Item C29BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012 Division: Public Works/Engineering
Bulk Item: Yes X No Department:_ Engineering Services
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of Amendment #2 to the Joint Participation Agreement
(JPA) with Florida Department of Transportation (FDOT) for the No Name Key Bridge Repair Project
to reduce funding for design and permitting services by $202,686 to $252,314. Funding is split 75%
FDOT and 25% local (County) funds.
ITEM BACKGROUND: The JPA provided $455,000 to fund the engineering design and permitting
services for the No Name Key Bridge Repair Project. The County has executed a contract for these
services for the sum of $252,314. Unused funds that are removed from this JPA will be transferred to
the JPA for Tom's Harbor Channel Bridge Project to help fund the construction. Construction bids for
that project were higher than anticipated.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved executing the JPA with FDOT at the
July, 2011 meeting. BOCC approved Amendment 1 to the JPA to remove funding for construction and
CEI phases (to be replaced with federal funds) at the March 2012 meeting.
CONTRACT/AGREEMENT CHANGES: Remove SCOP funds for design and permitting.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: (1202.686) INDIRECT COST: n/a BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable
COST TO COUNTY: ($50.762)
SOURCE OF FUNDS: FDOT and Fund 102
REVENUE PRODUCING: Yes —No X OUNT PER MONTH Year
APPROVED BY: County A SI/Pu2sing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDOT
Contract #
AQE34
Effective Date:
August 17, 2011
Expiration Date:
June 30, 2013
Contract Purpose/Description:
Amendment 2 to JPA to remove unused funding for engineging design and penjaitting
services for the No Name Key Brid a re air
proita,
Contract Manager: _Judy Clarke
4329
En ' eerie #1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 4/18/2012
A enda Deadline: 4/3/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ _($202,686) Current Year Portion: $ 0
Budgeted? Yes® No ❑ Account Codes: 12-5 - 5`1- +t oc r- &m it o _ `, 2, ®lq
Grant: $ _($152,014) 'ems - - -31 10r n0z { 0, -7&0,
County Match: $ ($50,762)
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (ea- maintananrr__ ntilitip.c. innitrwinl cs
CONTRACT REVIEW
Changes
Date In N R '
Division Director `I-� /. Yes[] Na 7$�
Risk Mana a ent Y.El No
O.M.B. asing - YesQ N i • . -
County Attorney C Yes❑ NoRl CkOLL, mx
Continents:
OMB Form Revised 2/27/01 MCP #2
Date Out
cl 2-
AMENDMENT 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 #AQE34, executed on August 17, 2011 (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"), for the design and construction of Improvements to the No Name Key Bridge #904320 that connects
Big Pine Key and No Name Key, programmed under Financial Project Number 430121-1-38-01 ("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 Board of Commissioners by Resolution No. 215-2011, adopted on July 20, 2011, in the total amount of Four
Million Six Hundred Forty One Thousand Dollars ($4,641,000.00) for PROJECT costs; and
WHEREAS, the Contract was reduced on 2012 to remove the funding for project numbers
430121-1-58-01 and 430121-1-68-01, which will be funded by federal funds and pursued through a future Local Agency
Program Agreement, amending the Contract total to Four Hundred Fifty Five Thousand Dollars ($455,000.00); and
WHEREAS, it is necessary to decrease the Contract total, pursuant to the receipt of low bids for PROJECT costs,
from Four Hundred Fifty Five Thousand Dollars ($455,000.00) to Two Hundred Fifty Two Thousand Three Hundred
Fourteen Dollars ($252,314.00), as detailed in the attached Exhibit "B°, 'Amended Financial Summary; and
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated August 17, 2011, Is hereby amended as follows:
Financial Provisions shall be decreased from Four Hundred Fifty Five Thousand Dollars ($455,000.00) to
Two Hundred Fifty Two Thousand Three Hundred Fourteen Dollars ($252,314.00), Contract total not to
be exceeded.
