Item C13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12, 2012 Division: Public Works/En ineerin
Bulk Item: Yes X No Department: Engineering Services
Staff Contact Person/Phone #: _Jularke X4329
AGENDA ITEM WORDING: Approval of Amendment 3 to the Joint Participation Agreement
(JPA) with Florida Department of Transportation (FDOT) for the Tom's Harbor Channel Bridge
Project to extend the term of the JPA to expire on November 30, 2013.
ITEM BACKGROUND: The term of the JPA ends on January 31, 2013; due to changes in the
construction schedule the term of the JPA needs to be extended.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved Joint Participation Agreement (JPA)
with FDOT to provide funding for design and construction of repairs to Tom' s Harbor Channel Bridge
at the April 2010 meeting. At the January 2011 meeting the BOCC approved a task order with ADA
Engineering, Inc. under the On Call Professional Engineering Services contract for engineering design
and permitting services for the Tom' s Harbor Channel Bridge Repair project. BOCC approved
advertising for construction bids at the October 2011 meeting. BOCC approved rejecting bids received
on January 11, 2012 and re -advertising for construction bids at the January 2012 BOCC meeting.
BOCC approved a construction contract with American Bridge Company at the March 2012 meeting.
CONTRACT/AGREEMENT CHANGES: Extend expiration date of the JPA from January 31, 2013
to November 30, 2013.
STAFF RECONIlVIENDATIONS: Approval as requested above.
TOTAL COSTs.—O INDIRECT COST: BUDGETED. Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0 SOURCE OF FUNDS: FDOT JPA and Fund 102
REVENUE PRODUCING: Yes No MOUNT PER MONTH Year
APPROVED BY: County At OMB/?u asing Risk Management
y
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD of COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contractwith: FDOT Contract #
APX68
Effective Date:
May 21, 2010
Expiration Date:
Nov 30, 2013
Contract Purpose/Description:
Amendment three to the Joint Participation agreement with Florida Department of
Trans ortation extends the term of the JPA until November 30
2013.
The extension is needed due to lengthened construction period.
Contract Manager: Judy Clarke 4329
Engineering/#1
(Name) (Ext.)
(Department/Stop #)
for BOCC meeting on 12/12/2012 Agenda Deadline: 11/27/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 29139,925 Current Year Portion: $
Budgeted? Yes No ❑ Account Codes: - - -
Grant: $ 1,604,943 - - - -
County Match: $ 534,982 - - - -
Estimated ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
lyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date out
Date in Need
Division Director 45.41Q 1J- 1v Yes[:]No
Re ' r'"'r
G v.
y
II ��
Risk Management
A No
Yes
1111
y=y
O.M.B./Pu Yasing-
�
Yes ❑ No
County Attorney
Yes No FV1LAJ
' "
j
I Comments:
OMB Form Revised 2/27/01 MCP 42
Florida Department of Transportation
RICK C TT 1000 lW 1 1 1 Avenue AI AI TH PRASAD, P.E.
GOVERNOR Miami, FL 33172 SECRETARY
AMENDMENT TO JOINT PARTICIPATION AGREEMENT
.tension to ContrIlet Terra
Amendment No. 3
Project Description: Improver-tentsImproven-tents to Tom s�Harbor C.a a l Bridge #906 from Duck Key Dr. to US-1
Participant: Monroe Co��r�t
Contract No.: APX 8 Project No.: 42 -1- -01
Contract Execution Date: May 21, 2010 Current Contract Term: January 31 � 2013
Amendment Date: day of , 20 ---
The terrn of the original agreement., refereed above, is hereby amended as follows:
Section 8 of the Agreement is anie ded to extend the con.tTact t o to November , 2013.
Section 9 of the Agreement is amended to extend final invoice subi-nitt l to March 30, 2014.
Except as hereby modified, amended, or charged, all of the terms and conditions of said original
agreement and any amendments thereto will remain in full force and effect.
MONROE COUNTY
Name of Participant
M
Authorized Signature
(Print /Type)
Title:
Pablo oro o; Financial Services; File
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY -
Authorized Signature
Debora Rivera, P.E.
