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07/20/2011 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 5, 2011 TO: Judy Clarke, Engineering Public Works Division ATTN: Tina Losacco FROM: Isabel C. DeSantis, D.C. At the July 20, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C15 - Approval by Resolution No. 215 -2011 of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to provide $4,641,000 funding to design and construct repairs to No Name Key Bridge #904320. Enclosed are four duplicate originals of the above - mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the Clerk's Original as well as Finance's Copy as soon as possible. Should you have any questions, please do not hesitate to contact our office cc: County Attorney Finance File' Contract Number: A Q1, 34 CSFA Number: 55.009 JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into thisday of 20_1L, between the State of Florida Department of Transportation, a compon t agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and Monroe County, a political subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the `COUNTY'. RECITALS: WHEREAS, the COUNTY has jurisdiction over and maintains the No Name Key Bridge #904320 in the County; and WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and construct the improvements to the No Name Key Bridge #904320 that connects Big Pine Key and No Name Key, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit "A ", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Numbers 430121- 1- 38 -01, 430121- 1- 58 -01, and 430121- 1- 68 -01, and has agreed to reimburse the COUNTY for eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit `B ", `Financial Summary', which is herein incorporated by reference; and WHEREAS, the COUNTY has agreed to supervise and inspect all aspects of PROJECT design, construction, and administration; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Page 1 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Numbers # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. The COUNTY shall be responsible for assuring that the PROJECT complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. b. The COUNTY shall submit this Agreement to its COUNTY Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C ", `Monroe County Resolution', and is herein incorporated by reference. c. The COUNTY: i. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the Agreement; and ii. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. d. The COUNTY shall obtain all necessary permits from the DEPARTMENT, and other concerned agencies, as needed, prior to commencing PROJECT construction on DEPARTMENT right -of -way. e. The COUNTY shall advertise for bid, let the consultant and construction contracts, administer, supervise and inspect all aspects of PROJECT design and construction until completion, and, as further defined in Exhibit "A ", `Scope of Services'. The COUNTY shall complete the PROJECT on or before June 30, 2016. All aspects of PROJECT design, construction, and administration are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. f. The COUNTY shall submit a copy of the plans to the Department for review during the sixty percent (60 %) and ninety percent (90 %) design phases. The DEPARTMENT shall have a minimum of two (2) weeks for review per phase. g. The COUNTY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including consulting or Page 2 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121-1-38-01, 430121- 1 -58 -01 & 430121- 1 -68 -01 construction contracts or amendments thereto, with any third party with respect to the PROJECT without the prior written approval of the DEPARTMENT. The DEPARTMENT specifically reserves the right to review qualifications of any consultant or contractor and to approve or disapprove COUNTY employment of same. h. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. i. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT costs as defined in Exhibit `B ", `Financial Summary', and in accordance with the financial provisions in Section 3 of this Agreement. j. The COUNTY shall comply with all federal, state, and local laws and ordinances applicable with work or payment of work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed FOUR MILLION SIX HUNDRED FOURTY ONE THOUSAND DOLLARS ($4,641,000.00), as outlined in Exhibit `B ", `Financial Summary'. The DEPARTMENT shall be responsible for THREE MILLION FOUR HUNDRED EIGHTY THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($3,480,750.00). The COUNTY shall be responsible for ONE MILLION ONE HUNDRED SIXTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($1,160,250.00). If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the COUNTY authorizing the additional funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. d. The COUNTY shall provide the following quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables consists of: i. Design plans and specifications for construction Page 3 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 ii. Construction of improvements e. Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre -audit and post audit thereof, based on quantifiable, measureable and verifiable units of deliverables as established in Section d above and Exhibit "B ". Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. f. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified the above Section d has been met. g. Travel costs will not be reimbursed. h. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices that have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. i. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. j. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein Page 4 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430111- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year." k. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 5. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the COUNTY expressed in writing, executed and delivered by each party. 6. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 7. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand- delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202A Miami, Florida 33172 -5800 Attn: Michelle Meaux, JPA Coordinator Ph: (305) 470 -5112 To COUNTY: Monroe County 1100 Simonton Street Key West, Florida 33040 Attn: Judith S. Clarke, P.E. Ph: 305- 295 -4329 Page 5 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1 -38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. 8. EXPIRATION OF AGREEMENT The COUNTY agrees to complete the PROJECT on or before June 30, 2016. If the COUNTY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the COUNTY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered termination of the PROJECT. 9. INVOICING The COUNTY will invoice the DEPARTMENT on a monthly basis for completed work. All cost charged to the PROJECT, including any approved services contributed by the COUNTY or others, shall be supported by properly executed payroll, time records, invoices, contracts or vouchers evidencing proper detail the nature and propriety of the charges. The COUNTY must submit the final invoice on this PROJECT to the DEPARTMENT within 120 days after the expiration of this Agreement. Invoices submitted after October 28, 2016, will not be paid. 10. AUDITS State of Florida Single Audit Act requirements as outlined in the attached Exhibit "D ", `Audit Reports', are incorporated herein by reference. 11. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -- Page 6 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121-1-38-01, 430121- 1 -58 -01 &430121- 1 -68 -01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: BY: .YOR a"&do. wwn�t� e OUNTY CLERK e C V D r TO FORM: LEGAL REVIEW: CHRISTly fit.1X-.6F- RT- BARR0'V!S ASSISTANT Date CkL ( .� COUNTY ATTORNEY DISTRICT CHIEF CO EL STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: B DISTRICT SE ARY i ATTEST: (SEAL) EXECUT SECRETARY Page 7 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 NJ -3 -ir O OC) CD Page 7 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 EXHIBIT "A" SCOPE OF SERVICES No Name Key Bridge connects Big Pine Key and No Name Key (approximately mile marker 30) and spans Bogie Channel. It was constructed in 1967 and is 2,232 feet long. The October 2009 bridge inspection report indicates that the bridge is structurally deficient and assigns it a sufficiency rating of 36.2. The PROJECT will consist of engineering design, permitting and construction of repairs to the bridge deck, beams, columns, bearings, bent caps and pile jackets, and other bridge elements. The PROJECT will include repairing concrete spalling, and rebar corrosion on the deck and sidewalks. The remaining bridge elements will be repaired by cleaning rebar (or replacing where needed) and repairing concrete spall and cracks, cleaning and repairing (or replacing) bearings and expansion joints. Metal guardrails and the bridge railing will be upgraded to meet current DEPARTMENT design standards. The PROJECT will also include construction engineering and inspection services. PROJECT Limits: No Name Key Bridge #904320 (Connects Big Pine Key & No Name Key) FDOT Financial Project Numbers: 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 County: Monroe FDOT Project Manager: Pablo Orozco, E.I., 305- 470 -5370 COUNTY Project Manager: Judith S. Clarke, P.E. 305- 295 -4329 PLANS AND SPECIFICATIONS The COUNTY agrees to construct the PROJECT in accordance with the signed and sealed plans and specifications, to be attached hereto and incorporated herein by reference once completed by the COUNTY and approved by the DEPARTMENT. Plans prepared by: The COUNTY Dated: Plans approved by: The DEPARTMENT Date: Page 8 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121-1-38-01, 430121- 1 -58 -01 & 430121- 1 -68 -01 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs for reimbursement, programmed under the following project numbers, are below - listed: Fiscal Year: Amount: Fund Type: 430121- 1- 38 -01: 2011/2012 $232,017.00 Small County Outreach Program (SCOP) 2011/2012 $109,233.00 General Revenue for SCOP (GRSC) 2011/2012 $113,750.00 Local Funds (LF) (COUNTY) 430121- 1- 58 -01: 2013/2014 $764,091.00 Small County Outreach Program (SLOP) 2013/2014 $1,174,417.00 General Revenue for SCOP (GRSC) 2013/2014 $910,000.00 Local Funds (LF) (COUNTY) 2014/2015 $109,883.00 Small County Outreach Program (SCOP) 2014/2015 $681,609.00 General Revenue for SCOP (GRSC) Page 9 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 430121- 1- 68 -01: 2013/2014 $273,000.00 General Revenue for SCOP (GRSC) 2013/2014 $136,500.00 Local Funds (LF) (COUNTY) 2014/2015 $136,500.00 General Revenue for SCOP (GRSC) Total PROJECT Cost Estimate: $4,641,000.00 Page 10 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 EXHIBIT "C" MONROE COUNTY RESOLUTION To be herein incorporated once approved by the COUNTY Board of Commissioners. Page 11 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 43012 1- 1- 3 8 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 RESOLUTION NO. 215 -2011 EXHIBIT C A RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING JOINT PARTICIPATION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, FLORIDA FOR FUNDING TO DESIGN AND CONSTRUCT IMPROVEMENTS TO NO NAME KEY BRIDGE #904320. WHEREAS, the COUNTY has jurisdiction over and maintains No Name Key Bridge #904320 in the County; and WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and construct the improvements to No Name Key Bridge #904320, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit "A ", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Numbers 430121- 1 -38 -01 and 430121- 1- 58 -01, and has agreed to reimburse the COUNTY for eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B ", `Financial Summary', which is herein incorporated by reference; and WHEREAS, the COUNTY has agreed to supervise and inspect all aspects of PROJECT construction and administration; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: SECTION 1: The Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County, Florida is hereby approved. SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit C" and made a part of the Joint Participation Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 20` day of July, A.D., 2011. Mayor Heather Carruthers Mayor Pro Tern David Rice Commissioner Kim Wigington mmissioner George Neugent CkWissioner Sylvia Murphy Yes Yes Yes Yes Yes L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE 4CU]4�4TY, FLORIDA By Ma dCh ' rson R K� . t _.. , a) Cn Cr N u LLJ 2 Q G OD Cz O lW .cC l ;_. N '` EXHIBIT "D" AUDIT REPORTS The administration of resources awarded by the Department to CITY /COUNTY be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fssa.state.fl.us MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to MONROE COUNTY regarding such audit. MONROE COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Page 12 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART N: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: Page 13 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1 -38 -01, 430121- 1 -58 -01 & 430121- 1 -68 -01 A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111"' Avenue, Room 6202 -B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 B. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202 -B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202 -B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202 -B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 Page 14 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430121- 1- 38 -01, 430121- 1 -58 -01 & 430111- 1 -68 -01 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202 -B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Page 15 of 16 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 430111- 1- 38 -01, 430111- 1 -58 -01 & 430111- 1 -68 -01 EXHIBIT - 1 STATE RESOURCES State Agency Florida Department of Transportation Catalog of State Financial Assistance Amount 55.009, Small County Outreach Program $4,641,000.00 Compliance Requirements 1. 55.009 Small County Outreach Program (Attached) 2. Agreement Specifications Florida Single Audit Act - Catalog Detail I SEARCHMROME THE CATALOG I The Department funds 75 percent of the cost of the projects. The counties' participation (25 percent) may be In the form of matching local funds (i.e., in -kind services). Procedures: PraApp WAftn N/A Application Counties will be contacted by the appropriate district office and Procedures: asked to submit candidate projects. Additional Information may CSFA State Fiscal Year 2010 -2011 Award Prxedures: The districts review the submitted projects, observe the proposed CSFA Number: 55.009 State Project Title: SMALL COUNTY OUTREACH PROGRAM wide prioritization. Agency: Department of Transportation Program: 55150000 - Transportation Systems Operations Information may be obta!ned from the INFORMATION CONTACT Budget Entity- 55150200 - Highway Operations Otirer: 8pscfiic GAA 2028 $23,451,468 Department of Transportation Appropriation: Pavement Management Office Appropriation 085576 Tallahassee, FL 32399 -0450 Category: Phone: (850)414 -4375 SUNCOM: 994 -4375 Related CFDA Code: Authorbatlon: Section 339.2818, Florida Statutes Objectives: To assist small county governments In repairing or rehabilitating county bridges, paving unpaved roads, addressing road - related drainage Improvements, resurfacing or, nstructing county roads or in constructing capacity or safety Improvements to county roads. Funds allocated to this program are In addition to any funds provided pursuant to Section 339.2816, Florida Statutes, for the Small County Road Assistance Program (CSFA 55.016). Types Of Assistance: Cooperative Agreements AppBeantType: Local Governments Restrictions-. Eligible counties must have a population of 150,000 or less as determined by the most recent official estimate pursuant to Section 186.901, Florida Statutes. The Department funds 75 percent of the cost of the projects. The counties' participation (25 percent) may be In the form of matching local funds (i.e., in -kind services). Procedures: PraApp WAftn N/A Application Counties will be contacted by the appropriate district office and Procedures: asked to submit candidate projects. Additional Information may be obtained from the INFORMATION CONTACT listed below. Award Prxedures: The districts review the submitted projects, observe the proposed area, assess the work that needs to be done, and develop preliminary estimates. All projects are then evaluated for district wide prioritization. Deadlines: County requests must be submitted by the deadline stated in the candidate project solicitation letter, typically May 1. Additional Information may be obta!ned from the INFORMATION CONTACT listed below. Otirer: N/A Information Department of Transportation Canes: Pavement Management Office 605 Suwannee Street, Mail Station 32 Tallahassee, FL 32399 -0450 Phone: (850)414 -4375 SUNCOM: 994 -4375 Web Add was: Associated Infrastructure Subjects: Road Maintenance and Construction Pagel of 2 https: // apps. fldfs. com/ fsaa/ searchCatalogRcsultsDetail .aspx ?id =38461 5/27/2011