Exhibit "B" shall be superseded by the attached amended Exhibit "B", 'Amended Financial Summary'.
---------------------------REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
All other terms and conditions of the Contract are in effect and remain unchanged.
Amendment Two Joint Participation Agreement between Florida Department of Transportation Monroe County,
Project # 430121-1.38-01
Page 1 of 3
MONROE COUNTY:
By:
COUNTY Mayor
ATTEST:
(SEAL)
By:
COUNTY Clerk
LEGAL J;,EVWW
By.
COUNYY Attomey
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
BY
District Director of Transportation Opertations
ATTEST:
(SEAL)
By:
Executive Secretary
LEGAL REVIEW:
By:
District Chief Counsel
EXHIBIT "B"
Amendment Two Joint ParNdpatlon Agreement between Florida Department of Transportation Monroe County,
Project k 430121-1-38-01
Page 2 of 3
AMENDED FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement, programmed under project number
430121-1-38-01, is below -listed:
Fiscal Year: Amount: Fund Tvoe:
430121-1-38-01:
2011/2012 $80,003.00 Small County Outreach
Program (SCOP)
2011/2012 $109,233.00 General Revenue for
SCOP (GRSC)
2011/2012 $63,078.00 Local Funds (LF)
(COUNTY)
Total PROJECT Cost Estimate: $252,314.00
Amendment Two Joint Participation Agreement between Fiorida Department of Transportation Monroe Cowty,
Project 4 430121-1-38-01
Page 3 of 3
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 #AQE34, executed on August 17, 2011 (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"), for the design and construction of improvements to the No Name Key Bridge #904320 that connects
Big Pine Key and No Name Key, programmed under Financial Project Numbers 430121-1-38-01, 430121-1-58-01 and
430121-1-68-01 ("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 Board of Commissioners by Resolution No. 215-2011, adopted on July 20, 2011, In the total amount of Four
Million Six Hundred Forty One Thousand Dollars ($4,641,000.00) for PROJECT costs; and
WHEREAS, it is necessary to amend the Contract to remove funding for projects 430121-1-58-01 and 430121-1-
68-01, which will be funded by federal funds and pursued through a future Local Agency Program Agreement; and
WHEREAS, the Contract total shall be decreased from Four Million Six Hundred Forty One Thousand Dollars
($4,641,000.00) to Four Hundred Fifty Five Thousand Dollars ($455,000.00), as detailed in the attached Exhibit "B",
'Amended Financial Summary; and
WHEREAS, Section 8, Expiration of Agreement, shall be amended to reflect June 30, 2013 as the PROJECT
completion date; and
WHEREAS, the final invoice submittal date reflected in Section 9, Invoicing, shall be amended from October 28.
2016 to October 28, 2013; and
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated August 17, 2011, is hereby amended as follows:
Financial Provisions shall be decreased from Four Million Six Hundred Forty One Thousand Dollars
($4,641,000.00) to Four Hundred Fifty Five Thousand Dollars ($455,000.00) contract total not to be
exceeded.
Section 8 is amended to modify the contract term to June 30, 2013.
Section 9 is amended to modify the final invoice submittal date to October 28. 2013.
Exhibit "B" shall be superseded by the attached amended Exhibit "B", 'Amended Financial Summary'.
___.._—_-_-_REMAINDER OF PAGE LEFT BLANK INTENTIONALLY ---w-w--_..ti_—_�__��_______
Amendment One to Joint Participation Agreement between Florida Department of Transportation Monroe County.
Projects 430121-1-38-01, 430121-1-58-01 & 430121-1-58 01
Page 1 of 3
All other terms and conditions of the Contract are in effect and remain unchanged.
MONROE COUNTY:
By
i � � i11� _Vr« t,
LEGAL REVIEW
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
By=
District Director of Transportation Opertations
ATTEST:
(SEAL)
By:
Executive Secretary
LEGAL REVIEW:
By: --- Q-�1 By:
COUNTY Attorney
District Chief Counsel
Amendment One to Joint Participation Agreement between Florida Department of Transportation Monroe County,
Projects 430121-1-38-01, 430121-1-58-01 8 430121-1.68-01
Page 2 of 3
SXHIBIT "B"
AMENDED FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement, programmed under the following project
numbers, are below -listed.
Fiscal Year: Amount: Fund Tyne:
430121-1-38-01:
2011/2012 $232,017.00 Small County Outreach
Program (SCOP)
2011/2012 $109,233.00 General Revenue for
SCOP (GRSC)
2011/2012 $113,750.00 Local Funds (LF)
(COUNTY)
Total PROJECT Cost Estimate: $455,000.00
Amendment One to Joint Participation Agreement between Florida Department of Transportation Monroe County,
Project #s 430121-1-38-09,.430129-1-58-01 & 430121-1-8t3-01
Page 3 of 3
'P. W Fr�-=--,ter rRp► n�y_,�"'".' �� �s5•��' ��
a Ne1.TCi'�i�'i.ii1" VLM61LS�iY
Contract Number: A Q l; 34
CSFA Number: 55.009
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
THIS AGREEMENT is made and entered into this ��day of ,
20_�L, between the State of Florida Department of Transportation, a compon t agency of the
State of Florida, hereinafter referred to as the `DEPARTMENT', and Monroe County, a political
subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter
referred to as the `COUNTY'.
RECITALS:
WHEREAS, the COUNTY has jurisdiction over and maintains the No Name Key Bridge
#904320 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and construct
the improvements to the No Name Key Bridge #904320 that connects Big Pine Key and No
Name Key, 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 Numbers 430121-1-38-01, 430121-1-58-01, and 430121-1-68-01, 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
design, construction, and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
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 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Numbers # 430121-1-38-01, 430121-1-58-01 & 430131-1-68-01
I. 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:
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 COUNTY during the term of the Agreement; 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.
d. The COUNTY shall obtain all necessary permits from the DEPARTMENT,
and other concerned agencies, as needed, prior to commencing PROJECT
construction on DEPARTMENT right-of-way.
e. The COUNTY shall advertise for bid, let the consultant and construction
contracts, administer, supervise and inspect all aspects of PROJECT design
and construction until completion, and, as further defined in Exhibit "A",
`Scope of Services'. The COUNTY shall complete the PROJECT on or before
June 30, 2016. All aspects of PROJECT design, construction, and
administration are subject to DEPARTMENT standards and specifications and
must be in compliance with all governing laws and ordinances.
f. The COUNTY shall submit a copy of the plans to the Department for review
during the sixty percent (60%) and ninety percent (90%) design phases. The
DEPARTMENT shall have a minimum of two (2) weeks for review per
phase.
g. The COUNTY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
Page 2 of 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number# 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
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.
h. 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.
i. 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.
j. 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 FOUR MILLION SIX HUNDRED
FOURTY ONE THOUSAND DOLLARS ($4,641,000.00), as outlined in
Exhibit "B", `Financial Summary'. The DEPARTMENT shall be responsible
for THREE MILLION FOUR HUNDRED EIGHTY THOUSAND SEVEN
HUNDRED FIFTY DOLLARS ($3,480,750.00). The COUNTY shall be
responsible for ONE MILLION ONE HUNDRED SIXTY THOUSAND
TWO HUNDRED FIFTY DOLLARS ($1,160,250.00). 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 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14), F.S.
d. 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:
Design plans and specifications for construction
Page 3 of 16
Joint Participation Agreement between the FlwTda Department of Transportation and Monroe County
Financial Project Number# 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
ii. Construction of improvements
e. 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 d above and Exhibit
"B". Deliverables must be received and accepted in writing by the
DEPARTMENT's Project Manager prior to payments.
f. 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 d has been met.
g. Travel costs will not be reimbursed.
h. 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.
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 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 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 430111-1-38-01, 430111-1-58-01 & 430121-1-68-01
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."
k. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
4. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
5. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the COUNTY expressed in writing, executed and delivered by each party.
6. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
7. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other
communications which are required to be served or given hereunder, shall be
in writing and hand -delivered or sent by either registered or certified U.S.
mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest I I I Avenue, Room 6202A
Miami, Florida 33172-5800
Attn: Michelle Meaux, JPA Coordinator
Ph: (305) 470-5112
To COUNTY: Monroe County
1100 Simonton Street
Key West, Florida 33040
Attn: Judith S. Clarke, P.E.
Ph: 305-295-4329
Page 5 of 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 430111-1-38-01, 430121-1-58-01 & 430121-1-68-01
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, 2016. 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. 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 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, 2016, 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.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 6 of 16
Joint Participation Aga Bement between tl:e Florida Depa°unenl of Transportation and Mons oe County
Financial Project Number # 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
IN WITNESSW F, the parties hereto have executed this Agreement, on the day
and year above written.
717,00h wl-M-B
SCOUNTYCLERK
ff
/�.
DISTRICT SEQk&ARY
--2c� r
ATTEST:. k,-
h SECRETARY
.:L.�F,%p�[�I�„?a„�!°mow
P V.� O LEGAL W:
�
CHFEESi"1W- M. l.iP ��u.9T-SRRRO +fS
ASSISTANT COUNTY AlTTOF:NEY
Date
Page 7 of 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
EXHIBIT "A"
SCOPE OF SERVICES
No Name Key Bridge connects Big Pine Key and No Name Key (approximately mile marker 30)
and spans Bogie Channel. It was constructed in 1967 and is 2,232 feet long. The October 2009
bridge inspection report indicates that the bridge is structurally deficient and assigns it a
sufficiency rating of 36.2.
The PROJECT will consist of engineering design, permitting and construction of repairs to the
bridge deck, beams, columns, bearings, bent caps and pile jackets, and other bridge elements.
The PROJECT will include repairing concrete spalling, and rebar corrosion on the deck and
sidewalks. 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. The PROJECT will also include construction engineering
and inspection services.
PROJECT Limits: No Name Key Bridge #904320 (Connects Big Pine Key & No Name Key)
FDOT Financial Project Numbers: 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
County: Monroe
FDOT Project Manager: Pablo Orozco, E.I., 305-470-5370
COUNTY Project Manager: Judith S. Clarke, P.E. 305-295-4329
PLANS AND SPECIFICATIONS
The COUNTY agrees to construct the PROJECT in accordance with the signed and sealed plans
and specifications, to be attached hereto and incorporated herein by reference once completed by
the COUNTY and approved by the DEPARTMENT.
Plans prepared by: The COUNTY Plans approved by: The DEPARTMENT
Dated: Date:
Page 8 of I6
Joint Participation .4greemew between the Flwlda Department of Transportation and Monroe County
Financial Project Numbe)-it 430111-1-38-01, 430121-1-58-01 & 430121-1-68-01
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs for reimbursement, programmed under the following project numbers,
are below -listed:
Fiscal Year:
Amount:
Fund Type:
430121-1-38-01:
2011/2012
$232,017.00
Small County Outreach
Program (SLOP)
2011/2012
$109,233.00
General Revenue for SCOP
(GRSC)
2011/2012
$113,750.00
Local Funds (LF)
(COUNTY)
430121-1 _58-01:
2013/2014
$764,091.00
Small County Outreach
Program (SCOP)
2013/2014
$1,174,417.00
General Revenue for SCOP
(GRSC)
2013/2014
$910,000.00
Local Funds (LF)
(COUNTY)
2014/2015
$109,883.00
Small County Outreach
Program (SLOP)
2014/2015
$681,609.00
General Revenue for SCOP
(GRSC)
Page 9 of 16
Joint Participation Agreement between the Floilda Department of Transportation and Monroe County
Financial Project Number # 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
430121-1-68-01:
2013/2014 $273,000.00 General Revenue for SCOP
(GRSC)
2013/2014 $136,500.00 Local Funds (LF)
(COUNTY)
2014/2015 $136,500.00 General Revenue for SCOP
(GRSQ
Total PROJECT Cost Estimate: $4,641,000.00
Page 10 of 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number# 430121-1-38-01, 43 0121-1-58-01 & 430121-1-68-01
EXHIBIT "C"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Board of Commissioners.
Page I I of 16
Joini Parlicipalion Agreement between the Florida Department of Transportation and Monroe County
Financial Project Munber 4 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
RESOLUTION NO. 215 -2011 EXHIBIT C
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING JOINT
PARTICIPATION AGREEMENT BETWEEN
FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA FOR FUNDING TO DESIGN AND
CONSTRUCT IMPROVEMENTS TO NO NAME
KEY BRIDGE #904320.
WHEREAS, the COUNTY has jurisdiction over and maintains No Name Key
Bridge #904320 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and
construct the improvements to No Name Key Bridge #904320, 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 Numbers 430121-1-38-01 and 430121-1-58-01, 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 construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION l : 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 20`h day of July, A.D., 2011.
Mayor Heather Carruthers
Mayor Pro Tern David Rice
Commissioner Kim Wigington
mmissioner George Neugent
QlWissioner Sylvia Murphy
L. KOLHAGE, Clerk
r
Deputy Clerk
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Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE 4CU14SffY, FLORIDA
By
Ma r/Ch ' rson
5
EXHIBIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to CITY/COUNTY be subject to audits and/or
monitoring by the Department, as described in this section. For further guidance, see the Executive Office of
the Governor website, which can be found at: www.fssa.state.fl.us .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular AA 33 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-]33, 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 MONROE COUNTY regarding such audit. MONROE
COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular
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-]33, 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.
Page 12 of 16
Joint Participation Agreement between the Floaida Department of Transportation and Monroe County
Financial Project Number# 430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(I), Florida Statutes) are to have
audits done annually using the following criteria:
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 I 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.
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-]33, 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 13 of 16
Joint Participation Agreement between the Florida Department of Transportation and Monroe Comity
Financial Project Number # 430121-1-38-01, 430111-1-58-01 & 430121-1-68-01
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
The Federal Audit Clearinghouse designated in OMB Circular A-] 33, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-]33, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East I O'h Street
Jeffersonville, IN 47132
B. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
1000 Northwest 1116' Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111d' Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
3. Copies of financial reporting packages required by PART 11 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 1116' 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
11 I West Madison Street
Tallahassee, Florida 32399-1450
Page 14 of 16
Joint Participation Agreement between the Florida Depa invent of Transportation and Monroe County
Financial Project Number#430121-1-38-01, 430121-1-58-01 & 430121-1-68-01
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or
on behalf of the recipient directly to. -
A. The Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest I I I" Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, ]PA Coordinator
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for
a period of at least five years from the date the audit report is issued, and shall allow the Department, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure
that the independent audit working papers are made available to the Department, or its designee, the state
CFO, or Auditor General upon request for a period of at least five years from the date the audit report is
issued, unless extended in writing by the Department.
Page 15of16
Joint Participation Agreement between fire Florida Department of rransportation and Uonroe County
Financial Project Number # 430121-1-38-01. 430121-1-58-01 & 430121-1-68-01
EXHIBIT - 1
STATE RESOURCES
State Agency
Florida Department of 'Transportation
Compliance Requirements
Catalog of State Financial Assistance Amount
55.009, Small County Outreach Program $4,641,000.00
1. 55.009 Small County Outreach Program (Attached)
2. Agreement Specifications