(Print /Type)
Title: District Director of Transportation Operations
www. . dot. state. 11. us
Page 1 of 1
MONROE 0U TY AT-F EY
.,APPRqVE.D AS TO FORM:
ASSISTANT COUNTY ATTORNEY
Date I v
AMEhuMENT TWO TO JOINT PARTICIPATION'AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment Two to that certain Joint Participation Agreement #fAP 68, executed on May 21 t 2010 the
"Contract"), incorporated herein by reference, between Monroe County, a political subdivision of the State of F lorwdc
("COUNTY'), and the Mate of Florida Department of Transportation, a component agency of the Mate of Florida
("DEPARTMENT"), for the improvements to Tom's Harbor Channel Bridge ##904600 from Duck Key Drive to US-13
programmed under 41ancial Pr Mct Numbers 4 8550-1-38-01, 428550-1-58-01 and 428550-1-68-01 ("PROJECT"), s
entered into this . :-�-dav of k 50r
RECITALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of
the COUNTY Board of Commissioners by Resolution No. 11 Oa-2010, adopted on April 21, 2010, in the total amount of
One Million Five Hundred Seventy Thousand Seven Hundred Eighty Dollars ( 1,570,780.00) for PROJECT costs; and
WHEREAS, it is necessary to amend the Contract to increase the total from One Million Five Hundred Seventy
Thousand Seven Hundred Eighty Dollars (1,570,780.03) to Two Million One Hundred Thirty fine Thousand Nine
Hundred Twenty Five Dollars ( 2,139,9 .o0), which the DEPARTMENT shall be responsible for One Million Sic Hundred
Four Thousand Nine Hundred Forty Three Dollars ($1,604,943,00) and the COUNTY shall be responsible for Five
Hundred Thirty Four Thousand fine Hundred Eight Two Dollars (534, 8 .00), as detailed in the attached Exhibit '16',
"Amended Financial Summary'; and
WHEREAS, the General Requirements, Section 2, of the Contract shall be modified to include the following
language:
`r. The COUNTY shall:
i. Utilize the U.B. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the vendor/Contractor during the terra of the contract; and
ii. 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-Verily system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract term.
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated May 21, 2010, is hereby amended as follows. -
Section 2 is modified to include the Department of Homeland Secudys E-Verify system requirement
language.
Financial Provisions shall be increased from One Million Five Hundred Seventy Thousand Seven
Hundred Eighty Dollars ( 1, b70,780.o0) to Two Million One Hundred Thirty Nine Thousand Nine Hundred
Twenty Five Dollars ($2,139,925.00), contract total not to be exceeded.
Exhibit 13" shall be superseded by the attached amended Exhibit "B", 'Amended Financial Summar .
Amendment Two to Joint Participation Agreement between Florida Department of Transportation Monroe County,
Project #s 42-1-38-01, 428550-1-58-01 and 428550-1-68-e1
Page 1 of 3
1f
0"")
All other terms and conahluns
f the Contract are in affect and remain un6hanged.
MONROE COUNTY:
i
L�IIT Mayor
"VTY L. K 0 L H A Gi
F 'a
� N�- , Cle rk
y T;
A - ISE,
BY'f r
OUN Clerk
L
i LEGAL REVIEW
0O'N' �Y , Akt rn y
41 -rak
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
E�-0
t�
.- g ; )@P ZW40s-
District Director of Tra�sllortation Opertations
ATTEST:
(SEAS)
By: l
Executive Secretary
LEGAL REVIEW:
By:
District Chief Counsel
Amendment Two to Joint Participation Agreement between Frodda Department of Transportation Monroe County,
Project #8 428550-1 38-01, 425550-1-58.01 and 42 50-1-5$-01
Page 2 of 3
EXHIBIT "B"
AMENDED FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement, programmed under the following project
numbers, are be low-1 fisted
fiscal Year
4850-1 -8-0 1
009/ 010
4 8550-1-58-01
0091 010
009/ 010
010/ 011
011/201
0 11 /0 1
4 8550-1-68-01
010/ 011
Total PROJECT Cost Estimate:
Amount: Fund T e:
$158,125.00 Local Funds (LF)
(COUNTY)
$953578,00 Small County Outreach
Program (SLOP)
$205,855,00 General Revenue for SCOP
(GRSC)
$101,422.00 LF (COUNTY)
$4459510,00 SLOP
$123,636.00 LF (COUNTY
$151.,800.00
$21399925.00
LF (COUNTY)
Amendment Two to Joint Participation Agreement between Florida Depar#ment of Transportation Monroe County,
Project #s 428 0-1-38-01, 428550-1- 8-01 and 428550-1-58-01
Page 3 of 3
FZ'#�L#}'A4y t�I�A�l- r�•�nyi
AM
low
Florida Department of Transportation
RICK 3COTT 1000 NW 111 Avenue ANANTH PEtASe1D, P.E.
