Item C12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Tate: JanuajX 19, 2012 Division: Public Works/En ' neerin&
7'es X No Departn ent:—Enineen Services
Staff Contact Person/Phone #: Judy Clarke X43 9
AGENDA ITEM WORDING: Approval of Amendment One to the Joint Participation Agreement
(JPA) with Florida Department of Transportation (FDOT) to extend the term of the JPA until January
319 2013. The JPA provides $1,159,433 funding to design and construct repairs to Tom's Harbor
Channel Bridge # 04600 from Duck Ivey Drive to US 1.
ITEM BACKGROUND: FDOT agreed to provide funding for bridge repairs through its Small
County Outreach Program, (SCOP). The JP. expires ,tune 30, 2012. The construction on the bridge is
scheduled to continue through December 2012, which requires extension of the Agreement until
January 2013.
PREVIOUS RELEVANT BIT ACTION: BOCC approved resolution 41- 009 making bridge
repair a County priority at the August 2009 meeting. BOCC approved the JPA with FDOT at the April
2010 E D C meeting.
CONTRACT/AGREEMENT CHANGES: Extend JPA to expire on January 31, 2013 to allow for
completion of repairs.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: 0 INDIRECT COST: n/a BUDGETED: Yes No
DIFFERENTIAL of LOCAL PREFERENCE: not al2plicable
COST TO COUNTY: 0
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
Devised 7.09
SOURCE OF FUNDS.
11 OUNT PER MONTH Year
Ol BI: Purc sing risk Management
Not Required
AGENDA ITEM # _
1 NROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contractwith: FDOT Contract # APX68
Effective Date: May 21, 2010
Expiration Date., January 31, 2013
Contract Purpose/Description.,
Amendment One to the Joint Participation agreement with Florida Department of
Transportation to extend the term of the eernent until Januar 31 013.
The JPA provides a $1,159,433 grant to fund design and construction of repairs to the
Toms Harbor Channel Bridge from TES I to Duck Key...
Contract Manager: Judy Clarke .432.9 %_ En ineerin #I
(Name) (Ext.) (Department/Stop #)
for B o C meeting on 1/19/2012 Agenda Deadline: 1/ / 01
CONTRACT COSTS
Total Dollar Value of Contract: �570,780 Current Year Portion: 1,317,558
Budgeted` YYes® No ❑ Accouni Codes: I z 5 -22-54 - 10 C>,?-
Grant; 11 1 59#4 _
County Match: 411,347
ADDITIONAL COSTS
Estimated Ongoing Costs: / r For:
(Not included in dollar value above) (eg. maintenance, utilities, ,janitorial, salaries, etc.)
Date In
Division Director
Risk Managnt
.M.E./Purc asin
County Attorney I{
Comments:
OMB Form Revised 2127/01 MCP #2
CONTRACT REVIEW
IEW
Changes
Needc4 Revi er
e• ❑ No r -e��
Yes[:] NpEr/
Yes ❑ No[a r
Yes E] No d - o�
Date Out
A %4:1'
(Q
Florida Department o, f Transportation
RICK SCOTT 1000 NW 111 Avenue ANANTH PRAsAn, P.E.
GOVERNOR Mlamit FL 33172 SECRETARY
AMENDMENT TO JOINT PARTICIPATION AGREEMENT
Extension to Contract Term
Amendment No. 1
Project Description: Improvements to Torn} s Harbor Channel Bridge ## 04 00 from Duck K Dr. to -1
Participant: Monroe County
Contract l u.: AP 68 Project No.: 4 8550-1-5 -01
Contract Execution Date: May 21, 2010 Current Contract Term: June 30, 2012
��www.w.w.rw-wwwwww.w w...�.ww�
Amendment Date: = day of a 0 .—
The term of the original agreement, referenced above, is hereby amended as follows:
Section 8 of the Agreement is amended to extend the contract term to Januar-y 31, 2013.
Section 9 of the Agreement is amended to extend final 'invoice submittal to May 31, 01 .
Except as hereby modified, amended, or changed, all of the terms and conditions of said original
agreement and any amendments thereto will remain in full force and effect.
MONROE OUNTY
Name of Participant
EY*
Authorized Signature
(Print 1 Type)
Title:
cc: Pablo Orozco; Financial Services; File
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Authorized Signature
Debora Rivera,, P.E.
(Print / Type)
Title: District Director of Transportation Operations
16-1P0E C 0 U N T Y ATT xI-i N, - .ti
APPROVED AS TO FORM:
IISTINE
M f _T OPage I of 1 �
ASSISTANT OUNTY ATTOPMEY
te 1,�2 ('7 q I f 1
_ -
Contract Number: Lk ES
FA: 55.009.
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
S/(
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 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 Torn ' s Harbor Channel
Bridge # 04600 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and construct
the improvements to Tom's Harbor Channel Bridge #904600 from Duck Ivey Drive to U -1,
hereinafter referred to as the 'PROJECT', the individual elements of which are outlined in the
attached Exhibit "A}}, 'Scope of Services', which is heroin incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 4 8 o-1T -o1, and has agreed to reimburse the COUNTY for
eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit
4.
"B". 'FinancialSummary', 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
3 Fo8 (e) and 339.12, Flon'da 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 15
Joint Participation Agreement between the Florida Department of Transportawn and Monroe County
Financial Project Number # 4 550-1-58-01
� CS
1. INCORPORATION PORATION F 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
will 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 "", `Monroe County resolution', and is herein
incorporated by reference.
c. The COUNTY shall obtain all necessary permits from the DEPARTMENT,
and other concerned agencies, as needed, prior to commencing PROJECT
construction.
d. The COUNTY shall advertise for bid, let the consultant and construction
contracts, administer, supervise and inspect all aspects of PROJECT
construction until completion, and, as finiher defined in Exhibit '"A", 'Scope
of Services'. The COUNTY shall complete the PROJECT on or before June
301 2012. All aspects of PROJECT construction and administration are subject
to DEPARTMENT standards and specifications and must be in compliance
with all governing laws and ordinances.
e. 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 of
disapprove COUNTY employment of same.
f. 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.
g. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs as defined in Exhibit "B". `Financial Sunman', and in accordance with
q.
the financial provi'sions 'in Section 3 of this Agreement.
h. The COUNTY shall comply with all federal, state, and local laws and
ordinances applicable with work or payment of work thereof, and will not
Page 2 of 15
Joint Participation Agreement between the Florida Di; artment of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
discriminate on the grounds of race, color, religion, sex, national, origin, age
or disability in the performance of work under this Agreement.
t FINANCIAL PROVISIONS
a. The eligible PROJECT costs may not exceed O E MILLION FIVE
HUNDRED SEVENTY THOUSAND SEVEN HUNDRED EIGHTY
DOLLARS ($1,570,780.00), as outlined in Exhibit "B", 'Financial Summary".
The DEPARTMENT shall be responsible for ONE MILLION ONE
HUNDRED F1FTY NINE THOUSAND FOUR HUNDRED THIRTY
THREE DOLLARS ($1,159,433-00). The COUNTY shall be responsible for
FOUR HUNDRED ELEVEN THOUSAND THREE HUNDRED FORTY
EVEN DOLLARS 411, 47.00). 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 Fay 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 34.044(), F*., or by the Department of Financial Services
under Section 1 f42 (14), ES,
d. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
e. Travel costs will not be reimbursed.
f. 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 ) gears after final
payment is nude. 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 casts.
g* 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 33 .1 5 ( (a), F.S.,
are hereby incorporated:
"`The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or eater into any contract which, by its terms, involves the
Page 3 of 15
.point Participation Agreer enj between the Florida De rtment of Transportation and Monroe County
Financial Project Number ## 428550-1 58-01
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 contained shall prevent the making of contracts for periods
exceeding I 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."
h. 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 3 17 -5800
Attn: Michelle Meaux, ,IPA Coordinator
Ph-* 305-470-511 ; Fax: 30-470-5704
Page 4 of 15
Joint Participation Agreement between the Florida DdTartment off ` Transportation and Monroe County
Financial Project Number # 428550-1-58-01
To COUNTY* Monroe County
1100 Simonton Street
Ivey west, Florida 33040
Attn.- Judith S. Clarke, P.E., Director of
Engineering Services
Ph: 305-295-4329; Fax: 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.
S. EXPIRATION OF AGREEMENT
The COUNTY agrees to complete the PROJECT on or before June 30, 2012. ff
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 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 in proper detail the nature and
propriety of the charges. The COUNTY must submit the final invoice on this
PROJECT to the DEPARTMENT within 10 days after the expiration of this
Agreement. Invoices submitted after October 28, 2012, will not be paid.
10. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
'"l)", `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 ELAND --
Page 5 of 15
Joint Par1ic t;on Agreement between the Florida Department of Transportation and Monrae County
Financial Project Number## 428550-I -58-01
a
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
ATTEST.
(SEAL) COUNTY CLERK
OFF
TATE OF FLORIDA, DEPARTMENT
IENT
�F TRA T P TA 0N:
Y*
DiSTI&Cf SECRETARY
ATTEST'
(SEAL) EXECUTIVE SedRETARY
LEGAL REVIEW:
cl
DISTRICT CHIEF COUNSEL
Page 6 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
EXHIBIT "All
SCOPE OF SERVICES
Tom's Harbor Channel Bridge is located at mile marker 61 and connects the islands of Duck Key
Drive to IDS-1. It was constructed in 1967 and is 248 feet long. The February 25, 2009 bridge
inspection report indicates that the bridge is structurally deficient and assigns it a sufficiency
rating of 4 .0
The work will consist ofengineering esi gn, permitting and construction of repairs to the bridge
deck, beams, columns, bent caps, pile jackets and other bridge elements. The work will include
demolishing and replacing portions of the deck, repairing concrete spall ing, and rebaring
corrosion. 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.
PROJECT Limits: Tom's Harbor Channel Bridge #904600 from luck Key Drive to US-1
FDOT Financial Project Number* 428550-1-58-01
County: Monroe
FDOT Project Manager: Kenneth Jeffries, 305-470- 736
Frank Guyamier, 305-470-5431
COUNTY Project Manager: Judith S. Clark, P.E., 3 05 - 5 -43 2
Page 7of15
Joint Participa ion Agreement between the Florida Departrnem of Transportation and Monroe County
Financial Project Number 9 428550-1-58-01
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECF costs for reimbursement, programmed under the following project
numbers, for PROJECT completion:
Fiscal Year:
428550-1-38-01
00 / 010
428550-1-5 -01
2009/2010
2Q0912010
201.012011
4 50-1- 68-01
2010/2011
Amount: Fund Tjpe:
$158J25.00 Local Funds (LF)
(COUNTY)
$953,578,00 Small County Outreach
Program (SLOP)
$205,855,00 General Revenue for SCOP
(GRSQ
$101)422.00 Local Funds (LF)
(COUNTY)
$1513800.00
Total PROJECT Cost Estimate;$1,570,780.00
Local Funds {LF}
(COUNTY)
Page 8of 15
,point Participation Agreement between the Florida Department of Transportation and Monroe County
Finaac' iaI Project Number # 428550-1-58-01
EXHIBIT 4419
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Conunission.
Page 9 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number# 4285 0-1-58-01
RESOLUTION NO. 110 a -2010 EXHIBIT
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF M NR E COUNTY,
FL IHDA4 APPROVING JOINT
PARTICIPATION AGREEMENT BETWEEN
FLORIDA DEPARTMENT OF
TRANSPORTATION AND M NR E COUNTY,
FLORIDA FOR FUNDING TO DESIGN AND
CONSTRUCT IMPROVEMENTS TO TOM
HARBOR CHANNEL BRIDGE #904600 FROM
DUCK KEY DRIVE TO US I,
WHEREAS, the COUNTY has jurisdiction over and maintains Tom" s Harbor
Channel Bridge #4 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the OUNTY desi and
l
construct the improvements to Tone's Harbor Channel Bridge ## 04 00 From Duck Key
Drive to US-], hereinafter referred to as the 'PROJECT', the 'Individual elements of
which are outlined in the attached Exhibit "A"!,` cop � of e�-vices ' which is herein
incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT
under Financial Project Number 4 8 50-1- 8-01, and has agreed to reimburse the
COUNTY for eligible PROJECT costs up to a maximum limiting amount as outlined in
the attached Exhibit 'I;B''1} 'Financial Summary', which is herein incorporated b
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 enteringinto 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 #08(e) and 339.12, Florida Statutes (F.S.)*,
NOW? THEREFO E, 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 ; Upon execution, this Resolution shall be marked as "Exhibit C" and trade 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 21s" day of April.} A.D., 2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Mario DiGennaro Yes
(SEAL) BOAS OF COUNTY COMMISSIONERS
Attest.,, DANNY L. KOLHA E, Clerk OF MONROE COUNTY, FLORIDA
By.
Deputf Clerk Nfayor/ClVairperson
w
EDAST .
+i A, UT -ON
a S t
Sri
ftrrl
1 e�
y ,
�.�
i
_
L
,SPA Res of Approval
Proj , 428550-1-58-01 2
o c�
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:
w .fSsaas teJ1auS .
MONITORING
1
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-1 3, 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 evert 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 MON OE 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 Ai 13 , 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-13 ? 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-1,
as revised, will meet the requirements of this part.
.In connection with the audit requirements addressed in Fart I, paragraph 1., the recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A.-13, as revised.
Page 10 of 15
Joint Participation Agreement between the Florida parrment of Transportation and Monroe Count}
Financial Project Number # 4 550-1-58-01
y
3.1f 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 $ 00, 0 in Federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular -13, as revised, the cost of the audit must be paid from non -Federal resources
i.e., the cost of such an audit must be paid from recipient resources obtained from other
than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, and name of the awarding federal
agency.
PART II; STATE FUNDED
DED
Recipients of state funds (i.e. a nonstate entity as defined by Section 15 t97(2)(1), Florida
Statutes) are to have audits done annually using the following criteria:
1.1n 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 m 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 m 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. Mate financial assistance
does not include Federal direct or pass -through awards and resources received by a
nonstate entity for Federal program matching requirements.
.1n connection with the audit requirements addressed in Part II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section 15. 7(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
1 ,97( )(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General.
,If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an
audit conducted 1n 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 roust be paid from the
nonstate entity's resources (Le., the cost of such an audit must be paid from the recipient's
resources obtained from other than Mate entities).
Page 11 of 15
Joint Participation Agreement between tie Flom Department of Transportation and Monroe County
Financial Project Number # 428550-1 58-01
❑r
4ttate awards are to be identified using the Catalog of State Financial Assistance FA)
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 tale 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 F OT, 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 IV: REPORT SUBMISSION
I,Copies of reporting packages for audits conducted in accordance with
133, as revised, and required by PART I of this agreement shall be
required by Section .320 d , OMB Circular A-13 , as revised, by o
A. The Department at each of the following addresses;
Florida Department of Transportation
1000 Northwest 111 th Avenue, Room 6 0 -E
Miami, Florida 33172
Attention.- Michelle Doren Meaux, IPA Coordinator
r
The Federal Audit Clearinghouse designated in OMB Circular A-13 , as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-13 ,
as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville, IN 47132
B. Other Federal agencies and pass -through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-1 3, as revised.
Page 12 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Dumber # 428550-1 58-01
J
.1n 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 directiv to each of the following:
Florida Department of Transportation
1000 Northwest 11Vh Avenue, Room 6 0 -B
Miami, Florida 33172
Attention: Michelle Loren Meaux, .IPA 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-1 3,
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 11fh Avenue, Room 6 o -B
Miami, Florida 33172
Attention.- Michelle Loren beaux, ,IPA Coordinator
. 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 1111h Avenue, Room 0 -B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
B. The Auditor General's Office at the following address:
AuditorGeneral's Office
Room 40 1, Pepper Building
111 west Madison Street
Tallahassee, Florida 2399-14 0
4. opies of reports or the management letter required by PAIN 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
Page 13 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Neer # 428550-1- 8-01
1000 Northwest 1111h Avenue, Room 0 -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 -13 ? Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable,
ht ecipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10. 50 (local governmental entities)
or 10, 50 (nonprofit and for -profit organizations), Rules of the Auditor General, should
I. 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 15
Joint Participation Agreement between the Florin Department of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
EXHIBIT — 1
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be
listed below. If the resources awarded to the recipient represent more than one Federal or State
program, provide the same information for each program and the total resources awarded.
Compliance Requirements applicable to each Federal or State program should also be listed below. If
the resources awarded to the recipient represent more than one program, list applicable compliance
requirements for each program in the same manner as shown here:
* e.g., what services or purposes the resources must be used for)
* (e.g., Eligibility requirements for recipients of the resources)
* (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical,
may want to attach a copy of the specific law, rule, or regulation referred to.
STATE RESOURCES
State Aizency Catalog of state Financial Assistance (Number & Amount
Department of 55.009, Small County Outreach Program $953,578.00
Transportation
Compliance Reguirements
1. 55.009, Small County Outreach program. (Attached)
. Agreement Specifications
NOTE: Section .400(l) of OMB Circular A-1 3, as revised, and Section 1 .97(5) (a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit I he provided to the recipient.