Administrator 11201 North McKinIc}' Drive,. Mail Slation 7-S00

Tampa, Florida j3612

3. Copies of finanoial roporlina packages requir~d by PART II of this Agreoment shall be submitted by or on behalf of the recipient dire.ctly to eaoh of the foHowing:

A. The DEPARTMENT at each ofthe followini addresses: Florida Department ofTransportation

Lawrenoe Teylor. DistrIot Speoial projeC\slLAP Administrator I L201 North McKinley Drive, Ma Station 7~SOO

Tampa. Florida 3361

B. The Auditor General's Office at the following address: Auditor Oeneral IS Office

Room 40 I, Poppor Building 11 LWest Madison Street Tallahasllee, Florida 32399-14S0

4. Copies of reports or the management letter required by PART JII of this Agreement shall be submitted by or on behal f of the recipient directly to:

A. The DEPARTMENT at each offhe following addresses: Florida nepar1!nent of Transportation

Lawrence Taylor, Distnct Special Projects/LAP Administrator 11201 Nonh McKinley Drive, Mail Station 7~SOO

Tampa, FLorida 33612

5. Any reports, management letter, or other information required to be submitted to the DBPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-I 33. Florida Statu~eSt and Chapters 10.550 (COUNTYal entities) or 1O.6S0 (nonprofit and for-profit organizations), Rules oflhe Auditor General! as applicable.

6. Recipients. when submitting financial reporting packages to the .. , ••• .. • • . . . • • ~ - to,... ... *

&.,.Ijjj/ll\.. •• VU•."l"l tVA ","W\,UfH ,",\;"'4\.00 U' t.4v\f"'""'tA"""..., .\iU.. '-' ...1...1 \..ruv\.\,.u,U "".'.J.J \,I.

organizations). RuJes of the Auditor Oeneral, should indicate the dale that the repOl,ting package was delivered to the recipient in correspondence accompanying the reporting package,

PART

Y:

RECORD RETENTION

I. The recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period ofat Jeast five years from the dale the audit report is issued, and shall allow the DEPARTMENT, or its designee, CPO, or Auditor Oeneral access LO such records upon request. The recipient shall ensure that audit working papers

are made available to the DEPARTMENT, or its designee, CPO, or Auditor General upon request fur I:l period of Ilt least five yeKrs frum thl: \Jlll~ the audil report il:i Issued, unless extended in writing by the DEPARTMENT.

13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the other party to aUow public access to all documents, papers, letters, or other material subject to

the provisions of Chapler !19, Florida Statutes, and made or received by such party in conjunction with this Agreement.

14. This Agreement sholl continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, flnal costs are known, and Je"islaliveiy appropriated reimbursements, ifapproved. are made by the DEPARTMBNT.

15. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotialions, correspondence, conversation. agreements, or understanding applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the SUbject matter of this Agreement that are not contained tn this document. Accordingly, it is agreed that no deviation ffom the terms hereof shall be predicated upon any prior representation or agreements whether oral or written.

16. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competem jurisdiction. or any other legally constituted body having jurisdiction, to be invalid or Wlenforceable shall be

f , r •• t • • • • 4o. fit tf fit I , . , . I · " . f .

the invalidated or unenforceable provision is nol material to the intended operation of this

Agreement.

17. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unlell6 prior written notification of an alternate address for notices is sent, all notices shaU be sent to the following addresses:

DEPARTMENT Mr. Law,'eoce Taylol'

Oiltrld Special ProJectalLAP Admbdstrator

Plorida

De~llrtmeDt of Traulportatlon lUOl Nortb McKInley Drive, Mall Station 7-S00

Tampa, Florida JJ6Jl

HERNANDO COUNTY

Couney Enlineer

Hemaodo

Couoty Deparfment of Public Works 1~15 East Jefferson Street

Brooksville ilL 34'01

18. PUBLIC ENTITY CR1ME fNPORMATlON AND ANTI-DISCRJMfNATION STATEMENT: A person or affiliate who has been placed on the convicted vendor Jist 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 "ubmit B bid nn a contract with a public enlity for lhe 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, subconlractof, 01' consultant ullder a contrael with any public entity, and may not transact bWliness with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bie! on 8 contract to provide any goods or services to a public entity. may not submit a bid on a contract with 8 public entity for the construction or repair of a public building or public work, may [lOt submit bids on leases of real property to a public entity, may not be awarded or perform work as It contractor, supplier. subcontractor, or consultant under a contruct with any

IN W[TNESS WHEREOF, the COUNTY has caused this Agreement to be eKcculed in its behalf, by the Chairperson of the Board of County Commissioners, as authorized by Reaolutioon Number ~[)I p

,,If:

I ruld the FLORIDA DEPARTMENT OF TRANSPORTATION hils caused this Agreement to be executed in its behalf through its District Director of Transportation Development for District Seven, FlorkJa Department of Transportation:

HERNANDO COUNTY, FLORIDA

Chairman, Board of County Commissioners itle

"1

')

~

/~,,~

-\

\

.?~/,'-~L

J hn

c.

