Loading...
Resolution 143-2019 ,40" n 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 143 -2019 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ACCEPTING AND APPROVING THAT CERTAIN 12 FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") JOINT 13 PARTICIPATION AGREEMENT ("JPA") BEARING CSFA/CFDA NO. 14 20.205. 15 16 WHEREAS,the State of Florida through FDOT and the Board of County Commissioners 17 of Monroe County, Florida (the "County"), recognize the need for transportation planning 18 functions including but not limited to transportation concurrency review, traffic engineering 19 support, the County's biennial U.S. 1 Arterial Travel Time and Delay Study, the performance of 20 miscellaneous public transportation planning studies, utilization of consultants to provide for 21 transportation planning assistance required in connection with review of development 22 applications, and maintenance and updates to long-range transportation plans, the Monroe 23 Comprehensive Plan, the Monroe County Code of Ordinances, and the Monroe County Land 24 Development Code, as necessary; and 25 26 WHEREAS, due to FDOT administrative updates and contract formats, FDOT has 27 requested that it and the County enter into a new JPA that shall fund the County's transportation 28 planning functions; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 31 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 32 33 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of 34 legislative intent are true and correct and are hereby incorporated as if fully 35 stated herein; and 36 37 Section 2. That certain JPA before the Board of County Commissioners of Monroe 38 County, Florida, at its regular May 22"d, 2019,meeting, is hereby approved 39 and accepted. 40 41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 42 Florida, at a regular meeting held on the 22nd day of May , 2019. 43 Page 1 of 2 1 Mayor Sylvia J. Murphy Yes 2 F;, Mayor Pro Tern Danny L. Kolhage Yes 3 ''i. Commissioner Michelle Coldiron Yes 4 z jw:< Commissioner Heather Carruthers Absent 5 Y Commissioner David Rice Yes 8 , _ BOARD OF COUNTY COMMISSIONERS 9 A MADOK, Clerk OF MONROE COUNTY, FLORIDA 10 11 12 By By: 13 Deputy Clerk Mayo ylv J. Murphy MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER MORRIS ASSISTANT C9UNTY ATTORNEY Date: _ 37/ i/q -40 r- 4'?. t.0.. Page 2 of 2 • Contract Number:_Co-j{�,`� ._ CSFA/CFDA Number: 20.205 JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this (a day of 20 lei , between the State of Florida Department of Transportation, a con nent 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 developed and participated in the Transportation Planning Program, including analysis, data collection activities, and reviews;and WHEREAS,the COUNTY will provide Transportation Planning Consultant Support and Staff Assistance, 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 252228-1-14-08,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 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 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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 governing body or shall complete appropriate internal review process for ratification or approval prior to execution. c. The COUNTY shall advertise for bid, let, administer, supervise, implement, evaluate 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 30th, 2021. All aspects of PROJECT are subject to the provisions of Title 23 U.S.C. and 49 C.F.R., part 18, 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. The COUNTY's attorney shall certify to the DEPARTMENT that the Consultant Selection Process by the COUNTY in procuring any consultant contract for engineering, architecture or surveying services entered into by the COUNTY for purposes of performing its duties under this Agreement has been accomplished in compliance with the Consultant's Competitive Negotiation Act (Chapter 287.055, F.S.) 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. 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 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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 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. The DEPARTMENT agrees to pay the Participant for the herein described services at a compensation as detailed in Exhibit"A" in this Agreement. b. 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. c. The COUNTY shall provide 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. Quarterly reports ii. Draft and final copies of Studies and Reports completed by Consultant for efforts funded under this Agreement d. Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post audit thereof, based on quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. e. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in the above Section e has been met. f. There shall be no reimbursement for travel expenses under this Agreement. g. 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. Page 3 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 • h. 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 Division of Consumer Services at 1-877-693-5236. (Section 215.422(5) and (7), F.S.) 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 one (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 contained shall prevent the making of contracts for periods exceeding one (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. 1. The COUNTY shall: i. 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 Page 4 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-I-14-08 ii. Expressly require any contractors and 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: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6111 Miami, Florida 33172-5800 Attn: Ken Jeffries, Planning Manager Ph: (305)470-5445 E-mail: Ken.Jeffries@dot.state.fl.us To COUNTY: Monroe County Planning&Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Attn: Emily Schemper, Senior Director Ph: (305)453-8772 Page 5 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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, 2021. 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 AND PROGRESS REPORTS In order to obtain any payments,the COUNTY shall: i. Submit quarterly progress reports that: 1) describe the work performed; 2) adequately justify and support the payment requested; and 3) are in a format that is acceptable to the DEPARTMENT; and ii. Submit draft and final copies of Studies and Reports completed by the Consultant for efforts funded under this Agreement; and iii. Submit to the DEPARTMENT quarterly invoices on COUNTY forms and such other data pertaining to the PROJECT in support of the invoice total; and iv. Comply with all applicable provisions of this Agreement. The COUNTY will invoice the DEPARTMENT on a quarterly basis for completed work. The COUNTY must submit the final invoice on this PROJECT to the DEPARTMENT within one hundred twenty (120) days after the expiration of this Agreement. Invoices submitted after October 28, 2021, will not be paid. 10. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless • advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract Manager on the DEPARTMENT's invoice transmittal forms prior to payment. If the DEPARTMENT determines that the performance of the COUNTY is unsatisfactory, the DEPARTMENT shall notify the COUNTY of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The COUNTY shall, within five (5) days after notice from the DEPARTMENT, provide the Page 6 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 • DEPARTMENT with a corrective action plan describing how the COUNTY will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels,deliverable deficiencies,or contract non- compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until the COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the DEPARTMENT for the retained amount during the next billing period. If the VENDOR is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement period. 11. AUDITS State of Florida Single Audit Act requirements as outlined in the attached Exhibit "D", `Audit Reports', are incorporated herein by reference. 12. ENTIRE AGREEMENT This Department Funded 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 7 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: CO Y MAYOR D sRICT SE TARP= i q 4.0 wr !, p ATTEST: /�� \ti COUNTY CLERK._. , a � ' : (SEAL) EXECUTIVE SECRETARY-�,. LEGAL REVIEW: -64' ✓ '' y, COUNTY yATTORNEY ;------.• fro. court :RovE• YOtPO • .".411111) COUNTY ATTORNEY DISTRICT C ►f' F .OUNSEL t-� o CO O 1 .. chi Page 8 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 • EXHIBIT "A" SCOPE OF SERVICES TASK 1: TRANSPORTATION PLANNING CONSULTANT SUPPORT The purpose of this task is to provide funding assistance for the transportation planning consultant to support the Monroe County Transportation Planning program. This support will provide assistance for general transportation planning and analysis activities. The activities will include short and long range transportation planning, plan updates, planning studies, traffic operational analyses, data collection,technical support, and review of development proposals. The activities may also include bicycle and pedestrian planning and analysis, scenic highway planning, coordination,and designation activities,and other activities necessary to support the transportation planning program of Monroe County. The Monroe County staff will administer the consultant contract, issue task work orders, review consultant products and progress reports, prepare invoices for submission to the Department, and participate in transportation planning, analysis, and data collection activities as necessary. TASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE The purpose of this task is to provide funding assistance for the transportation planning staff positions to support the Monroe County Transportation Planning program. The transportation planning program will include short and long range transportation planning,plan updates,planning studies,traffic operational analyses, data collection,technical support,and review of development proposals. The activities may also include bicycle and pedestrian planning and analysis, scenic highway planning, coordination, and designation activities, and other activities necessary to support the transportation planning program of Monroe County. The transportation planning staff responsibilities will include all activities necessary to carry out the Transportation Planning program of the County,such as coordination and meeting with the Department on a quarterly basis, and managing the work activities of the consultant. The transportation planning staff will provide a variety of administrative tasks including, but not limited to the following: administer the consultant contract;participate in the consultant selection process; oversee the transportation planning consultant activities; issue task work orders; review consultant work products; review consultant progress reports, and prepare quarterly progress reports for the Department; meet with the Department's project manager quarterly; prepare invoices for submission to the Department (in a Department approved format); and generally manage the transportation planning program of the County. Page 9 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 FDOT Financial Project Number: 252228-1-14-08 County: Monroe FDOT Project Manager: Ken Jeffries, (305)470-5445 COUNTY Project Manager: Emily Schemper, (305) 453-8772 Page 10 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs and deliverables for reimbursement are below-listed: The public agency may distribute funds between Tasks 1 & 2 as needed to effectively complete the project. All transportation planning activities will be documented in the quarterly progress reports to the Department. The costs of travel and equipment are to be borne by the public agency and are not reimbursable under this Agreement. Eligible costs Total Cost Task 1 Consultant Fees $50,000.00 Unanticipated Cost for Transportation Issues $50,000.00 Task 2—Salary & Fringe Benefits Transportation Planning Manager $100,000.00 Growth Management Transportation Planner $100,000.00 Total PROJECT costs eligible for reimbursement by the DEPARTMENT: $262,500.00 The COUNTY's contribution shall be: $37,500.00 Total PROJECT Cost Estimate: $300,000.00 Page 11 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 EXHIBIT "C" RESOLUTION To be herein incorporated once approved by the COUNTY Commission. Page 12 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 1 2 3 \ vT 4 -t _ 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 143 -2019 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ACCEPTING AND APPROVING THAT CERTAIN 12 FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") JOINT 13 PARTICIPATION AGREEMENT ("JPA") BEARING CSFA/CFDA NO. 14 20.205. 15 16 WHEREAS,the State of Florida through FDOT and the Board of County Commissioners 17 of Monroe County, Florida (the "County"), recognize the need for transportation planning 18 functions including but not limited to transportation concurrency review, traffic engineering 19 support, the County's biennial U.S. 1 Arterial Travel Time and Delay Study, the performance of 20 miscellaneous public transportation planning studies, utilization of consultants to provide for 21 transportation planning assistance required in connection with review of development 22 applications, and maintenance and updates to long-range transportation plans, the Monroe 23 Comprehensive Plan, the Monroe County Code of Ordinances, and the Monroe County Land 24 Development Code, as necessary; and 25 26 WHEREAS, due to FDOT administrative updates and contract formats, FDOT has 27 requested that it and the County enter into a new JPA that shall fund the County's transportation 28 planning functions; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 31 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 32 33 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of 34 legislative intent are true and correct and are hereby incorporated as if fully 35 stated herein; and 36 37 Section 2. That certain JPA before the Board of County Commissioners of Monroe 38 County, Florida, at its regular May 22nd, 2019, meeting, is hereby approved 39 and accepted. 40 41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 42 Florida, at a regular meeting held on the 22nd day of May , 2019. 43 Page 1 of 2 . . .. . 1 Mayor Sylvia J. Murphy Yes 2 te,is r Mayor Pro Tern Danny L. Kolhage Yes 3 (1,“`-- \ ,. *4- ) Commissioner Michelle Coldiron Yes 4 •.fl , Commissioner Heather Carruthers Absent „, , 5 Y , 2. • . , Commissioner David Rice Yes - , 8 '40,. -?:'!'ef:;,0 BOARD OF COUNTY COMMISSIONERS 9 A' aW MADOK, Clerk OF MONROE COUNTY, FLORIDA 10 11 ' .." • 12 By ........04._(., By: 13 Deputy Clerk Mayo / ylv J. Murphy MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER MORRIS ASSISTANT C UNTY ATTORNEY Date: Amos tr, STATE. OF FLORIDA COV\ITY OF ;00NROE Thic L:opy ii, G Tms Copy of ti Onoinr.11 1,h II,-. In 010 Office. *itaile6:2>•' My hand -'nd Offloid Seal A?ui Mai L.-,v6iii., ii-2 i'i luli force end (=OW Z esti , =I! C.:10 cc, -11 This ZIA' day d : mi r- 2:31. rn CD rn c;i A.D., 20 KEVIN MAOOKo ©PA , ,--....... up ..._5:Iovtz Cir ati Catofi :-EF-1 -0 z:) = rcg ---i ry: KI _ ___„_____ -<'---) Fi,inR, y, clorft u:1 ,F 7, Page 2 of 2 EXHIBIT "D" AUDIT REPORTS The administration of resources awarded by the Department to the 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 the County regarding such audit. The County further agrees to comply and cooperate with any inspections, reviews, investigations,or audits deemed necessary by the Department's Office of Inspector General(OIG)and Florida's 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. However, if the recipient 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 13 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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,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 Department of Financial Services and the CFO;and Chapters 10.550(Local Governmental Entity Audits)or 10.650(Florida Single Audit Act:Audits 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 non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1 of Exhibit "D" of this Agreement,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. However if the recipient 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 non-state 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 Department,the Department of Financial Services, 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 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 14 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. 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 10th Street Jeffersonville,IN 47132 C. 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 Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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 Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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 Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 Email: FDOTSingleAuditAdot.state.fl.us Page 15 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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 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 Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 Email: FDOTSingIeAudit n,dot.state.fl.us 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 16 of 17 Joint Participation Agreement between the Florida Department of Transportation and Monroe County Financial Project Number#252228-1-14-08 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. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount Florida Department 20.205—Highway Planning and Construction $300,000.00 of Transportation Compliance Requirements 1. 2. 3. STATE RESOURCES State Agency Catalog of State Financial Assistance(Number&Title) Amount Compliance Requirements 1. 2. 3. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount Compliance Requirements 1. 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.