Item C22BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Public Works/Engineering Services
Bulk Item: Yes X No _ Department: Engineering Services
Staff Contact Person/Phone #: Tina LoSacco X4426
AGENDA ITEM WORDING: Approval by resolution of Amendment One to the Joint Participation
Agreement (JPA) with Florida Department of Transportation (FDOT) to increase the total contract
amount by $125,000 to fund operation of the Pigeon Key Ferry through June 2014.
ITEM BACKGROUND: The existing JPA provided $125,000 funding for the ferry service from July
2012 through June 2013. FDOT has agreed to provide an additional $125,000.00 funding for the
Pigeon Key Ferry Service for the annual term beginning July 1, 2013. The remaining $106,250.00 of
the annual cost of 231,250.00 will be provided by local funds.
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. BOCC approved a JPA in May 2012 to provide $125,000 funding for
the term ending June 2013.
CONTRACT/AGREEMENT CHANGES: Increase total contract amount by $125,000; extend term
of JPA to June 2014.
STAFF RECOMMENDATIONS: Approval of Amendment One as stated above,
TOTAL COST: $125,000 INDIRECT COST: n/a BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
COST TO COUNTY: $0 SOURCE OF FUNDS: FDOT Grant
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Pur, ' asing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDOT
Contract Purpose/Description-
Joint Participation Agreement (JF
funding for the Pigeon eon Key Ferry Se
Contract Manager: Tina LoSacco
(Name)
for BOCC meeting on 04-17-2013
Contract #
Effective Date:
Expiration Date:
with FDOT for FDOT to
:e for the annual term be
44?F
tkAt.)
07/01/2013
6/30/2014
$125,000 of
n July 1, 20
veering/#1
(Department/Stop #)
Deadline: 04/02/2013
CONTRACT COSTS
Total Dollar Value of Contract: $ $125,000 Current Year Portion: $
Budgeted? Yes❑ No 0 Account Codes: z5 - ?.. -7--7 - !2u
Grant: $ $125,000
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities,
CONTRACT REVIEW
Changes
Date In Nee ,d R vMiepr,
Division Director �� � 5 Yes[] No
Risk Management e_; I Yes NoEr
O.M.B./Purchasing 3 Yes❑ No ]
County Attorney *4 o2D/3 Yes❑ NV
Comments:.
V1vjD rvrrn iceviseu z/z /iu t ivit-r fF1.
salaries, etc.
Date Out
y `{
AMENDMENT ONE TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment One to that certain Joint Participation Agreement AQ080, executed on June 28, 2012 (the
"Contract"), incorporated herein by reference, between Monroe County, a political subdivision of the State of Florida
("COUNTY") and the State of Florida Department of Transportation, a component agency of the State of Florida
("DEPARTMENT"), to provide temporary ferry services for the waterborne transport of passengers and goods,
programmed under Financial Project Number 414545-1-58-02 ("PROJECT"), is entered into this day of
20_.
RECITALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of
the COUNTY Commission by Resolution No. 141-2012, adopted on May 16, 2012, in the total amount of One Hundred
Twenty Five Thousand Dollars ($125,000.00) for the PROJECT costs; and
WHEREAS, it is necessary to increase the total Contract amount by One Hundred Twenty Five Thousand Dollars
($125,000.00) to provide additional dollars needed to fund one (1) more year of the PROJECT as identified in the
attached Exhibit `B1', 'Amended Financial Summary, which is herein incorporated by reference; and
WHEREAS, the COUNTY Commission has adopted Resolution No. on
20— to increase in the total Contract amount from $125,000.00 to $250,000.00;
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated June 28, 2012, is hereby amended as follows:
Financial Provisions shall be increased by an amount not to exceed One Hundred Twenty Five Thousand
Dollars ($125,000.00). The contract total shall not exceed Two Hundred Fifty Dollars ($250,000.00).
Exhibit "B" shall be supplemented by the increased amount of One Hundred Twenty Five Thousand
Dollars ($125,000.00) in the attached Exhibit 'B1'.
All other terms and conditions of the Contract are in effect and remain unchanged.
MONROE COUNTY:
By:
COUNTY Manager
ATTEST:
(SEAL)
By:
COUNTY Clerk
LEGAL REVIEW
By:
COUNTY Attorney
cc: D. Fernandez; File
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
By:
District Secretary
ATTEST:
(SEAL)
By:
Executive Secretary
LEGAL REVIEW:
BY:
District Chief Counsel
MONROE COUNTY ATTORNEY
PROVED AS TO
NATILLtNE W. CASSEL
ASSISTANT COUNTY -ATT, RNEY
'�-
EXHIBIT `B1'
AMENDED FINANCIAL SUMMARY
Ferry Service:
Approximate Annual Fee for Ferry Service
$231,250.00
(Based on $633.56/day x 365 Days)
1st Year July 1 2012 — June 30 2013:
DEPARTMENT's Contribution (FY 2011/2012)
$125,000.00
Local Funds
$106,250.00
2"d Year July 1 2013 — June 302014:
DEPARTMENT's Contribution (FY 2012/2013)
$125,000.00
Local Funds
$106,250.00
DEPARTMENT's Responsibility: _ $250,000.00
RESOLUTION NO. -2013
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENT ONE
TO THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF
MARATHON, FLORIDA AND PIGEON KEY.