~i

Date

C

l

STATE OF FLORIDA DEPARTMENT

OJ.

NSPORTATION

..

' ATTEST

,kL

,iJd~

--­

tor 0 ransportation Develop'ment

EXECUTl VE SECRETARY

District

Seven

~Sd:'"

De-I

M1(O

5")7/0

_SootLW, Collister, P.E.. CPCM

5"/~~J,-,,-,'O

__

Print Name rt Date Print Name Date

Fl•. Dept.

OfTU.1

Review: By:

IS

J-

~

Availability of Funds Approval:

EXHIBIT "A"

SCOPE OF SERVICES

Finaneial Management Number: 4281792 38 01.,428179 2 4801 and 428179 2

5801.

Projed

NameiDescriptiop: Second Entrance

to D.S. Parrott

Middle

School. This

prol~~.wlll

ruld-1\

bus only

enmmce

that

will

b~

located off

Cobb

Road on

the school's

west side

th.at

wilt

significantly decrease

EXHIBIT "0"

RESOLUTIONIMINUTES

Financial Management Number: 428179238 01

t

428179 24801

Bnd

428119 2

EXHIBIT

"C"

NOTICE OF COMPLF.TiON

COUNTY AND SCHOOL DISTRICT fNFRASTRUCTIJRE PILOT PROGRAM JOINT PARTICIPATION AGREEMENT

BelWoon

THE STATE Of FLORIDA DEPARTMENT OF TRANSPORTAnON

and

HERNANDO COUNTY

PROJECT DESCRIPTION: Second Entrance to D.S. Parrott Middle School. This project will add a bus only entrance that will be located off Cobb Road on the schooPs west side that will significantly decrease congestion, waiting and unsafe backup on Cobb Road.

FINANCIAL MANAGEMENT NUMBER 428179 2 3801,4281192 4801 and 428179 25801.

In accordance with the Terms Ilnd Conditions of the JOINT PARTlCfPATION AGREBMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of_ _ _ _ _ _ _..J' 2010.

HERNANDO COUNTY

8y: _ _ _ _ _ _ _ _ _ _ __ Name: _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ __

ENGINEER'S CERTIFICATION OF COMPLIANCE

In accordance with the Tenns and Conditions of the JOINT PARTICIPATION AOREEMBNT, the undersigned hereby cet11fies that all work which originally required certification by 1\

Professional Engineer has been completed in cornllHance with the Project construction plans and specifications. rf any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification.

By: _ _ _ _ _ _ __

_,P,E·

SEAL: Name:

EXHIBIT- [

FEDERAL RESOURCES AWARDED TO TIlE RECIPIENT PURSUANT TO TtflS AGREEMENT CONSIST OF THE FOLLOWING:

federal Program (iisl Federal agency, Catalog ofFederal Domestic Asslslance IIlle and Humber)

$ (amounl)

COMPLIANCE REQUiREMENTS APPLICABLE TO THE FEDERAL RESOURCES

AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

~~e:r:~c!r"'~k'D»1fC

_I.

_N-@.',t1e

_~

_J9q

_:w

ABLE

_what

_{serwcrslpurpo'" mources}

_{musl bt}

2. Second applicable complllJnce requirement (e.g., eligibility requirements/or recipients

0/

Ihe resources).

3. Etc.

STATE RESOURCES AWARDED TO

THE

REcrPIENT PURSUANT TO THIS AGRJ.i;EMENT CONSIST OF THE FOLLOWING;

MATCHING RESOURCES FOB FEpERAI ... PROGRAMS:

Federal

Proaram

(lilt Federal agency, Catalog ofF-ede,," Domestic Assislance till' and number) $

(anuumll

SUBJECT TO SECTION %15.97. FLORIDA STATUTES;

State Project (i/sl Stale awarding aglncy, Catalog 0/ Statl Flna/fcial A3S/$IQnce till~ and

number) • $ (amount)

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOllRCES