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Resolution 500-2007 RESOLUTION NO. 500 - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SIGNING AND SUBMISSION OF A FEDERAL TRANSIT ADMINISTRATION, 49 U.S.c., SECTION 5310 YEAR 33 (2008-2009) CAPITAL ASSISTANCE GRANT APPLICATION, SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PURCHASE TWO (2) TRANSPORTATION BUSES AND ACCEPTANCE OF ANY SUBSEQUENT GRANT AWARD. WHEREAS, the Board of County Commissioners of Monroe County, Florida have the authority to apply for and accept grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or by the Federal Transit Administration Act of 1964 as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: The submission of a Federal Transit Administration, 49 U.S.C., Section 5310, Year 33 (2008-2009), Capital Assistance Grant Application(s), supporting documents and assurances to the Florida Department of Transportation to purchase two (2) transportation buses is hereby approved. Section 3: The Mayor of the Monroe County Board of County Commissioners is hereby authorized to sign the application and accept any subsequent grant award, unless specifically rescinded. ,..., :3: c::3 .---, Passe:d and adopted by the Monroe County Board of Commissioners at a Iiieti~ h~this;: 19th day of December, 2007. S""':" ::;:; rr1C-< -- C):;--''''~~ I '.=.C-;.'. \.0 Mayor McCoy Mayor Pro Tern DiGennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent Yes Yes -0 " == Yes ",---";--i: .'.1 ~ VI'Ul! W Yes a> (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk By:~JUC. f9y</Ja-rJ;vo" Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor es "Sonny" McCoy ASSISTANT cau Date Checklist for Application Completeness 5310 Year 33 (2008-2009) Name of Applicant: Monroe County Board of County Commissioners Check one: First-time Applicant Previous Applicant X The following must be included in the section 5310 grant application in the following order: ----2L This Checklist ----2L Applicant's cover letter and 2 copies of the governing board's Resolution ---2~ Application for Federal Assistance (Form 424, Code 20.513) ---2~ Operating and Administrative Expense and Revenue Form ~~ Current Vehicle and Transportation Equipment Inventory Form ~~ Capital Request Form ~_ Exhibit A: Current System Description ~_ Exhibit A-1: Fact Sheet -.X_ Exhibit B: Proposed Project Description -.X_ Exhibit C: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) ----X_ Exhibit D: Coordination (Miami -Dade County Applicants please see Special Instructions) N/)!L.- Exhibit E: N/A ~_ Exhibit F: Federal Certification and Assurances NIJ1- Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) ~_ Exhibit H: Applicant Certification and Assurance to FDOT ~_ 5 Copies of the Audit Report or the latest Internal Revenue Services return --L_ Dated copy of cover letter to Local Clearinghouse (South Florida Regional Council / SFPRC) Additional documents required for first-time applicant (if a private-non profit agency) N/A_ Copy of Certificate of Incorporation Submit one original and four copies of the entire application by January 22, 2008. O,'!,~rv ~2!!~E (305) 294-4641 ("---- Monroe County Board of County Commissioners Community Servi<:es Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M, Spehar, District 1 George Neugent, District 2 Sylvia j, Murphy, District 5 State of Florida Department of Transportation Grant Application Monroe County Board of County Commissioners submits this Application for the Section 5310 Program Grant Year 33 (2008-2009) and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness, Monroe County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129,07 and 768,28, Florida Statutes to indemnifY, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application, This Application is submitted on December 19, 2007 with two (2) original resolutions or certified copies of the original resolution authorizing Mayor Charles McCoy to sign this Application, By: Ch f County Commissioners Date: 12/19/2007 Privacy Statement: This letter and any files accompanying it are intended only for the person or entity to which it is addressed and may contain confidential materials and/or material protected by law, Any retransmission or use of this information may be a violation of that law, If you received this in error, please contact the sender and destroy the materiaL / ASSiSTANT C NTY ATTORNEY / t/'1 ~ '7 Data '( 6 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Ag~Jicant Identifier ,;:../,Cj/Zc.;r.7 5 0 Vear 33 (2008-2009) 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BV STATE State Application Identifier Application Pre-application o Construction [j Construction 4. DATE RECEIVED BV FEDERAL AGENCV Federal Identifier IZJ Non-Construction o Non-Constructlon 5. APPLICANT INFORMATION Legal Name: Organizational Unit Monroe County Board of County Commissioners Department Monroe County Transit or~anjzational DUNS: Division: NI Community Services Division Address: Name and telephone number of person to be contacted on matters Street: Involving this application (give area code) Prefix: First Name: 1100 Simonton Street Room 1-188 Me Jerry City: Middle Name Key West L. County: Last Name Monroe Eskew ~tate: Zi~ Code Suffix: lorida 3 040 CountrY.: Email: United States eskew-jerry@rnonroecounty-f1.gov 6. EMPLOVER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) /I'ax Numbe, (g'" acea oode) iII~-~@][Q][Q][TI~~ 305 292-4425 305 292-4411 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back afform far Application Types) fl New In Continuation 0:-:: Revision B. County If Revision, enter appropriate letter{s) in bax{es) pther (specify) See back of form for de~icription of letters.) 0 0 Other (specify) 9. NAME OF FEDERAL AGENCV: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 13]@]-[]ITJ0 Purchase Vehicles (Body-on~Chassis Paratransit Buses) TITLE (Name of Program): Federal Transit Administration Section 5310 Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant ~~. Project July 2008 June 2009 18th Congressional District 8th Congressional District 15. ESTIMATED FUNDII~G: 16.IS APPLICATION SUBJECT TO REVIEW BV STATE EXECUTIVE RDER 12372 PROCESS? a. Federal fI ID THIS PREAPPLlCATION/APPLlCATION WAS MADE 144,000 a. Ves. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant ~ 18,000 PROCESS FOR REVIEW ON eState ~ DATE: 18,000 d. Local b. No. Il"I PROGRAM IS NOT COVERED BV E. O. 12372 e. Other IJ OR PROGRAM HAS NOT BEEN SELECTED BV STATE FOR REVIEW 1. Program Income 17. IS THE APPLICANT DELINQUENT ON ANV FEDERAL DEBT? 9 TOTAL 180,000 o Yes If "Yes" attach an explanation. I>'J No 18. TO THE BEST OF MY ~~ EDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN IJUL V HORIZED BV THE GOVERNING BODV OF THE APPLICANT AND THE APPLICANT WILL COMPL V WITH THE ATTACHED ASSURANCES I H ASSISTANCE IS AWARDED. a. Authoriz R , t v ~efix I~ tName ~iddle Name arles Last Name I fSuffix McCoy . Title . Telephone Number (give area code) Mayor 305 292-3430 ~. Signature of Authorized Repre nl ~ ; ~a~V{"C,ed Previous Edition Usable )'~ ''''~\I''';'(/F Standard Form 424 (Rev,9-2003) Authorized for Local Reoroduc "" ;~, ,:fI";;; Prescribed bv OMS Circular A-102 . j;,,.j,f \'1 - " iI"":'?'" 'r ;- .' (""-", '. r;':: , (.