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Item L1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2012 Division: Public Works/En ineerin Bulk Item: Yes _ No X,, Department: Engineering Services Staff Contact Person/Phone #: Judv Clarke X4329 AGENDA ITEM WORDING: Discussion to clarify details of proposed funding scheme for Pigeon Key Ferry and to provide an update on the participation of other agencies; direction on proceeding with negotiating reduced scope of services with the ferry contractor to reduce the annual cost by $18,750. The reduced scope and contract cost represents the Pigeon Key Foundation's 7.5% cost contribution. ITEM BACKGROUND: The Pigeon Key Foundation requested that multiple agencies partner to fund the ferry service. The BOCC's approval of $87,500 or 35% of the cost at the January 2012 meeting was contingent upon other agencies agreeing to fund their respective portions. The Pigeon Key Foundation's intent is to identify reductions in the scope of service for that ferry contract that will generate a 7.5% or $18,750 cost reduction; FDOT has agreed to provide $125,000 of the total cost, the City of Marathon agreed to contribute $18,750 or 7.5% of the total annual cost, whichever is less. Back up for these commitments is attached. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the JPA with FDOT to provide $750,000 funding for the Temporary Ferry Service to Pigeon Key in June 2007. The BOCC approved an amendment to the JPA to increase FDOT funding to $1,000,000 in March 2010; the BOCC approved an amendment to the JPA to extend the term until June 30, 2012 and to increase FDOT funding to $1,250,000 in March 2011. BOCC approved $87,500 to assist in funding one year of the Pigeon Key Ferry Service contingent upon participation of FDOT, City of Marathon and the Pigeon Key Foundation in January 2012. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval to negotiate service/cost reductions with ferry service contractor and to prepare funding agreements with FDOT and the City of Marathon. TOTAL COST: $87,500 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: NIA BUDGETED: Yes No X COST TO COUNTY: $87,500 SOURCE OF FUNDS: General Fund REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing — Risk Management DOCUMENTATION: Included ..--,X „ Not Required DISPOSITION: AGENDA ITEM # Revised 7109 PIGEON KEY FOUNDATION MEETING MINUTES Pigeon Key Foundation February 27, 2012 Marathon Community Theater Present: Ben Daniels, Carolyn Anthony, Riett Steinmetz, Don Hiller, Mike Puto, Denise DeCrow, and Jason Koler. Absent: Jim Rhyne, George Steinmetz, Frank Guyamier, Kathy Wiljanen, Bettye Chaplin, and Marjie Meares. The meeting began with a solar update from Foundation Chairman Jason Koler. After meeting with the Monroe County Planning Department the permitting process is now fully engaged. Engineering has begun and SALT Services hopes to break ground within 30 days. As a sign of good faith to BB&T bank for the unsecured loan to complete the solar project, the Foundation agreed to begin moving accounts, including merchant services, over to BB&T. We will maintain accounts at both First State Bank and Centennial Bank though they will be smaller accounts. The Pigeon Key Board of Directors then agreed to reduce the ferry service budget by 7.5% to the tune of $18,750. Monroe County has already agreed to fund 35% and the City of Marathon signed a letter of I to fund another 7.5% and once the Florida Department of Transportation officially acknowledges their verbal commitment the ferry service will be continued for another 12 months beginning July 1, 2012 and ending June 30, 2013. Motion by Puto to reduce ferry service operation by 7.5%. Second by Don Hiller. Other Foundation business included shirts, the Art Fest wrap-up and miscellaneous island issues concluded the meeting. CITY OF MARATHON APPROVAL LETTER CITY OF MARATHON. FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 743-0033 Fax: (305) 743-3667 www.ci.marathonAus March 5, 2012 Mr. Jason Koler, President Pigeon Key Foundation P.O. Box 500130 Marathon, FL. 33050 RE: Pigeon Key Ferry Service Funding Dear M oler, At a meeting held on Tuesday, February 28, 2012, the City of Marathon Council voted unanimously to approve the Request by Pigeon Key Foundation for the City of Marathon's portion of funding for the daily ferry service between Pigeon Key and Marathon on a reimbursement basis at 7.5 percent or $18,750; whichever is less for routine ferry services excluding special events commencing July 1, 2012 for a period not to exceed 1 year. Sin T. Hernstadt City Manager FLORIDA DEPARTMENT OF TRANSPORTATION DRAFT JOINT PARTICIPATION AGREEMENT Contract Number: CSFA Number: JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this day of , 20 , between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and Monroe County, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the `COUNTY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.) 5/Old Seven -Mile Bridge (hereinafter `BRIDGE') from the City of Marathon to Pigeon Key in the COUNTY; and WHEREAS, the DEPARTMENT has deemed the BRIDGE structurally unsafe for vehicular traffic and has closed it, and access to Pigeon Key is restricted to water -based methods of transportation; and WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non- profit organization devoted to marine education and historic interpretation of the Florida Keys' heritage; and WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key to permit Pigeon Key Foundation to continue its educational and historic functions, the DEPARTMENT and the COUNTY have to provide one (1) more year of temporary ferry services for the waterborne passengers and goods, 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 Number 414545-1-58-02, 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 let, administer, supervise and inspect all aspects of PROJECT; and Page 1 of 1 Joint Participation Agreement between the Florida Department of Transportation and Monroe Coienty Financial hvject Number 4 414545-1-58-02 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: 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 shall advertise for bid, let the contract, administer, supervise and inspect all aspects of PROJECT until completion, and, as further defined in Exhibit "A", `Scope of Services'. The COUNTY shall complete the PROJECT on or before June 30, 2014. All aspects of PROJECT are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. d. The COUNTY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including consulting or 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. e. 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. Page 2 of 2 Joint Participation Agreement between the Florida Department of Transportation and Monroe Conlnry Financial Pivjecl Atumber # 414545-1-58-02 f. 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. g. 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 ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00), as outlined in Exhibit "B", `Financial Summary'. b. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. c. The COUNTY shall furnish the services with which to complete the PROJECT. Said PROJECT consists of services as detailed in Exhibit "A" of this Agreement. d. 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. e. 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 (list deliverables): Pigeon Key Ferry Service f. 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 a above and Exhibit "A". Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. g. 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 a has been met. h. Travel costs will not be reimbursed. Page 3 of 3 Joint Parlicipation Agreement between Me Florida Department of Transportation and Monroe Countv Financial Project Number # 414545-1-58-02 COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has Eve (5) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. j. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(l), 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. k. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for the COUNTY who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the Department of Financial Services Hotline 1- 877-693-5236. 1. 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 Eve (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. m. 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 4 Joint Parlicipalion Agreement between the Florida Department of Transportation and Mourne County Financial Project Number # 414545-1-58-02 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." n. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. o. Vendors/Contractors: 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 Vendor/Contractor during the term of the contract; 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. 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: Page 5 of 5 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202A Miami, Florida 33172-5800 Attn: Michelle Meaux, JPA Coordinator Ph: 305470-5112; Fax: 305-640-7556 To COUNTY: Monroe County 1100 Simonton Street Key West, Florida 33040 Attn: Judith S. Clarke, P.E., Director of Engineering Services Ph: 1-305-295-4329; Fax: 1-305-295-4321 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 June 30, 2014. 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. 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, 2014, 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. Page 6 of 6 Joint Parlicipalion Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: BY: ATTEST: (SEAL) COUNTY MAYOR STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: DISTRICT SECRETARY ATTEST: COUNTY CLERK (SEAL) EXECUTIVE SECRETARY COUNTY ATTORNEY LEGAL REVIEW: DISTRICT CHIEF COUNSEL Page 7 of 7 Joint Participation Agreement beliveen the Flalada Department of Transportau®n and Monroe C®Lln(v Financial Project Number # 414545-1-58-111 EXHIBIT 6(A')) SCOPE OF SERVICES Key.while the Old Seven MileBridge is closed to vehicle traffic until the Devartment enter in partnership with other state, federal, local agencies and nonprofitgroup s to repair the Bridge to restore safe access and to preserve, the Bridgq�=and Pi, eon Key as historic, recreational, and cultural resource. The COUNTY will let, administer sul2et-vise and insQect all aseects of the County0onroe MIM XMIRMT.Mmi W Wjilkq - "War. "W"WrIND I WIM202 MAME =k" fq;� - , M 1. ... M. MUMOMMS M N.9 Page 8 of 8 Joint Participation Agreement between the Florida Deparlinent of Transportation and Monroe County Financial Project Number # 414545-1-58412 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs and deliverables for reimbursement are below -listed: Total PROJECT Cost Estimate: $125,000.00 Page 9 of 9 Joint Participation Agreement between the Florida Department of Ti ansporiallon and Monroe County Financial Project Number # 414545- 1 ­58-02 EXHIBIT "C" MONROE COUNTY RESOLUTION To be herein incorporated once approved by the Board of COUNTY Commission. Page 10 of 10 Joint Participation Agreement between the Floolda Deparlinent of Transportation and Monroe Countv Financial Project Number # 414545-1-58-02 EXHIBIT "D" AUDIT REPORTS The administration of resources awarded by the Department to 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-] 33 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 proceduresVprocesses 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 COUNTY regarding such audit. 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 I 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 1, 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-] 33, 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 11 of 11 Joint Participation Agreement between the Florida Department of Transportation and Monroe Cotenry Financial Project Number 4 414545-1-58-02 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 rV: 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-] 33, as revised, by or on behalf of the recipient directly to each of the following: Page 12 of 12 Joint Participation Agreement between the Florida Department of Ti anspor fation and Monroe County Financial Project Number # 414545-1-58-02 A. The Department at each of the following addresses: Florida Department of Transportation 1000 Northwest i l Ph 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 120I 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 I I I" 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 11 I'' Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator 3. Copies of financial reporting packages required by PART IL 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 1 I Ith 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 I I I West Madison Street Tallahassee, Florida 32399-1450 Page 13 of 13 Joint Parlicipalion Agreement between Me Florida Department of Transportation and Monroe Countv Financial Projecl Number # 414545-1-58-02 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 I I I m Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, IPA 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 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and 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 14 of 14 Joint Participation Agreernent benyeen Me Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-01 EXHIBIT - 1 STATE RESOURCES State Agencv Catalog of State Financial Assistance (Number & Title) Amount Compliance Requirements 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.