GOVF.RiYOR Mlami, FL 33172 SECRETARY
ANENDAMNT TO JOINT PARTICIPAiTION AGREEMENT
Extension to Contract 'Term
Amendment No.1
Project Description* 1mRrovements to Torn's Harbor Channel Grid&e # 04600 from Duck Key Dr. to U 1
Participant: Monroe County
Contract No.: AP 68 Project No.: 4 855 +1-58-01
Contract Execution t 0 Current Contract Term., June 30, 2012
Amendment Date: eday of - ? 2�
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 Janutary 31, 2013.
Section 9 of the Agreement is amended to extend final invoice submittal to May 31, 2013.
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.
MON ROE COUNTY
Name of participant
BY:
ut prized Signature
)C)t, \J " � a \ C_ Q,
(Print /Type)
Title: MQ q0 ct,CL I r 0-OA0, r)
(SEAL) 0
ATTEST: DANNY L. KOLHAGE, CLERK
1: Paty
�t"Fi�nancjal Services; File o// 9
41 Y/
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
EY
Authorizeb Signature
Debora Rivera, F.E.
(Print / Type)
Title: District Director of Transportation Operations
www.docstate.fl.us
Page I of I
APPR ? VFD AS TO FO
Sj; ;-ANT G 0 U N rY X!' T 0P'Y.
Contract Number.I.
FA+ 55.009
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
,e
THIS AGREEMENT is made and entered into this day of A4
0 between the State of Florida Department of Transportation, a agency component a of the
p � �
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 Toni ' s Harbor Channel
Bridge #904 00 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and construct
the improvements to Tom's Harbor Channel Bridge ##904 00 from Duck Key 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 herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 4 550-1- -01, and has agreed to reimburse the COUNTY for
eligible PROJECT costs up to a ma inmu.m limiting amount, as outlined in the attached Exhibit
` 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
REAS, 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
.08(e) and 339.12, Florida Statutes (F.S.);
NOW9 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
Jobil Participation Agreement been the Florida Department of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
1. INCORPORATION OF RECITALS
ITAL
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 Focal 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
I
ncorporated 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 further defined in Exhibit "A'% `Scope
of Services', The COUNTY shall complete the PROJECT on or before June
30, 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 ordmnances.
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*
fThis 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
ran to the DEPARTMENT and its successors.
g. 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.
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
Join(Participation Agreement between the Florida Department of Transparta(lon andMonroe County
Financial Project Number ## 4 550-1-58-01
discriminate on the grounds of race, color, religion, sex, national, origin, age
or disability in the performance of work under this Agreement.
3. FINANCIAL PROVISIONS
a. The eligible PROJECT costs may not exceed ONE MILLIONFIVE
HUNDRED SEVENTY THOUSAND SEVEN HUNDRED E IC HT
DOLLAR ($1,570,780.00), as outlined in Exhibit "B"". 'Financial Summary'.
The DEPARTMENT shall be responsible for ONE MILLION ONE
HUNDRED FIFTH' NINE THOUSAND FOUR HUNDRED THIRTY
THREE DOLLARS ($1,159,433.00). The COUNTY shall be responsible for
FOUR HUNDRED ELEVEN THOUSAND THREE HUNDRED FORTY
EVENT DOLLARS 411,347.00). If additional funding is required,
contingent upon DEPARTMENT approval, a supplemental agreement
between the DEPARTMENT and the COUNTY authorizing the additional
funding shall be executed prior to such costs being incurred.
b. The DEPARTMENT agrees to pay the COUNTY for the herein described
services at a compensation as detailed in this Agreement.
c. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under section 334.I4(), F.S., or by the Department of Financial services
under Section 1 .4 (14), F.S.
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 (5) years after final
payment is made. Copies of these documents and records shall be r shed
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.
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 .135( (a), E.S.,
are hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
I.
any liability, or eater into any contract which, by its terms, involves the
Page 3 of 15
.Taint Participation Agreement ber"en the Florida Department of Transportation and Monroe county
Financial Project Number # 428550-1-58-01
0
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 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 ODDS 5,000.00) 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.
. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the COUNTY expressed in writing, executed and delivered by each party.
. INVALIDIT
If any part of this Agreement shall be detennxned 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 T.Q.S.
ma*1, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
To DEPARTMENT: Florida Department of Transportation
loon Northwest 111 Avenue, Room 6202A
Miami, Florida 3317 - 00
Attn: MI*chelle beaux, JPA Coordinator
Ph: 30-470- 11 ; Fax; 30-470- 704
Page 4 of 15
.Taint Participation Agreement between the FloridaDepanment of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
To OUNTY: Monroe County
1100 Simonton Street
Key west, Florida 33040
Attn.- Judith S. Clarke, P.E., Director of
Engineering Services
Ph: 05 - 9 -4 ; Fax: 305 - 9 -43 1
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall he
deemed given when placed in the mail.
8. EXPIRATION OF AGREEMENT
The COUNTY agrees to complete the PROJECT on or before June 30, 2012. 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 DEPAI T IENT's District Six Secretary
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT,
. 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 120 days after the expiration of this
Agreement. Invoices submitted after October 28, 2012, will not be paid.
10. AUDIT
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D". 'Audit Deports', are incorporated herein by reference.
11. ENTIRE AGREEMENT
This ,feint 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 IINTENTIONALL LEFT BLANK --
Page 5 of 15
Joint Partic�mtion Agreement betwerr the Flares rtment of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
IN WITNESS WHEREOF, F, the parties hereto have executed this Agreement, on the day
and year above written.
ATTEST:
(SEAL)
COUNTY CLERK
TA'TE OF FLORIDA, DEPARTMENT
T
IF TRANS "TA INN;
Y:
DISTkICT SECRETARY
ATTEST:
(SEAL) EXECr[JTIVE SeURETARY
LEGAL REVIEW:
i
� Ike
DISTRICT CHIEF COUNSEL
Page 6 of 15
Joint Participation Agreement between the Florida Department ent of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
EXHIBIT "A"
.YK�77��]39�I:aY[N �T.9
Torn's Harbor Channel 13ridge is located at mile marker 61 and connects the islands of Duck Key
Drive to U -1. 1t 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 46.0.
The work will consist of ` engineering design, peri11tt1ng and construction of repairs to the bridge
deck, hums, columns, bent caps, pile jackets and other bridge elements. The work will include
demolishing and replacing portions of the deck, repairing concrete spalling, 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 # 904 00 from Duck Key Drive to LDS-1
FD T Financial Project Number: 4 8 5 0-1-5 8-01
County: Monroe
FIS T Project Manager: Kenneth Jeffries, 305-470-6736
Frank Guyamier, 305-470-5431
COUNTY Project Tanager: Judith .- Clark, F.E., 305-295-4329
Page 7 of 15
Joint Participation .4greement between the Florida Department of Transportation and Monroe oe County
Financial Project Number # 428550-1-58-01
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement, programmed under the following project
numbers, for PROJECTcompletion:
Fiscal Year:
4 8550-1-3 -01
9/ 010
428550-1-58-01
2009/2010
Zoa9/2o10
2010/2011
428550-1-68-01
2aio/2oi1
Amount} Fund Tripe
$15811125.00 Local Funds (LF)
(COUNTY)
$953,578,00 Small County Outreach
Program (SCOP)
$205,855,00 General Revenue for SCOP
(GRSC)
$1013422.00 Local Funs (LF)
(COUNTY)
15 1 8.00
Total PROJECT Cult Estimate:$1,570,780.00
Local Funds (LF)
(COUNTY)
Page 8 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 428550-1 58-01
EXHIBIT "C"
MONROE COUNTY RESOLUTION
To he herein incorporated once approved by the COUNTY Commission.
Page 9 of 15
.Taint Participation Agreement between the Florida Department of Transportation andMonroe County
Financial Project Number # 428550-1-58-01
RESOLUTION NO.... 110 - 010 EXHIBIT C
A RESOLUTION OF THE BOARD of COUNTY
COMMISSIONERS OF MDNROE COUNTY,,
FLORIIIA4 APPROVING JOINT
PARTICIPATION AG REEMENT BETWEEN
FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUN 9
FLORIDA FOR FUNDING TO DESIGN AND
CONSTRUCT IMPROVEMENTS TO TOM
HARBOR CHANNEL BRIDGE # 04600 FROM
DUCK KEY DRIVE TO US 1.
WHEREAS, the COUNTY has ,jurisdiction over and maintains Tom's Harbor
Channel Bridge #904600 in the County; and
WHEREAS} the DEPARTMENT has agreed to have the COUNTY design and
construct the improvements to Tam#s Harbor Channel Bridge #904 00 from Duck Key
Drive to TES-1, 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 4 0-I-58-0I, and has agreed to reimburse the
COUNTY for eligible PROJECT costs up to a maximum limiting amount as outlined in
the attached Exhibit E�}. =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 entering into an
. g
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 .o8(e) and 33912, Flon'da Statutes (F.S.);
No ,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION 1; The Joint participation Agreement between the State of Florida Department
of Transportation and Monroe County, Florida is hereby approved.