~-~-,~.::~.._< .i JECI:),:; ,j, i<ir;::el~._h,DO- "-SSi3T)\1'i'i' r,,:;oUI\ir" A'I".I" r-!i:.:~r , .1' ~12t,:) OPERATING AND ADMINISTRATIVE EXPENSE & REVENUE 5310 Year 33 (2008-2009) Name of Applicant Monroe County Board of County Commissioners (MC Transit) Fiscal Period from 10/0112007 to 09/30/2008 Budget TRANSPORTATION-RELATED OPERATING and ADMINISTRATIVE EXPENSES EXPENSE CATEGORY EXPENSE $ Labor(501) $579,030 Fringe and Benefits (502) 265,532 Services (503) Materials and Supplies (504) 60,000 Vehicle Maintemmce (504.01) 154,055 Utilities (505) 3,000 Insurance (506) 33,198 Licenses and Taxes (507) Purchased Transit Service (508) Miscellaneous (509) 50,000 Leases and Rentals (512) Depreciation (513) 16,749 TOTAL EXPENSE $1,161,564 TRANSPORTATION -RELATED OPERATING and ADMINISTRATIVE REVENUES OPERATING REVENUE REVENUE $ Passenger Fares ~Dr Transit Service (401) $ 40,000 Special Transit Fares (402) Other (403-407) (identifv bv appropriate code) TOTAL OJ'ERA TING REVENUE $ 40,000 OTHER REVENUE SOURCES Taxes Levied Directly by the Transit System Local Cash Grants and Reimbursements $1,051,564 (409) Local Special Fan~ Assistance (410) State Cash Grants and Reimbursements 70,000 (411) AHCA State Special Fare Assistance (410) I Federal Cash Grants & Reimbursements (413) Interest Income (414) I Contributed Services (430) , Contributed Cash (431) Subsidy from Other Sectors of Operations (440) TOTAL OF OTHER REVENUE $1,121,564 GRAND TOTAL OF OTHER REVENUES $1,161,564 1\>1\> 1\>1\> I\> 1\>1\> 1\>1\> 1\>1\> 1\>1\> 1\>1\> I\> I\> ~ ~ 00 00 0 00 00 00 00 00 0 0<0 <0 00 00 0 00 00 00 00 00 0 0<0 <0 .......... 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Q. ~ zC: o :!. . - o c: ... iil :::l - < CD ::T o' CD 3:111 o :::l :::l Q. a -l CD iil o:::l o Ul c:'tJ :::l 0 >~ ;- Ullll=- 000 ~o:::l ~o,g' -~c: o 3: -. l:To'tJ CD :::l 3 ... ... CD NO:::l OCD_ ~O:::l o < c: CD :::l :::l ~o -lo< ... III c.n :::l W Ul .... j:;O --< CD III ... ~ N o o co N o o <D - CAPITAL REQUEST FORM 5310 Year 33 (2008-2009) Monroe County Transit (HOCC) VEHICLE REQUEST GMIS code RorE Number Description (b) (c) Estimated (This column (a) Requested Cost for FOOT IJse ONLY) I!. R 2 Type D Body-on-Chassis Transit Bus 23-31 ft $180,000 -- diesel WC lift 4-20 ambulatory seating in combination with 6 wheelchairs I!. -- I!. -- I!. -- I!. -- Subtotal $180,000 EQUIPMENT REQUEST (C) 11. -- II. -- I!. -- I!. -- Subtotal $ N/A (a) Replacement (R) or Expansion (E), (b) Provide a brief description including the length and type vehicle, type of fuel, lift or ramp, number of seats and wheelchair positions. Do not show the Make. For example, 22' diesel bus with lift, 12 ambo Seats, 2 w/c positions. (c) Show mobile radios, computer hardware/software, etc. under "Equipment Request", VEHICLE SUBTOTAL $180,000 + EQUIPMENT SUBTOTAL$ (X). (X) x 80 % = $144,000 [Show this amount on Form 424 in block 15 (a)] EXHIBIT A 5310 Year 33 (2008-2009) CURRENT SYSTEM DESCRIPTION Monroe County Transit (BOCC) Overview & Routes Monrols County Transit provides paratransit service to the elderly, disabled and transportation disadvantaged citizens of Monroe County. The operation services four ge,ographical route areas, the Lower Keys (Key West) from mile marker 0 to 20, Bi91 Pine Key from mile marker 21 to 40, the Middle Keys (Marathon Key) from mile marker 47 to 72 and the Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size & Placement The entire fleet of seventeen (17) Paratransit buses is wheelchair equipped and ADA Compliant. Seven buses are located at 1100 Simonton Street, Key West, one bus is located at 380 Key Deer Blvd in Big Pine Key, four buses at 490 63'd Street, City of Marathon and five buses at 88800 Overseas Highway, Plantation Key. Hours of Operation MonroEl County Transit operates five (5) days per week Monday through Friday from 8 a.m. to 5 p.m. excluding Monroe County Observed Holidays. Staffing Monroe County Transit staff consists of a Transportation Administrator, Administrative Assistant, Special Needs Coordinator, Transportation Specialist, Two (2) Dispatcher, Reservation, Schedulers, nine (9) CDL Class B Licensed Transportation Drivers and nine (9) CDL Class B or D Licensed On-Call Substitute Transportation Drivers. Rider Composition 69% Elderly 60 years and older includes handicapped 31 % Transportation Disadvantaged 59 years and younger includes handicapped Within those two categories 14% are Wheelchair Clients Vehicle Maintenance Monroe County Transit utilizes the County's three fully staffed maintenance facilities (Key West, City of Marathon & Plantation Key) with an industry recognized preventative maintenance program in place. Single Audit Act Attached is Monroe County's latest completed Single Audit. EXHIBIT A-1 ee FACT SHEET 5310 Year 33 (2008-2009) Monroe County Transit (BOCC) CURRENTLY IF GRANT IS AWARDED IEstimates are acceotable) 1. Number of one-way trips provided 38,011 42,000 goal to elderly and persons with disabilities IE & D\ PER YEAR 2. Number of individual E & 0 served 978 1,200 goal lunduolicated) PER YEAR 3. Percentage of E & 0 needing 14.0% 14.0 -16.0% wheelchair oositions AVERAGE 4. Number of vehicles used to 9 9 provide service AVERAGE 5. Number of ambulatory seats AVG 200 212 to 216 depends on exact configuration chosen 6. Number of wheelchair positions 58 62 to 64 depends on exact AVERAGE confiauration chosen 7. Vehicle miles traveled PER YEAR 235,026 230,000 - 250,000 8. Averaae vehicle miles PER DAY 964 900.1000 9. Normal number of days in 5 5 ooeration PER WEEK 10. Normal hours of vehicle 8 a.m. until 5 p.m. 8 a.m. until 5 p.m. ooeration PER DAY 11. Trio lenath AVERAGE 4.12 4.0 - 5.0 EXHIBIT B 5310 Year 33 (2008-2009) PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) The awarded funds will be used to replace two aging body-on-chassis buses, unit 2833 (VIN# 1FDWE30F8WCH13964), a 1998 Ford/Aerolite bus with 8 ambulatory & 2 wheelchair passenger capacity and 1905 (VIN# 1 FDWE30F3XHC33122), a 2000 Ford/Aerolite with 8 ambulatory / 2 wheelchair passenger capacity or two similar high mileage lower capacity buses. The two body-on-chassis diesel bus replacement vehicles will be configured to increase the capacity of the fleet to handle both ambulatory and wheelchair clients with more dependable transportation, while reducing the excessively high repair and maintenance and service equipment downtime that is associated with high age and hillh mileage vehicles. Recent need has required still maintaining some high mileage, high maintenance and more frequent downtime buses that would otherwise have been eliminated from the fleet. As the newer bus problems are solved the fleet will be reduced by those less efficient more maintenance prone vehicles. Additionally, the transit program hopes to reduce the fleet size as the average age of the fleet reflects newer vehicles. This reduction of the older, more costly to operate backup vehicles from the transit fleet will result in reduced maintenance expense, better fuel economy and less bus downtime than the department had been experiencing in the past. As always, the new buses will be placed on Monroe County's preventive maintenance plan along with utilizing the new vehicle warranties. Client outreach continues in Big Pine and the Middle Keys and will again be the focus for this fiscal year especially targeting the elderly and the handicap. Elderly organization meetings will be attended on a regular basis in an attempt to introduce and re-acquaint the aging population with our services. Special Needs Clients target the elderly and handicapped to make sure they are not forgotten as threatening storms approach the Florida Keys. The transportation of those individuals is assured by maintaining a well-equipped current transit fleet. EXHIBIT C 5310 Year 33 (2008-2009) PUBLIC NOTICE Monroe County Transit (BOCC) All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of a Type D Transit bus (Body-on-Chassis) to be used for the provision of public transit services within Monroe County, Florida. A Public Hearing has been scheduled at 9:00 a.m. on 12/19/2007, Marathon Government Center 2798 Overseas Highway, Marathon, Florida, for the purpose of advising all interested parties of service being contemplated if a grant is awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. Monroe County, FL - 2007 BOCC Meeting Dates Page 1 of2 Mission Statement The mission of Monroe County is to provide outstanding public service responsive to the needs of our citizens, our unique community, and our environment. ,)) About Momoe County 11 County CommtSsJonen "1}) Empklvment )} Depts .. DrvtsJOns " ConstltutlonalOfflCerti }) Useful Web Sites ~ Para Espanol Search Our Sito I Go\ 19le- 2007 BOCC Meeting Dates Prtnt.€tr-FrienciIYVElJ,s,ion MEE1])'IG DATES *AGE)'IJ)A I!E_ADLINE LQCATION 1/17/07 - 1/18/07 1/2/07 Harvey Government Center 2/21/07 - 2/22107 2/6/07 Key Largo Library 3/21/07 - 3/22/07 3/6/07 Marathon Government Center 4/18107 - 4/19107 413/07 Harvey Government Center 5/16/07 - 5/17107 5/1/07 Key Largo Library 6/20/07 - 6/21/07 6/5/07 Marathon Government Center 7/18/07 - 7/19/07 7/3/07 Harvey Government Center 8/15/07 - 8/16/07 7/31/07 Key Largo Library 9/19/07 - 9/20/07 9/4/07 Marathon Government Center 10/17107 - 10/18/07 10/2/07 Harvey Government Center 1lI14/07 - 1lI15107 10/30107 Key Largo Library 1----............ ..""'. ------] 112/19/07 - 12/20/07 12/4/07 Marathon Government jCent.t'~ ,".-'" -~.~'"-- y-....<..-,-...-...."".. -, ""-~-~ ~,,~. ,.-..,,", ~ -..._~"~._--- All meetings in all areas begin at 9:00 a.m. Key Largo Library Gov't Center Tradewinds Shopping Center Truman Ave. 101485 Overseas Highway Mile Marker 101 Marathon Gov't Center Harvey 2798 Overseas Highway 1200 Mile Marker 50 Key West Approved at the November 15, 2006 DOCe meeting. hllp://monroecofL virtualtownhaILnet/Pages/MonroeCoFL _ BOCC/2007 schedule 1l/16/2007 MEMORANDUM TO: Division Directors Administrative Staff FROM: Debbie Frederick Acting County Administrator SUBJECT: 12119/07 Action Items DATE: December 26, 2007 The foHowing action items initiated at the subject meeting are promulgated for your information and indicate specific actions for which you are held responsible. The meeting was held at the Marathon Government Center. The Mayor and all Commissioners were present. BI Presentation of Years of Service Award for IS years of service to Michael Saunders, Firefighter/EMT. B2 Presentation of Years of Service Award for 20 years of service to Joseph Paskalik, Sr. Director Building Official, Building Department, Growth Management Division. B3 Presentation of Employee Service Award for the month of May, 2007 to Dawn Bender, Customer Service Representative II, Building Department, Growth Management Division. B4 Approval of a resolution of the BOCC recogmzmg December 21, 2007 as National Homeless Person's Memorial Day. BULK APPROVED C I EMERENCY SERVICES - Approval of a FY07 State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-l1-54-0l-, and authorization for the County Administrator to execute any other required documentation in relation to the application process. BULK APPROVED C2 EMERENCY SERVICES -Approval to issue a purchase order and the authority to accept and sign the proposal from Horton Emergency Vehicles in the amount of $179,278.00 for the purchase of one 2008 Navistar Medium, 102" Type MED :'vlodel 603A Ambulance by piggy-backing the Escambia County bid contract I'D 05-06.048 (Attachment A). BULK APPROVED APPROVED C22 COMMUNITY SERVICES - Approval of an application for Federal Assistance between Monroe County Board of County Commissioners, the applicant, and the Federal Transit Administration for Financial Assistance to purchase twelve (12) Mobile Data Terminals and approval for the Mayor to sign the Grant Application, Resolution and other Application Documents. BULK APPROVED C23 COMMUNITY SERVICES - Approval of an application for Federal Assistance between Monroe County Board of County Commissioners, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses and approval for the Mayor to sign the Grant Application, Resolution and other Application Documents. BULK APPROVED C24 COMMUNITY SERVICES - Approval ofthe Master Agreement #PA-829 for the period of January I, 2008 through December 31,2008, between the Alliance for Aging, Inc. (Area Agency on Aging for Miami-Dade and Monroe Counties) and llhe Monroe County Board of County Commissioners/Monroe County Social Services (In-Home Services ProgramlNutrition Program). BULK APPROVED C25 COMMUNITY SERVICES - Approval of the Older Americans Act (OAA) Contract #AA-829 (1-1-08-12/31/08) for Titles III-B, C-I, C-II and III-E between the Alliance for Aging, Inc. (Area Agency of Aging for Miami-Dade and Monroe Counties) and the Monroe County Board of County Commissioners/Monroe County In-Home and Nutrition Services. BULK APPROVED C26 COMMUNITY SERVICES - Approval of Amendment to Agreement between G.A. Food Service, Inc. and the Monroe County Board of County Commissioners (Nutrition Program) to renew contract for one additional year, January I, 2008 _ December 31, 2008. BULK APPROVED C27 COMMUNITY SERVICES - Approval to enter into a Subrecipient Grant Agreement regarding the renovation at Bayshore Manor. BULK APPROVED C28 BUDGET & FINANCE - Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. BULK APPROVED C29 BUDGET & FINANCE - Approval to close Fund 167, Conch Key MSTU, and instruct the Clerk of Court to transfer remaining residual funds to Fund 174 Conch Key MSTU. BULK APPROVED C30 BUDGET & FINANCE - Approval of contract with consultant to provide Tavernier Historic District Intensive Level Survey and Publication. DELETE 4 Effective 07/01/07 to 06/30/08 Exhibit D STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINATOR, THE GUIDANCE: CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, FS, to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator" The terms and conditions of this Contract are effective Julv 1. 2007, and will continue through June 30. 2008. WHEREAS, the Coordinator is required, under Rule 41-2.011, FAC, when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through th,e Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S, Rule 41-2, FAC, and the most current Community Transportation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants. promises and representations herein, the parties agree as follows: THE AGENCY/OPERATOR SHALL A. Provide services and vehicles according to the conditions specified in Attachment I B. Coordinate available resources and make available transportation services to the Coordinator Such services shall be provided in accordance with Attachment I ThiS contract currently :-"=8 excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated C Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area. The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid..) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountino Consortium Model Uniform Accountino Svstem for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings The Agency/Operator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during the retention period F. Comply with Safety Requirements by 1. Complying with Section 341.061, FS., and Rule 14-90, FAC, concerning System Safety or complying with Chapter 234051, F.S., regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws. and Commission policies relating to drug testing, and; 3. Complying with Coordinator's System Safety Program Plan ISSPP) for designated service area. "'-/"''- 'J, ,-"j - ;:: - G . Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy. the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator wntten verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, FS. and 234.211, F.S. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. I. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.SC. 6101 et seq , which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981. P L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f All regulations. guidelines and standards lawfully adopted under the above statutes. g. The Americans With Disabilities Act of 1990. as It may be amended from time to time. ;7 J8 . , 2. Aweeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Agency/Operator, its successors, subcontractors, transferees. and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, subgrantees, or others with whom the Coordinator arranges to provide sel'Vices or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. J. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims, cost (including legal fees), and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator, K Comply with all standards and performance requirements of the: 1 The Commission for the Transportation Disadvantaged [ Attachment II ]; 2, The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3, Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator, L, Provide Corrective Action, A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required, )\ny corrective action notice will specify a reasonable time for corrective action to be completed, The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract N Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator, The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier, In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days C~c8 .4. . after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. O. In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color. sex or national origin 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/Operator 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 Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P By execution of this Contract, the Agency/Operator 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. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL A Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2. FAC. B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system C At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, FAC. The information contained in the Annual Operating Report must be collected, at a minimum. quarterly from the Agency/Operator THE OPERATOR AND COORDINATOR FURTHER AGREE A Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. B. If any part or prOVision of this Contract is held invalid the remainder of this Contract shall be binding on the parties hereto. C Termination Conditions: ~7 c': _ J 1. Termination at Will - This Contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail return receipt required, or in person with proof of delivery 2. Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agl'lncy/Operator Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery Notice shall be effective upon receipt. 3 Termination due to Disapproval of Memorandum of Agreement _ In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator, Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4, Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator, Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds, 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice, Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery, Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordlinator's right to remedies at law or to damages, 6, Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7, The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto, E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator, F This Contract is the entire agreement between the parties :7,08 -6. G. Attachments I and" are an integral part of the Contract and are hereby incorporated by reference Into this Contract All subsequent attachments are of an optional nature. H. Notice and Contact The name and address of the contract manager for the Coordinator for this Contract is Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 41 sl Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative wi/I be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. WITNESS WHEREOF, the. parties hereto have caused these presents to be executed. AGENCY/OPERATOR COMMUNITY TRANSPORTATION COORDINATOR Monroe County Board of County Commissioners -, - [ Agency/Operator Name] Guidance Clinic of the Middle Ke~___ [ Coordinator Name] , ,ll1.," I 'l~ (,,\! 0:;. <. /. J ~ ,", Typed/Printed Name of Authorized Individual Maureen Grynewicz Typed/Printed Name of Authorized Individual , , - i. /' .I' ,; Date Administrative Services & Transportation Director Title Date Title IF II" /-j /' /, . I I {/ / /./'/r....~././.-~1,. Signafure' -', -' ------..L....-.__'_______ Signature -:......... ! /L".;,." /.: .'~,~,./ /.", ," ., , ....~~~':(.~~"':"~<;.~':':.,!,: _f~.~~__:.c_, '~~::'~'~: -'. . ~..... . I. _. _ ~_ ",':1.'-" -------. - ,~~':.~.' .' ;:' ;-' --.-----.-, 'J '..'0 7 ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedu/e) Monday thru Friday, 8:00 am to 5:00 pm 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles Agency/Operator will use to transport all passengers(f/eet list- if list does not fit in this section. please attach a separate sheet - please also include number of seats and wlc capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAC 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAC 41-90 and requirements illustrated throughout contract) 8. Reporting IRequirements Quarterly Operating Reports, documenting all trips provided, Annual Review (conducted by CTC) 9. Agency/Op,erator fare structure $3.00 per one way trip, plus $1.17 per mile per one way trip. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1st Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority -- School/Day Care 3'd Priority - Other (Other includes transport for the purpose of conducting personal business. - i,'9. shopping, going to the bank...) 10. Billingllnvoicing and Reimbursement procedure for AgencylOperator Monthly invoices, due by the 15th of the month ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (dl Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips: (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (ii Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors. after receipt of said payment by the Community Transportation Coordinator, except In Instances where the Community Transportation Coordinator is a non-governmental entity. Iji Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; ......... ~Q ~'I '-,v ~ (k) Adequate seating for paratransit services shall be provided to each rider and escort. child. or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escol1, child, or personal care attendant and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (I) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly tlcansports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid sha,ll be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. ']7 ':;6 _ 1 C _ Exhibit F APPENDIX A FEDERAL FISCAL YEAR 2008 CERTIFICA TIONS A..~D ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: Monr......e C'onnt-y -8n;:ar(~ Of f"rmnry ('1nmmi c::.c::. ; nn~rc::. The Applicant agrees to comply with applicable provisions of Categories 01 - 24. X OR The Applicant agrees to comply with applicable provisions ofthe Categories it has selected: Catel!OU Descriotion 01. Assurances Required For Each Apphcant. 02. Lobbying. 03. Procurement Compliance. 04. Protections for Private Providers of Public Transportation. 05. Public Hearing. 06. Acquisition of Rolling Stock for Use in Revenue Service. 07. Acquisition of Capital Assets by Lease. 08. Bus Testing. 09. Charter Service Agreement. 10. School Transportation Agreement. II. Demand Responsive Service. 12. Alcohol Misuse and Prohibited Drug Use. J 3. Interest and Other Financing Costs. 14. Intelligent Transportation Systems. ] 5. Urbanized Area Formula Program. 16. Clean Fuels Grant Program. 17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program. 18. Nonurbanized Area Formula Program for States. 19. Job Access and Reverse Commute Program. 20. New Freedom Program. 21. Alternative Transportation in Parks and Public Lands Program. 22. Tnbal Transit Program. 23. Infrastructure Finance Projects. 24. Deposits of Federal Financial Assistance to a State Infrastructure Banks. APPENDIX A FEDERAL FISCAL YEAR 2008 FT A CERTIFICATIONS A.'1D ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or fonnula project) AffIRMATION Of APPLICANT Name of Applicant: Monroe County Board of County Commissioners Name and Relationship of Authorized Represental1ve: _._ Char les McCoy, Mayor BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and directives, and with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FT A) in Federal Fiscal Year 2008. FT A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in this document, should apply, as provided, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2008. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FT A, and acknowledges that the Program fraud CiVIl Remedies Act of 1986, 31 U.S.c. 3801 et seq., and Implementing U.S. DOT regulatIOns, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.c. toOl apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized in 49 U.S.c. chapter 53 or any other statute In signing this document, I declare under penalties ofperjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: 12/19/2007 Name Charles McCoy. Mavor Authorized Representative of Applicant AFFIRMA nON Of APPLICANT'S ATTORNEY For (Name of Applicant): Monroe County Board of County Commissioners As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or lmmment that mlght~versely affect th7ahdlt)' ,of these certlficatlolJS- and assurances, or of the performance ofthc project /' I < . ~.. { .,/ / SIgnature : ~ L I. .. / '" . ( ~ q l.!.~) Date I / { 'J, J / I "ame _ I'eciro_;r. ;\ rtorney for Applicant Mer~a'o.A~stanJ:.~()tJnt:Y ~t:torney Each Apphcant ::"or FT.\ financial assistance and each FTA Grantee Ivith an active c3pilal or formula project must provide an Affirrnatio~ of Applicant's Anorney pertaining to lhe Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's si~nature. pro~ idcd the Applicant has on file this Affirmation. signed by the attorney and dated this Federal tiscal year EXHIBIT H 5310 Year 33 (2008-2009) APPLICANT CERTIFICATION AND ASSURANCE TO FOOT Monroe County Transit (BOCC) The Monroe County Board of County Commissioners certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5310 dated December 19, 2007 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73, Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the event of loss or damage due to an accident or casualty. 6) lit will maintain project vehicles/equipment in good working order for the IJsefullife of the vehicles/equipment. 7) I't will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended" 8) It recognizes the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 10)11 will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11 )11t will submit an annual financial audit report to the Department, if required by the Department. Date:, 12/19/2007 Signature: Charles McCoy, Mayor \'lC~N ~l.' ~)Vi':;'.E~-~;I~i~~V':)';I\;~I~:.";;. .~T~~: t.. " .,-, '" .ry",} . .'. ( , . (" . ,-- " \, (, , ~. \,. -.!I. .. J" .. " . ....t'E6Ro J. M~A..m=~~:=- '.lS2,.';TANT COUN<TY ATTCFiNEY ;' '.,' -'''0';' ,- '. , . _.C ..~"._"._~_.~. _.. _ _.. '''~'_~'._,."~ ._._ . .::........._- ) Inde endent Auditors' Re ort on Internal on rol 0 er Financial Re..ortlnQ and On Comollance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Audltlno Standards To the Honomble Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of Monroe County, Florida (the "County") as of and for the year ended September 30, 2006, which collectively comprise the County's basic financial statements, and have issued our report thereon dated February 2, 2007. We did not audit the financial statements of the Monroe County Housing Finance Authority (the "Authority"), the County's discretely presented component unit. Those financial statements were audited by other auditors whos4! report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Authority, is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Contrl)1 over Financial Reporting In planning and performing our audit, we considered the County's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the intemal control componlsnts does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 1-1 Compliance' and Other Matters As part of obtaining assurance about whether the County's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed an instance of noncompliance or other matters that are required to be reported und,er Government Auditing Standards, which is described in the accompanying schedule of findings and questioned costs as item 06-01. We noted otl,er matters involving internal control over financial reporting that we have reported to management of the County in a separate management letter dated February 2, 2007. This report is intended solely for the infomation and use of management, the County Mayor, and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties, CHERRY, BEKAERT & HOLLAND, L.L.P ctr. 6M? ,f'fl2..SJ L(.~ Oriando, Florida February 2, 2007 1-2 ~\RY ~ Af I{I!\.. LAND ~- ((1(11111 )111<111 \1 , I JI '\ I \" I ~ ('IN,I I I \, I,> IndeDendent Auditors' ReDo" on ComDllance and Internal Control Over ComDllance ADDI/cable to each MaJor Federal Awards Proaram and State Financial Assistance Prolects To the Honorable Mayor and Board of County CClmmissioners of Monroe County, Florida: Compl/anee We have audited the compliance of Monroe County, Florida (the 'County') with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Govemor's State Project:s Compliance Supplement, that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2006. The County's major federal awards programs and state financial assistance projects are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal awards programs and state financial assistance projects is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards. OMS Circular A-133. and Chapter 10.550. Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether non- compliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal awards program or state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal awards programs and state financial assistance prOjects for the year ended September 30, 2006. However, the results of our auditing procedures disclosed one Instance of nonl;ompliance with those requirements that is required to be reported in accordance with applicable sections of OMS Circular A-133, which is described in the accompanying Schedule of Findings and Questioned Costs as Item 06-2. 1-3 Internal Control over Compliance The management of the County is responsible for establishing and maintaining effective intemal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal awards programs and state financial assistance projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal awards program or state financial assistance project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMS Circular A-133 and Chapter 10.550, Rulel; of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the intemal c(lntrol that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that non-compliance with applicable requirements of laws, regulations, contracts, and grants caused by error or fraud that would be material In relation to a major federal awards program or state financial assistance prOject being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of management, the County Mayor and the Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. c1r, eM? ,f~! L.t." Orlando, Florid.l March 19, 2007 1-4 THIS PAGE INTENTIONALLY LEFT BLANK Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2006 Federal/State Agency, Pass-through EI~t1ty Federal ProQram/State Proiect Department of Agriculture: Passed through State Department of Elder Affairs and Alliance for Aging: NSIP 2006 NSIP 2005 Total Federal Agency Department of Health and Human Services; Passed through State Department of Elder Affairs and Alliance for Aging: Title III B Support Services - 2005 Title IIIB Support Services - 2006 Total Program Title IIIC-1 Conwegate Meals - 2005 Tille IIIC-2 Home Delivered Meals 2005 Tille IIIC-l Congregate Meals - 2006 Title "'C-2 Home Delivered Meals 2006 Total Program Title III-E In-Home Services - 2005 rille III-E In-Home Services - 2006 Total Program Passed through Flc'rida Department of Revenue: Child Support Enforcement Title IV-D Passed through Stalte Department of Community Affairs: Low Income Home Energy Assistance Prog 2005 Low Income Home Energy Assistance Prog 2006 Total Program Total Federai ASlency Department of Housing and Urban Development; Passed through State Department of Community Affairs: Community Develclpment Block Grant Department of the ll~terlor: Direct Program: Fish and Wildlife Service: Clean Vessel Act - 2006 The accompanying notes are an integral part of this schedule. 1-5 CFOA Number Contract Grant Number EXDendltures 10.570 10.570 US651 US551 $ 33,304 849 34,153 93.044 AA529 63,679 93.044 AA629 53,061 116,740 93.045 AA529 74,835 93.045 AA529 100,706 93.045 AA629 58,128 93.045 AA629 105,835 339,504 93.052 AA529 12,684 93.052 AA629 40,972 53,656 93.563 CC344 140,313 93.568 05EA-5K-11-54-01-019 53,498 93.568 06EA-3M-11-54-01-019 82,362 135,860 786,073 14228 03DB-1A-11-54-01_H32 307,968 15.616 V-10, Segment 1 21,404 1-6 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects _ Continued For the Year Ended September 30, 2006 Federal/State Agency, Pass-through Entity Federal ProQram/State Proiect Department of Justice: Direct Program: Bureau of Justice Assistance: Bulletproof Ve5,t Partnership Program local law Enfc1rcement Block Grant Program local law Enforcement Block Grant Program Total Program Passed through Office of the Attorney General: Victims of Crim" Acts Passed through Florida Department of law Enforcement: Edward Byrne Memorial Justice Assistance Grant Program _ US Fellowship _ 2006 Edward Byrne Memorial Justice Assistance Grant Program _ Boys & Girls Club _ 2006 Edward Byrne Memorial Justice Assistance Grant Program - Care Cenler _ 2006 Edward Byrne Memorial Justice Assistance Grant Program _ MC Educ, Foundation _ 2006 Total Program Edward Byrne Memorial Formula Grant Program - Sheriff livescan Grant _ 2006 Edward Byrne Memorial Formula Grant Program - Sheriff Livescan Grant _ 2006 Total Program Residential Substance Abuse Treatment Me Jail Incarceration Program Total Federal Ailency Executive Office 01' the President: Direct Program: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity DrU!l Trafficking Areas High Intensity Drull Trafficking Areas High Intensity DruS! Trafficking Areas High Intensity ::Jru~1 Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High IntenSity Drug Trafficking Areas High Intensity Drug TraffiCking Areas The accompanying notes are an integral part of this schedule, 1-7 CFDA Number Contract Grant Number EXDendltures 16.607 $ 32,602 16.592 2003-LB-BX-OB04 4,906 16.592 2004-LB-8X-1113 25.038 29,944 16.575 V5082 305,051 16.738 2006-JAGC-MONR-l-M8_138 49,878 16.738 2006-JAGC-MONR-4-M8_136 16,975 16.738 2006-JAGC-MONR-2-M8_135 42,573 16.738 2006-JAGC-MONR-4-M8_139 29,715 139,141 16.579 06-CJ-K3-11-54-01-264 76,862 16.579 06-CJ-J3-11-54-01-289 38,431 115,293 16.593 2006-RSA T-MONR-1-7Q-003 50,000 672,031 07./3PMIP586 07.13PPRP578 07.J3PMIP5980 07./3PMIP999 07J4PMJP586 07.14PM/P598 07.14PPRP578 071 PPRP578 0712PPRP578 07.2PMIP5981 0714PMIP999Z 07. i4PMIP5980 13PMIP586 13PPRP578 13PMIP59BO 13PMIP999 14PMIP586 14PMIP598 14PPRP578 11PPRP578 12PPRP578 12PMIP5981 4PMIP999Z 14PMIP5980 432,723 109,218 450,120 129,073 519,868 596,300 173.841 78,179 155.378 6'2.1 ~4 '4884 302,229 1-8 I Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Endec! September 30,2006 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Executive OffiCE' of the President Continued: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas Total Federal '''gency Department of Transportation: Direct Program: Federal Aviation Administration: Key West AIP.3718 Key West AIP-3721 Key West AJP-3"722 Key West AIP-3723 Key West AIP-3?24 Key West AJP-3i'25 Key West AIP-37'27 Key West AJP-3728 Key West AIP-3729 Key West AIP-3730 Marathon AIP-44:20 Marathon AIP-44:!l Marathon AIP-44:!2 Marathon AIP-44n Total Federal Agency Federal Highway Administration: Passed through StatE! ~epartment of Transportation Highway Planning and Construction Transportation Planning ASSIstance ,=Iorida Keys Scenic: Highway Interpretive/Master Plan Total Federal Agency The accompanying notes are an integral part of this sChedule. 1-9 CFDA Number 07.15PMIP586 0715PMJP598 07.15PPRP578 07.15PMIP5980 07.15PMJP5981Z 07.J5PLAP600Z 07.16PMIP586 07.16PMIP598 07.16PPRP578 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.205 20.205 Contract Grant Number 15PMIP586 15PMIP598 15PPRP578 15PMIP5980 15PMIP5981Z 15PLAP600Z 16PMIP586 16PMIP598 16PPRP578 3-12-0037-1802 3-12-0037-021-2003 3-12-0037-022-2003 3-12-0037-023-2004 3-12-0037-024-2004 3-12-0037-025-2004 3-12-0037-027-2005 3-12-0037-028-2006 3-12-0037-029-2006 3-12-0037-030-2006 3-12-0044-020-2004 3-12-0044-021-2005 3-12-0044-022-2006 3-12-0044-023-2006 FAP#8888-488 SBF3-003 EXDenditures $ 4,181,905 1,457,079 3,457,043 138,430 9,080 12,000 4,814,293 844,477 2,289,301 20,777,535 (5.492) (11,526) 7,954 1,746,229 169,466 8,353 3,984,268 491,524 9,211 29,636 150,216 83,647 1,375 557,125 7,221,986 174,999 90.760 265,759 1-10 I Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects _ Continued For the Year Ended September 30, 2006 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Department of Homeland Security: Passed through State Department of Community Affairs: Public Assistance Programs Hurricane Dennis - FEMA-DR-1595-DR-FL Hurricane Katrina - FEMA-DR-1602-FL Hurricane Rit,~ - FEMA-DR-3259-EM-FL Hurricane Wilma- FEMA-DR-1609-FL Hurricane Wilma-Sheriff- FEMA-DR-1609-FL Total Program Homeland Security-EOC Security Improvements Law Enforcement Terrorism Prevention Total Program Fire Technical Fiescue Resource Emergency Man.agement Base Grant Homeland Security Florida's Domestic Security Deep Water Vessel Issue Total Program Total Federal Agency United States Treasury Department: Passed through Office of the Attorney General; Federal Asset Sharing Forfeiture Program Total Expenditures of Federal Awards The accompanying notes are an integral part of :his schedule. /-11 CFDA Number Contract Grant Number Excenditures 97.036 06-DN-@G-11-54-00-632 $ 565,560 97.036 06-KT-B&-11-54-Q1-516 429,190 97036 06-RT-&W-11-54-01-529 506,449 97.036 10,860,365 97.036 06-WL-&K-11-54-23-794 1,826,827 14,188,391 97.004 2005-CJ-L2-07-54-01-165 22,947 97.004 2006-LETP-MONR-l-N 1-027 83,985 106,932 97007 7,522 97.042 06BG-04-11-54-0 1-098 29,703 97.067 06-DS-3W-11-54-01-309 8,069 97.067 FWCC 05187 114,302 122,371 14,454,919 21.000 605,876 $ 45,147,704 1-12 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30, 2006 State AQencv Name Florida Department of Community Affairs: Bicycle & Pede'itrian Plan 2005 Emergency Management Base Grant - 2006 Total Department Florida Department of Children and Families: Community Can~ for Disabled Adults 2005 Community Cam for Disabled Adults 2006 Total Department Florida Department of Elder Affairs: Passed through The Alliance for Aging: Home Care for the Elderly - 2005 Home Care for the Elderly - 2006 Total Program Alzheimer's Dise'~se Initiative - 2005 Alzheimer's Dise'lse Initiative - 2006 Total Program Community Care for Elderly 2005 Community Care for Elderly 2006 Total Program Total Department Florida Department of Environmental Protection: Exotic Plant Control Services Smail Counties Solid Waste -2006 Total Department Florida Department of Health and Rehabilitative Services: EMS County Awanj 2006 Florida Department of Juvenile Justice: Intensive Delinquency Diversion Service . Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 1-13 65.001 KH-572 35,644 65.001 KH-672 12,736 48,380 65.004 KZ597 39,341 65.004 KZ697 17,805 57,146 65.010 KC571 313,756 65.010 KC671 115,360 429,116 534,642 PL029 70,764 37012 SC624 191,176 261,940 64.005 C5044 59,845 80.022 P6KOl 179.855 1-14 (Continued) Monroe County, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30, 2006 State AQencv Name Florida Department of State: State Aid to libraries Florida Department of Transportation: Overseas Heritage Trail Design & Construction Overseas Heritalge Trail Safety Improvements Total Program litter Control and Prevention Grant - Keep America Beautiful Systems _ 05/06 Key West Airport Key West Airport Key West Airport Key West Airpor1! Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West & Marathon Airport Marathon Airport Total Program Total Department Florida Fish & Wildlife Conservation Commission: Boating Improvement Fund Public Water Access and Marine Facilities Management Plan Total Department . !nformation provided for state financial assistance but not 'equired for federal awards. The accompanying notes are an integral part of this schedule. 1-15 CSFA Number ract Grant Number Expenditures 45.030 06-ST-38 $ 107.885 $ 55.008 AL005/FM#410504-1-54-01 180,471 55.008 AL 146/FM#41 0504-1-54-02 447,461 627,932 AOF24 228 55.004 41265919401/AL021 (380) 55.004 41286519401/AL288 31,704 55.004 41458418401/AN103 1,137,314 55.004 41459819401/ANB43 (648) 55.004 41646619401/AN111 (761) 55.004 41253519401/ANJ94 13,806 55.004 41468319401/ANL56 1.386 55.004 41646419401/ANL57 389 55.004 41646919401/ANK50 (6.595) 55.004 41265919401/ANU96 5,217 55.004 41265819401/ANU97 32,147 55.004 25426919402/AK043 127,699 55.004 41468419401/ANJ96 1,053 1,342,331 1,970,491 77 006 261,969 77006 04148 25,290 287,259 1-16 Transfer To Subrecipients* (Continued) Monroe County, Florida. Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. Continued For the Year Ended September 30, 2006 State Aaencv Name Florida Housing Finance Corp.: State Housing Initiative Program State Housing Initiative Program State Housing Initiative Program Total Department Total Expenditure,s of State Financial Assistance . Information provided for state rrnancial assistance but not reqUired for federal awards. The accompanying notes are an Integral part of this schedule. 1-17 1-18 Monroe County, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2006 Note 1 - Reporting Entity For r,eporting entity purposes, the Schedule of Federal Awards and State Financial Assistance Projects (the "Schedule") presents the Federal and State grant activity of Monroe County, Florida (the "County") primary government and its blended component units. Note :l- Summary of Significant Accounting Policies The accounting policies and presentation of the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects are presented on the modified accrual basis I)f accounting and in accordance with accounting principles generally accepted in the United States of America as applicable to governmental organizations. The informi3tion in this schedule is presented in accordance with the requirements of OMS Circular A-133, Audits of States. Local Governments, and Non-Profit Organizations and the Florida Single Audit Act. Therefore, some amounts presented in this schedule may differ from amounts presented in, or used in the preparation of the basic financial statemlents. Over the past years, the County was declared a major disaster area by the President of the United States due to damages incurred from several hurricanes. As a result the County is eligible for financial relief from the Department of Homeland Security, Federal Emergency Management Agency. Amounts included on the schedule are eligible expenditures incurred by the County through September 30, 2006 and paid primarily from tho Governmental Grants fund. These funds were reimbursed with the grant from the awarding agencies. 1-19 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 PART 1- SUMMARY OF AUDITORS' RESULTS 1. ThE' Independent Auditors' Report on the financial statements expresses unqualified opinions. 2. No I"eportable conditions relating to the audit of the financial statements are reported in the Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Mailers Based on an Audit of Financial Statements in Accordance with Government Auditing Standards. 3. One nonmaterial instance of noncompliance to the financial statements of Monroe County, Florida was disclosed during the audit. 4. No reportable conditions relating to the audit of major federal or state financial assistance projects are reported in the Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to Each Major Federal Awards Program and State Financial Assistance Projects. 5. The Independent Auditors' Report on Compliance for each Major Federal Awards Program and State Financial Assistance Projects expressed an unqualified opinion. 6. One ,audit finding relative to major federal awards programs for Monroe County, Florida is reported in this Schedule. 7. No audit findings relative to major state financial assistance projects for Monroe County, Florida are reported in this Schedule. 8. The threshold for distinguishing Type A and Type B programs/projects was $1,354,432 for major federal awards programs and $300,000 for major state financial assistance projects. 9. The County qualified as a low-risk auditee for federal Single Audit purposes, as that term is defined in OMB Circular A-133. 10. The programs/projects tested as major programs/projects included the following: Federal Programs Federal Aviation Administration Federal CFDA No. 20.106 Public Assistance Programs 97.036 1-20 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 PART I . SUMMARY OF AUDITORS' RESULTS (CONTINUED) State Projects State CSFA No. Aviation Development Grants 55.004 County Incentive Grant Program - Overseas Heritage Trail 55.008 Community Care for the Elderly 65010 PART II. FINDINGS - FINANCIAL STATEMENTS This section identifies the reportable conditions, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported in accordance with Government Auditing Standards. FINDING ()6-01: Non-compiliance with Laws and Regulations Criteria: Florida General Statutes require that actual expenditures do not exceed appropriated expenditures at the legal level of bUdgetary control. Condition: During our audit we became aware of several instances where vendor invoices had been received by various department personnel, held for a period of time by these departments, and then submitted for payment to the finance department. Effect: The delay in payment, and therefore, the grant revenue resulted in the County having to report a deficit fund balance of $7,858,602 in the Government Grants Special Revenue Fund and $459,302 in the Sheriff's Grants Special Revenue Fund. The lack of the timely submission of these invoices for payment also resulted in the expenditures exceeding appropriations in the Community Services Management cost center (Board's level of budgetary control) of the General Fund by $2,117, Growth Management Administration cost center of the Unincorporated Area Service District-Planning, Building and Zoning Special Revenue Fund by $233,858, and the Boating Improvement cost center of the Boating Improvement Special Revenue Fund by $30,912. 1-21 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 FINDINCI 06-01: (continued) Cause: There appears to be a lack of understanding by departments for the need to submit invoices timely to the Finance Department. Recommendation: We recommend that the County implement appropriate procedures to prevent this from reoccurring in the future. PART III - FINDiNGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAMS FINDING 06-02: Non-compliance with laws and Regulations Federal Aviation Administration Program Name: Airport Improvement Program CFDA#: 20.106 Criteria: The use of federal funding for construction projects requires monitoring of the Davis Bacon Act requirements for contracts exceeding $2,000. Condition: During our audit, we were not provided with construction contracts that included the required language for compliance with the Davis Bacon Act for several contractors used in airport construction projects. While the required payroll information was provided for our selected items, there was no documentation to support that the information was actually reviewed for compliance with appropriate Department of Labor wage determinations. We also noted that one of the payrolls tested did not include the certification signed by an official of the contractor. Effect: Non-compliance with the requirements of grant agreements. Questioned' Costs: N/A - We compared the wage rates per the payrolls provided against the Department of Labor's wage determinations, noting the wages paid were in compliance. Cause Lack of established procedures for documentation of compliance. 1-22 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs _ Federal Awards Programs and State Financial Assistance Projects For the Year Ended September 30, 2006 FINDING 06-02: (continued) Recommendation: We recommend that a procedure be implemented to ensure the review of Davis Bacon compliance is documented. We also recommend that contracts with subcontractors contain the appropriate language to ensure compliance with the Davis Bacon Act. PART IV - FINDINGS AND QUESTIONED COSTS - MAJOR STATE FINANCIAL ASSISTANCE PROJECTS There are no findings or questioned costs reported. 1-23 Monroe County, Florida Summary Schedule of Prior Audit Finding. and Corrective Action Plan Federal Award. Program. and State Projects For the Year Ended September 30, 2008 Prior Year Audit Findinas: There were no audit findings in the prior year independent auditors' reports that required corrective action. Corrective Action Plan: Finding: 06.1 A. Name of Contact Person: Sal Zappulla, Budget and Finance Director Tina Boan, OMB Director B. Corrective Action: Appropriate action has been taken regarding the management and control of invoices. Measures have been implemented to ensure all departments follow the current Monroe County procurement policy, which requires, that departments encumber funds from their bUdget allocations in advance for all goods and services. This process is being closely monitored for compliance which we feel will improve internal controls and prevent any future budgetary compliance issues. C. Proposed Completion: Corrective action to be taken immediately upon completion of the audit. Finding: 06.2 A. Naml! of Contact Person: Peter Horton, Airport Director B. Corrective Action: Both the Monroe County Legal Department and URS, the Airport Engineering firm, will be notified of the need for Davis Bacon Compliance language in all future construction contracts for General Contractor or Subcontractor work on airport projects. In the future. at project closeout and before the final check is drawn for retainage, proof of Davis Bacon compliance will be required from all General and Subcontractors who worked on the project. Corrective action to be taken immediately upon completion of the audit. C. ProposE!d Completion: 1-24 THIS PAGE INTENTIONALLY LEFT BLANK mJ <IRIIIIIIIIIII" """'.1\,1"'" I IJN\1 liAr-. r... Independent Auditors' Management Letter To the Honorable Mayor and Board of County Commissioners of Monroe CC1unty, Florida: We have audited the basic financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Monroe County, Florida (the "County")i as of and for the year ended September 30, 2006, and have issued our report thereon dated February 2, 2007. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Monroe County Housing Finance Authority (the 'Authority"), a discretely presented component unit of the County. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion. insofar as it relates to the amounts included for the Authority is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United Stales of America and the standards applicable to financial audits contained in Government Auditing Standards. issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and our Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to ei3ch Major Federal Awards Program and State Financial Assistance Project. Disclosures in these reports, which are dated February 2, 2007 and March 19. 2007. respectively, shOUld be considered in conjunction with this management letter. Additionally, oUlr audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1)(h)1) require that we address in the management letter, if not already addressed in trle auditors' reports on internal controls, compliance and other matters or scheduie of findings and questioned costs, whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. There were no findings in the preceding annual financial audit report. The Rules of thl3 Auditor General (Section 10.554(1)(h)2) state that a management letter shall have a statement as to whether or not the County complied with Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit of the basic financial statements of the County. the results of our tests did not indicate that the County was in noncompliance with Section 218.415 regarding the investment of public funds. The Rules of the Auditor General (Section 10.554(1)(h)3) require disciosure in the management letter of any recommendations to improve the County's management, accounting procedures, and internal controls. Reference to recommendations is provided in seoara!e management letters for each County agency. J-1 The Rules of the Auditor General (Section 10.554(1)(h)4) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. There were no such matters noted. The Ruies of the Auditor General (Section 10.554(1)(h)5) also require that the name or official title and iegal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in notes to the financial statements. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit of the financial statements of the County, the results of our tests did not indicate that the County met any of the specified conditions of a financial emergency contained in Section 218.503(1). However, our audit does not provide a lega/ determination on the County's compliance with this requirement. The Rules of the Auditor General (Section 10.554(1)(h)6.b.) state that a management letter shall include a statement as to whether or not the financial report filed with the Florida Department of Financial Serl/ices, pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the current audit period and, if not, explanations of any significant differences. It should be noted that the County's basic financial statements contain a discretely presented component unit, defined as part of the reporting enllty under accounting principles generally accepted in the United States of America, for which the County has not been deemed the local goveming authority for p.lrpose of the annual report. In connection with our audit of the County, the results of our tests indicate that the annual financial report for the year ended September 30, 2006, filed with the Department of Financial Services, is in agreement with the annual financial audit report for the current audit period. As required by the Rules of the Auditor General (Sections 10.554(1)(h)6.c. and 10.556), the scope of our audit included financial condition assessment procedures as of September 30, 2006. It Is management's responsibility to monitor the County's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The financial condition assessment procedures described above disclosed no deteriorating financial conditions. This report is intended solely for the information and use of management, the County Mayor and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. ~. (5..J2.-.:t ?J$l..t?O S) L.l..1? Orlando, Florida February 2. 200i' J-2 Monroe County Board of County Commissioners Community Services Division Monroe County Transit 1100 Simonton Street, Suite 1-188 Key West, Florida 33040 Phone 305 292-4425 Facsimile 305 292-4411 I"'--"-~ , BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, Distnct 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 O<\(~y ~2~~E (305) 294-4641 December 19, 2007 Ms. Carolyn A. Dekle South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Dear Ms. Dekle, Please find enclosed the FTA Section 5310 Year 33 (2008-2009) Capital Assistance Grant Application from Monroe County Board of County Commissioners (Monroe County Transit) for your review. Sincel'ely, - /- ~-.-JA,;,~-e--- Jefry L. Eskew Transportation Administrator CC: L. Carl F'i1er, P.E., Manager, FDOT Miami Edward Carson, Transit Program Administrator, FDOT Miami