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 agreed in 2012 to contribute, along with the COUNTY,
towards providing one (1) more year of temporary ferry services for the waterborne
passengers and goods, hereinafter referred to as the `PROJECT'; and
WHEREAS, the DEPARTMENT programmed funding for the PROJECT under
Financial Project Number 414545-1-58-02, and agreed to reimburse the COUNTY for
eligible PROJECT costs, up to a maximum limiting amount of $125,000; and
WHEREAS, the COUNTY agreed to administer, supervise and inspect all
aspects of PROJECT; and
WHEREAS, the parties recognize that an additional year of funding for the
temporary ferry service is required to provide uninterrupted service to Pigeon Key; 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. Amendment one to the Joint Participation Agreement Between the state of
Florida Department of Transportation and Monroe County, Florida, which provides
additional funding of $125,000 from FDOT for the annual period commencing on July 1,
2013 is hereby approved.
2. Upon execution, this Resolution will be made a part of amendment one to 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 17'hday of April, A.D., 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
E.
Deputy Clerk
Mayor/Chairperson
MONROE COUNT' ATTORNEY
AA RAVED AS TO F)OR/Ny:')
NATf EENE W. CASSEL
SSISTANT COUNTY ATTORNEY
Date �' �r-
Contract Number:
CSFA Number: 5, 0
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
THIS AGREEMENT is made and entered into this day of ,
20� tween the State of Florida Department of Transportation, a co_ onent 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 has agreed to contribute, along with the COUNTY, towards providing 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 administer, supervise and inspect all aspects of
PROJECT; and
Page 1 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 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 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 15
Joint Participation Agreement between the Florida .Department of Transportation and Monroe County
Financial Project Number # 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):
i. 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 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
i. COUNTY providing goods and services to the DEPARTMENT should be
aware of the following time frames. Upon receipt, the DEPARTMENT has
five (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(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.
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 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.
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 15
Joint Participation Agreement between dre Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
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."
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 15
Joint Participation Agreement between the Florida Departme i of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
To DEPARTMENT: Florida Department of Transportation
1000 Northwest I 1 I Avenue, Room 6202A
Miami, Florida 33172-5800
Attn: Michelle Meaux, JPA Coordinator
Ph: 305-470-5112; 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 15
Joint Participation 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.
1611JI&OI-W01111U1 Ira
BY: ITA�'
COUNT ; AYOR
DaV i a ��% cp-_
ATTES C./a, D•L•
(SEAL)' . 'C-_COUNTY CLERK
�r n�'KokinQse.
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
DISTRICT SECRETARY
i
ATTEST:
(SEAL) EXECUTIW SECRETARY
LEGAL REVIEW:
U TY AXf TOR- EY DISTRICT CHIEF COU_ EL
Page 7 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545 1-58-02
EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary ferry services for another year between the City of Marathon and Pigeon
Key while the Old Seven Mile Bridge is closed to vehicle traffic until the Department enter in
partnership with other state, federal, local agencies and nonprofit groups to repair the Bridge to
restore safe access and to preserve the Bridge and Pigeon Key as historic, recreational, and
cultural resource. The COUNTY shall ensure the passenger transportation will be provided
between the "Train" dock at Knight's Key and Pigeon Key dock at the Island. The ferry services
shall be done each day and each trip shall require captains to analyze the wind, currents, and seas
and take the safest, most efficient route. Passengers shall be required to sign a liability release
form prior to departure of the vessel from the dock.
PROJECT Limits: S.R. 5/Old Seven. -Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Project Number: 414545-1-58-02
County: Monroe
FDOT Project Manager: Dennis Fernandez, Telephone: 305-470-5182
COUNTY Project Manager: Judith Clarke, P.E., Telephone: 1-305-295-4329
Page 8 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below -listed, for
414545-1-58-02:
Ferry Service:
Approximate Annual Fee for Ferry Service $231,250.00
(Based on $633.56/day x 365 Days)
DEPARTMENT's Contribution (FY 2011/2012) $125,000.00
Local Funds $106,250.00
DEPARTMENT's Responsibility: $125,000.00
Page 9 of 15
Joint Participation Agreement between the Florida Department of Transportation 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 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number 9 414545-1-58-02
J
o
C_
r._
".
f_L
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING THE JOINT
PARTICIPATION AGREEMENT BETWEEN
FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF
MARATHON, FLORIDA AND PIGEON KEY.
EXHIBIT C
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 has agreed to contribute, along with the COUNTY,
towards providing 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 administer, supervise and inspect all
aspects of PROJECT; 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:
1. The Joint Participation Agreement Between the state of Florida Department of
Transportation and Monroe County, Florida is hereby approved.
2. Upon execution, this Resolution will be marked Exhibit C and made a part of
the Joint Participation Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 161h day of May, A.D., 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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-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 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.
Ilf11TM lK
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 I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3.If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding federal agency.
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Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 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 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 12 of 15
Joint Participation Agreement between the Florida Department of Transportation 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 I Vh 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 CIearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
B. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, 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 Ith Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
In addition, pursuant to Section .320 (1), 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 I I Vh Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
3. Copies of financial reporting packages required by PART lI of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111`h 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 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project 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 11 Vh Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for
a period of at least five years from the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure
that the independent audit working papers are made available to the Department, or its designee, the state
CFO, or Auditor General upon request for a period of at least five years from the date the audit report is
issued, unless extended in writing by the Department.
Page 14 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
EXHIBIT - 1
STATE RESOURCES
State Agency
Florida Department
of Transportation
Compliance Requirements
Catalog of State Financial Assistance (Number & Title) Amount
55.023, State Highway Project Reimbursement $125,000.00
1. 55.023, State Highway Project Reimbursement
2. Agreement Specifications
Pea• is 0-T 1 s