SECTION 2: Upon execution, this Resolution shall be marked as "Exhibit C" and made a
part of the Joint Participation Agreement.
ff
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County:
Florida at a regular meeting of said board on the 21 sT day of April, A.D., 2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner Kim Wigington
Yes-
Comnfissioner George Neugent
onm'ssioner Mario DiGennaro JLCEL
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. I OLHA E, Clerk OF MONR E COUNTY, FLORIDA
By.
DepUt Clerk ayor/C airperson
} '; - .-
AP VED AS T '
}� A.
4- y r:
' 1
r-� !
�1I
cn
CD
.SPA lies of Approval
Proj . 285 50-1-58-01
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 ate
wwwJssa.state-,f<*us .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-1 3 and
Section 215.97, F.., as revised (see "AUDITS" below), monitoring procedures may include,
but not be Iirnited to, on --site visits by Department staff, limited scope audits as defined by
OMB Circular A-13 , as revised, and/or ether procedures. By entering into this agreement,
the recipient agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Department. In the event the Department determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department staff to MONROE COUNTY regarding
such audit. 11 O ROE 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.
AUDIT
PART I# FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as
defined in OMB Circular A-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-1, 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 m accordance with the
guidelines established by OMB Circular A-13 # as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-13,
as revised, will meet the requirements of this part.
.In connection with the audit requirements addressed in Part L 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 De rlrwnt of Transportation and Monroe County
FiwncW Project Number # 4 550-1-58-01
.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-13 , 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-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).
-.Federal awards are to be identified using the Catalog of Federal Domestic Assistance
FDA title and number, award number and year, and name of the awarding federal
agency.
FART 11: STAFF FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 1 .97(2)(1), Florida
Statutes) are to have audits done annually using the following criteria.
I.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,
FloridaStatutes; applicable rules of the Executive office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.6 o (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.
.In connection with the audit requirements addressed in Fart II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section I5.977, 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.
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).
Page 11 of 15
Joint Participation Agreement between the FloridaDepartment of Transportation and Monroe Counoy
Financial Project Number # 428550-1- 8-01
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 + 0 ER AUDIT REQUIREMENT'S
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
1.
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 snail be given to the FI. 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
q. 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 PANT I of this agreement shall be submitted, when
required by Section .320 (d)) OMB Circular A-13 , as revised, 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
loco Northwest 1111h AvenueY Room 6 0 -B
Miami, Florida 33172
Attention: Michelle Loren Meaux, ,TPA. Coordinator
The Federal Audit Clearinghouse designated in OMB Circular A-1 3, as revised (the
number of copies required by Sections . (d)(1) and (2), OMB Circular A-133,
as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address.
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"' Street
Jeffersonville, IN 47132
B. Other Federal agencies and pass -through entities in accordance with Sections .o (e)
and (f), OMB Circular A-1 33, as revised.
Page 12 of 15
Joint Particoation Agreement between the Florida DiVartment o, f Transportation and Monroe County
FtrrancW Project Neer 0 4 550.1-58-01
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-13 , 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 11 P Avenue, Room 0 -B
Miami, Florida 33172
Attention: Michelle Karen Meaux, JPA Coordinator
In addition, pursuant to Section .320 (f), OMB Circular A-13 , 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 11Vh Avenue, Room -B
Miami, Florida 33172
Attention: Michelle Doren Meaux, TPA Coordinator
.opies of financial reporting packages required by PAIN 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 1111n Avenue, Room 0 -B
Miami, Florida 33172
Attention: Michelle Doren Meaux, JPA. Coordinator
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 3 3 -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
Page 13 of 15
Joint Participation Agreement between the Florida D"rtment of Transportation and Monroe County
Financial Project Nimmber # 4 .5.50-1-58-01
1000 Northwest 11Vh Avenue, Room 0 -B
Miami, Florida 33172
Attention; Michelle Doren Meaux, JFA Coordinator
,Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted tirnely in accordance with OMB
Circular A-1 3, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.6 0 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
6. ecipients, when submitting financial reporting packages to the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (focal governmental entities)
or 10.60 (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.''he 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 nude 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 aepartment of Transportation and Monroe County
Financial Project Number # 428550-1-58-01
0,- EXHIBIT-1 k%-J
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 wart to attach a copy of the specific law, rule, or regulation referred to.
STATE RESOURCES
State Agengy Cataloaof State Financial Assistance Number &Title Amount
Department of 55.009, Small County outreach Program $9531,578.00
Transportation
Compliance Requirements
1. 55.009, Small County outreach program (Attached)
. Agreement Specifications
NOTE; Section .400(d) of OMB Circular A-1 3, as revised, and Section 21 .97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient*