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12/21/2005 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 23, 2005 TO: Sheila Barker, Director Community Services Division ATTN: FROM: Jerry Eskew, Director Transportation Division Pamela G. Hanr~ Deputy Clerk CY At the December 21, 2005, Board of County Commissioner's meeting the Board granted approval of an application for Federal Assistance between Monroe County, the applicant, and the Federal Transit Administration for Financial Assistance to purchase two transportation buses and approval for the Mayor to sign the Grant Application, other Application Documents, and adopted the Resolution No. 491-2005. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File.! Checklist for Application Completeness (2006) Name of Applicant: Monroe County Board of County Commissioners Check one: First-time Applicant Previous Applicant X The following must be included in the Section 5310 grant application in the following order: X This checklist X Applicant's cover letter and 2 copies of the governing board's Resolution X Application for Federal Assistance (Form 424, Code 20.523) X Operating and Administrative Expense and Revenue Form X Current Vehicle and Transportation Equipment Inventory Form X Capital Request Form X Exhibit A: Current System Description X Exhibit A-1: Fact Sheet X Exhibit B: Proposed Project Description X Exhibit C: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) X Exhibit D: Coordination N/A Exhibit E: N/A X Exhibit F: Federal Certification and Assurances N/A Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) X Exhibit H: Applicant Certification and Assurance to FDOT. X 6 Copies of the Audit Report or the latest Internal Revenue Services Return Date application was submitted to Local Clearinghouse: December 21. 2005 Additional documents required for first-time applicant (if a private-non profit agency) N/A Copy of Certificate of Incorporation Resolution 491-2005 A Resolution of the Monroe County Board of County Commissioners authorizing the signing and submission of a grant application and supporting documents and assurances to the Florida Department of Transportation, and the acceptance of a grant award from the Department. Whereas, Monroe County Board of County Commissioners has the authority to apply for and accept grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or by the Federal Transit Administration Act of 1964, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA: 1. This resolution applies to Federal Program(s) under U.S.C. Section(s) 5310. 2. The submission of a grant application(s), supporting documents, and assurances to the Florida Department of Transportation is approved. 3. Charles S. McCoy, Mayor is authorized to sign the application and accept a grant award, unless specifically rescinded. Dw.. Y PASSED AND ADOPTED THIS DECEMBER 21, 2005.. ~ B~~Op! CONSENT. ~ o CD <tr:~ u Xu Ll-l x: -' t- o.::: ~ 00:::% By. ~-~ . ~ ~ ...j~~ Charles S. Mc oy, Mayor (,.) >- ..J 0 o La.I z~o: W Q Z Z ..J . 4: 0 i:i: ts 0 s: Attest:. .. .... .........'. ;'1.'."1' ~'.}..j...~ .r,'.:". ~,.... . ' ..': .. al); , ;y' , OK~~ d:M2~~E (305) 294-4641 r'~--- BOARD OF COUNTY COMMISSIONERS Mayor CharlesuSonnyR McCoy, District 3 Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 Dixie M. Spehar, District 1 David P. Rice, District 4 Community Services Division Social Services Department Transportation Program 1100 Simonton Street, Room 1-188 Key West, R. 33040 Phone: (305) 292-4425 Fax: (305) 292-4411 ."..if>':, :.... --'., ._. .5.:0'.......:.- ~.~ ~tI >,.~ -."..- ~ % c I ..., (:) - ~n~ ~ r- ITI or-%: ("') CJ "':x-< N ...." C')' r- W <:) 00- ::0 c:: -::x z?'o :J>> ;0 -in' ::J: f11 -<-t::I: C") . . ):> CD 0 ." C) .. ;;0 I n1 ell CJ )> ell State of Florida Department of Transportation Grant Application Monroe County Board of County Commissioners submits this Application for the Section 5310 Program Grant and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Checklist for Application Completeness. Monroe County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768,82, Florida Statutes, to indemnifY, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This Application is submitted on this 21st day of December, 2005, with two (2) original resolyti9llS-_0f certified copies of the original resolution authorizing Mayor Charles S. McCoy to s~(~ion. ",/> ~ ~",,' , \ v c;'l'; f;J" "."~'" , " \'f,\(J f!'~ ,;\\ ',",: ."', ,.,~,(~>" . .. '-'~~ d of County Commissioners By: Charles S. McC y, Mayor Date: 12/21/05 Privacy Statement: This letter and any files accompanying it are intended only for the person or entity to which it is addressed and may contain confidential materials and/or material protected by law. Any retransmission or use of this information may be a violation of that law. If you received this in error, please contact the sender and destroy the material. APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 12/21/05 5310 FY2006 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application o Construction o Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier IZI Non-Construction o Non-Construction 6. APPLICANT INFORMATION Legal Name: Organizational Unit: Monroe County Board of County Commissioners Department: Social Services Department (Monroe County Transit) Orrnizational DUNS: Division: Nl Community Services Division Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) PrefIX : First Name: 1100 Simonton Street Room 1-188 Mr. Jerry City: Middle Name Key West L County: Last Name Monroe Eskew State: Zil> Code Suffix : Florida 33040 Country: Email: United States eskew-jerry@monroecounty-f1.gov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) ~~-~@][QJ[][]~~ 305 292-4425 305 292-4411 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) V New rn Continuation rr Revision B, County If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters,) D :J Pthe r (specify) other (specify) 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: []@]-~[IJ~ Body-on-Chassis Paralransit Buses TITLE (Name of ProQram): Federal Transit Administration Section 5310 Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, StBtes, etc,): Monroe County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a, Applicant ~ Project July 2006 June 2007 20th Congressional District Congressional District 16. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a, Federal ~ ,'" [] THIS PREAPPLlCATION/APPLlCATION WAS MADE 121,600 a, Yes, AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b, Applicant $ "" PROCESS FOR REVlEWON 15,200 c, State $ .'" DATE: 15,200 d, Local $ ."" b. No, I7J PROGRAM IS NOT COVERED BY E, O. 12372 e, other .'" 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income ,"" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g, TOTAL !$ .'" o Yes If "Yes. attach an explanation, III No 152,000 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a, Authorized Renresentativ.. f:(,eflX First Name M.iddle Name r. "...... ...". Char1es S, .'_.1'" lSufflX ~" . II ' " ;:f-i-;-') f<"~,l";" I J IC, Telephone Number (give area code) 305 292-3430 Ii"- ~ of.A" entative ~, Date Signed flf (" \ 'V....:.:. .. 'If. 12/21/05 ll:;:: . ., , / :idr)'~$able , Standard Form 424 (Rev.9-2003) \\~"~_,~Local ReDroductio~ Prescribed by OMS Circular A-102 EY OPERATING AND ADMINISTRATIVE EXPENSE AND REVENUE (2006) Name of Applicant Monroe County Board of County Commissioners (MC Transit) Fiscal Period from 10/01/2004 to 09/30/2005 TRANSPORTATION-RELATED OPERATING and ADMINISTRATIVE EXPENSES EXPENSE CATEGORY EXPENSE $ Labor (501) $466,262.48 Fringe and Benefits (502) 231,447.57 Services (503) Materials and Supplies (504) 49,810.63 Vehicle Maintenance ( 504,01) 143,121.00 Utilities (505) 3,437.90 Insurance (506) 22,307.00 Licenses and Taxes (507) Purchased Transit Service (508) Miscellaneous (509) 46,152.95 Leases and Rentals (512) Depreciation (513) 123,832.29 TOTAL EXPENSE $1,086,371.82 TRANSPORTA TION -RELATED OPERATING and ADMINISTRATIVE REVENUES OPERA TING REVENUE REVENUE $ Passenger Fares for Transit Service (401) $ 30,090.91 Special Transit Fares (402) Other (403-407) (identify by appropriate code) TOTAL OPERATING REVENUE $ 30,090.91 OTHER REVENUE SOURCES Taxes Levied Directly by the Transit System Local Cash Grants and Reimbursements $1,001,700.91 (409) Local Special Fare Assistance (410) State Cash Grants and Reimbursements 54,580.00 (411) ARCA State Special Fare Assistance (410) Federal Cash Grants & Reimbursements (413) Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) TOTAL OF OTHER REVENUE $1,056,280.91 GRAND TOTAL OF OTHER REVENUES $1,086,371.82 N N N N N N N N N N N N N ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO CO CO 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO CO CO 01 01 01 01 (,.) 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CD ::::j '< " CD s Z =It: " C o ..... r~ ;:63 " :e~ o~ (II !~ -CD CD .. (II D) =<ee .. CD iCO CD~ D) .. ee CD CD a -<:::u .. CD ~ mO .pg: en" o C C ::s .. CL (') ::s CDee o C .. .. iCCD o a ::s < (3 CD CD ::J" 0(') o CD C D) ::s ::s )>-..... (II '< .... om..... -Oil CO::s CD 0 (II (') " CD-O 3iC;:l C"0D) CD ~ ~ .. 0 0 NCD::S oom oo,g 0'1 C C _. ::s" ~3 .....CD .. ::s D) - ::s ::s (II < ECD ::s - o ~ CAPITAL REQUEST FORM (2006) Monroe County Transit (DOC C) VEHICLE REQUEST GMIS code RorE Number Description (b) (c) Estimated (1bis column (a) Requested Cost for FOOT use ONLy) 11. R 2 Type D Body-on-Chassis Transit Bus 23-31 ft $152,000 -- diesel WC lift 4-20 ambulatory seating in combination with 6 wheelchairs 11. -- II. -- II. -- 11. -- Subtotal $152,000 EQUIPMENT REQUEST (C) 11. -- II. -- II. -- II. -- Subtotal $ (a) Replacement (R) or Expansion (E). (b) Provide a brief description including the length and type vehicle, type of fuel, lift or ramp, number of seats and wheelchair positions. Do not show the Make. For example, 22' diesel bus with lift, 12 ambo Seats, 2 w/c positions. (c) Show mobile radios, computer hardware/software, etc. under "Equipment Request". VEHICLE SUBTOTAL $152,000 + EQUIPMENT SUBTOTAL$ (X). (X) x 80 % = $121,600 [Show this amount on Form 424 in block 15 (a)] EXHIBIT A (2006) CURRENT SYSTEM DESCRIPTION Monroe County Transit (BOCC) Overview & Routes Monroe County Transit provides paratransit service to the elderly, disabled and transportation disadvantaged citizens of Monroe County. The operation services three geographical route areas, the Lower Keys (Key West) from mile marker 0 to 40, the Middle Keys (Marathon Key) from mile marker 47 to 72 and the Upper Keys (Plantation Key and Key Largo) from mile marker 73 to 112. Fleet Size & Placement The entire fleet of fifteen (15) paratransit buses is wheelchair equipped and ADA Compliant. Five buses are located at each of the three base operations, 1100 Simonton Street, Key West, 490 63rd Street, City of Marathon and 88800 Overseas Highway, Plantation Key. Hours of Operation Monroe County Transit operates five (5) days per week Monday through Friday from 7 a.m. to 6 p.m. excluding Monroe County Observed Holidays. Staffing Monroe County Transit staff consists of a Transportation Administrator, Administrative Assistant, Special Needs Coordinator, Transportation Specialist, Three (3) Dispatcher, Reservation, Schedulers, nine (9) CDL Class B Licensed Transportation Drivers and nine (9) CDL Class B or D Licensed On-Call Substitute Transportation Drivers. Rider Composition 71 % Elderly 60 years and older includes handicapped 29% Transportation Disadvantaged 59 years and younger includes handicapped Within those two categories 16% are Wheelchair Clients Vehicle Maintenance Monroe County Transit utilizes the County's three fully staffed maintenance facilities (Key West, City of Marathon & Plantation Key) with an industry recognized preventative maintenance program in place. Single Audit Act Attached is Monroe County's latest completed Single Audit. EXHIBIT A-1 -- FACT SHEET (2006) Monroe County Transit (BOCC) CURRENTLY IF GRANT IS AWARDED (Estimates are acceptable) 1. Number of one-way trips provided 36,404 43,000 to elderly and persons with disabilities (E & D) PER YEAR 2. Number of individual E & D served 1,107 1,400 ( unduplicated) PER YEAR 3. Percentage of E & D needing 15.9% 17.0% wheelchair positions AVERAGE 4. Number of vehicles used to 9 9 provide service AVERAGE 5. Number of ambulatory seats AVG 168 192 to 204 depends on exact configuration chosen 6. Number of wheelchair positions 49 54 to 57 depends on exact AVERAGE configuration chosen 7. Vehicle miles traveled PER YEAR 241,052 250,000 8. Average vehicle miles PER DAY 976 1,012 9. Normal number of days in 5 5 operation PER WEEK 10. Normal hours of vehicle 7 a.m. until 6 p.m. 7 a.m. until 6 p.m. operation PER DAY 11. Trip lenQth AVERAGE 5.76 6.00 EXHIBIT B (2006) PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) The awarded funds will be used to replace two aging body-on-chassis buses, unit 1927 (VIN# 1 FDWE30F6WHC13963), a 1998 Ford/Aerolite bus with 8 ambulatory & 2 wheelchair passenger capacity and 2833 (VIN#1FDWE30F8WCH13964), a 1998 Ford/Aerolite with 8 ambulatory /2 wheelchair passenger capacity. The two body-on- chassis diesel bus replacement vehicles will be configured to increase the capacity of the fleet to handle both ambulatory and wheelchair clients with more dependable transportation, while reducing the excessively high repair and maintenance and service equipment downtime that is associated with high age and high mileage vehicles. Additionally, the transit program will be able to reduce the fleet size as the average age of the fleet reflects newer vehicles. This reduction of the older, more costly to operate backup vehicles from the transit fleet will result in reduced maintenance expense, better fuel economy and less bus downtime than the department had been experiencing in the past. As always, the new buses will be placed on Monroe County's preventive maintenance plan along with utilizing the new vehicle warranties. Client outreach especially in the Middle Keys will be the focus for this fiscal year especially targeting the elderly and the handicap. Elderly organization meetings will be attended on a regular basis in an attempt to introduce and re-acquaint the aging population with our services. Special Needs Clients target the elderly and handicapped to make sure they are not forgotten as threatening storms approach the Florida Keys. The transportation of those individuals is assured by maintaining a well-equipped current transit fleet. Paratransit service is now being provided from Monroe County to the Miami area medical facilities on a limited basis. EXHIBIT C (2006) PUBLIC NOTICE Monroe County Transit (BOCC) All interested parties within Monroe County are hereby advised that Monroe County Board of County Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of a Type D Transit bus (Body-on-Chassis) to be used for the provision of public transit services within Monroe County, Florida. A Public Hearing has been scheduled at 9:00 a.m. on 12/21/2005, Marathon Government Center 2798 Overseas Highway, Marathon, Florida, for the purpose of advising all interested parties of service being contemplated if a grant is awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or paratransit operators in the area. This hearing will be conducted if and only if a written request for the hearing is received by 12/16/2005. Requests for a hearing must be addressed to Monroe County Board of County Commissioners, 1100 Simonton Street Key West, FI. 33040 and a copy sent to FDOT District 6, 1000 NW 111th Avenue, Room 6114 Miami, Fl., 33172. E)fU, ..r D Effective: 01/01/05 to 12/31/05 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED STANDARD COORDINATION/OPERATOR CONTRACT THIS CONTRACT is entered into between the COMMUNITY TRANSPORTATION COORDINATOR! THE GUIDANCE CLINIC OF THE MIDDLE KEYS, designated pursuant to Chapter 427, F.S., to serve the transportation disadvantaged for the community that includes the entire area of MONROE County, and hereinafter referred to as the "Coordinator" and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Agency/Operator". The terms and conditions of this Contract are effective January 1, 2005, and will continue through December 31,2005. WHEREAS, the Coordinator is required, under Rule 41-2.011, F.AC., when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, the Coordinator desires to contract with the Agency/Operator for the provision of transportation services for the transportation disadvantaged; and WHEREAS, the Coordinator believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the Coordinator the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the Coordinator. WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2, F.AC., and the most current Community Transportation Coordinator policies. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: THE AGENCY/OPERATOR SHALL: A Provide services and vehicles according to the conditions specified in Attachment I. B. Coordinate available resources and make available transportation services to the Coordinator. Such services shall be provided in accordance with Attachment I. This contract currently . . " f excludes the coordination of Medicaid trips. A separate Medicaid transportation contract will be negotiated. C. Every three (3) months, submit to the Coordinator a Quarterly Year to Date Operating Report (from the Annual Operating Report) detailing demographic, operational and financial data regarding coordination activities in the designated service area. The reported data will include information regarding all transportation provided by the Agency/Operator (including but not limited to CTC, Medicaid...) The report shall be prepared on forms provided by the Commission for the Transportation Disadvantaged, hereinafter Commission, and according to the instructions for the forms. D. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accountino Consortium Model Uniform Accountino System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. Maintaining and filing with the Coordinator such progress, fiscal, inventory and other reports as the Coordinator may require during the period of this contract. 3. By reserving to the Coordinator, the right to conduct finance and compliance audits at any time. Such audits conducted by the Coordinator will be at the expense of the Coordinator. E. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five- (5) years, the records shall be retained until resolution of the audit findings. The Agency/Operator shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Coordinator or Commission or this Agreement. The Commission and the Coordinator shall have full access to and the right to examine any of the records and documents during the retention period. F. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.C., concerning System Safety or complying with Chapter 234.051, F.S., regarding school bus safety requirements for those services provided through a school board; 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing, and; 3. Complying with Coordinator's System Safety Program Plan (SSPP) for designated service area. G. Comply with Commission insurance requirements by maintaining at least minimum liability insurance coverage in the amount of $100,000 for anyone person and $200,000 per occurrence at all times during the existence of this Contract. In the event of any cancellation or changes in the limits of liability in the insurance policy, the insurance agent or broker shall notify the Coordinator. The Agency/Operator shall furnish the Coordinator written verification of the existence of such insurance coverage prior to the execution of this Contract or proof of a self-insurance program operated by the Agency/Operator. School board vehicle insurance coverage shall be in accordance with Section 234.03, F.S. and 234.211, F.S. H. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. I. Protect Civil Rights by: 1 . Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the Agency/Operator, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, subgrantees, or others with whom the Coordinator arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the Agency/Operator agrees that the Coordinator may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. J. The Agency/Operator agrees to indemnify and hold the Coordinator harmless for all claims, cost (including legal fees), and expenses associated with the services provided under this contract arising out of the negligent acts of the Agency/Operator. K Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged [ Attachment II J; 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the Coordinator. L. Provide Corrective Action. A corrective action notice is a written notice to the Agency/Operator that the Agency/Operator is in breach of certain provisions of this Contract and that correction is required. Any corrective action notice will specify a reasonable time for corrective action to be completed. The Agency/Operator agrees to implement the Corrective Action specified in the notice and provide written documentation to substantiate the implementation of the Corrective Action. M. All contracts, subcontracts, coordination contracts will be reviewed annually by the Coordinator and local Coordinating Board for conformance with the requirements of this Contract. N. Return to the Coordinator any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to the Agency/Operator by the Coordinator. The Agency/Operator shall return any overpayment within thirty (30) calendar days after either discovery by the Agency/Operator, or notification of the Agency/Operator by the Coordinator or entity purchasing transportation, whichever is earlier. In the event that the Coordinator first discovers an overpayment has been made, the Coordinator will notify the Agency/Operator by letter of such a finding. Should repayment not be made in a timely manner, the Coordinator or purchasing entity will charge interest after thirty (30) calendar days after the date of notification or discovery, or the Coordinator will deduct said amount from future invoices. O. In performing this Contract, the Agency/Operator shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency/Operator shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. The Agency/Operator shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. P. By execution of this Contract, the Agency/Operator represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Funds disbursed to the Agency/Operator under this Contract shall not be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. THE COORDINATOR SHALL: A. Recognize the Agency/Operator as described in Chapter 427, F.S., and Rule 41-2, F.A.C. B. Insure that entities with transportation disadvantaged funds will purchase Transportation Disadvantaged services through the coordinated system. C. At a minimum, annually monitor the Agency/Operator for insurance, safety and reporting requirements, pursuant to Chapter 427, F.S., and Rule 41-2, F.A.C. The information contained in the Annual Operating Report must be collected, at a minimum, quarterly from the Agency/Operator. THE OPERATOR AND COORDINATOR FURTHER AGREE: A. Nothing in the Contract shall require the Coordinator to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the Coordinator in writing in order that appropriate changes and modification may be made by the Coordinator and the Agency/Operator to the end that the Agency/Operator may proceed as soon as possible with the provision of transportation services. B. If any part or provision of this Contract is held invalid; the remainder of this Contract shall be binding on the parties hereto. C. Termination Conditions: 1. Termination at WiII- This Contract may be terminated by either party upon no less than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the Coordinator so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 3. Termination due to Disapproval of Memorandum of Agreement - In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the Coordinator may terminate the contract with no less than twenty-four (24) hours written notice to the Agency/Operator. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The Coordinator shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless the Agency/Operator's breach is waived by the Coordinator in writing, the Coordinator may, by written notice to the Agency/Operator, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the Coordinator of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the Coordinator's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, the Agency/Operator shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the Coordinator within thirty (30) days after the termination of this Contract. 7. The Coordinator shall pay all bills within 7 days to the Agency/Operator after receipt of said payment by the CTD. Nonpayment to the Agency/Operator shall be a breach for which Agency/Operator may give 24-hour notice of termination of the contract. D. Renegotiations or Modifications of this Contract shall only be valid when they have been reduced to writing, duly approved by the Coordinator, and signed by both parties hereto. E. Agency/Operator shall assign no portion of this Contract without the prior written consent of the Coordinator. F. This Contract is the entire agreement between the parties. G. Attachments I and II are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. H. Notice and Contact: The name and address of the contract manager for the Coordinator for this Contract is: Maureen Grynewicz Guidance Clinic of the Middle Keys 3000 41 st Street, Ocean Marathon, FL 33050 The representative/position of the Agency/Operator responsible for administration of the program under this contract is: Administrator, Transportation Monroe County Transportation 1100 Simonton Street Key West, Florida 33040 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. This contract and its attachments contain all the terms and conditions agreed upon by the parties hereto. WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY/OPERA TOR: COMMUNITY TRANSPORTATION COORDINATOR Monroe County Board of County Commissioners [ Agency/Operator Name] Guidance Clinic of the Middle Keys [ Coordinator Name] , , I ',- i ;, (i' 1 t Typed/Printed Name of AuthorIZed Individual Maureen Grynewicz Typed/Printed Name of Authotized Individual Title , \ ,1 i',. , , ! Transportation Director Title J.J~/;h/( Date ' ./1 iI, / Delte ~ftJd >n ~~ llL lQJL.t1 Cr ture Signature ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. The Agency/Operator will be able to provide: (type of service) Ambulatory and wheelchair service, paratransit 2. The Agency/Operator will be available to provide transportation (schedule) Monday thru Friday, 7:00 am to 6:00 pm 3. Days Agency/Operator will not be able to provide services: Service will not be provided on Saturday and Sunday or County holidays 4. Vehicles AgencylOperator will use to transport all passengers(f1eet Iist- if list does not fit in this section, please attach a separate sheet - please also include number of seats and w/c capacity) 5. Vehicle/Equipment Standards Air Conditioning, first aid kit, fire extinguisher, warning triangles, 2 way radios 6. Driver Requirements License type depended on FL DOT requirements, 3 year clean driving record, CPR & First Aid, HIV training, Physicals, Defensive Driving, Drug Screening (see FAG 41-90 and requirements illustrated throughout contract) 7. Training Current CPR and First Aid certification, HIV/AIDS, Defensive Driving, Pre-employment and biennial driver physicals, ADA training (see FAG 41-90 and requirements illustrated throughout contract) 8. Reporting Requirements Quarterly Operating Reports, Annual Review (conducted by CTC) 9. Agency/Operator fare structure $5.70 per one way trip, plus $0.31 per mile in excess of 10 miles per one way trip. Monroe County Transportation will pay a $0.20 administrative fee per one way trip to the CTC. Trips will be reimbursed on a priority of need basis. The priority structure will be as follows: 1 at Priority - Medical (Medical reasons include trips to treatment, the doctor, dentist, chiropractor, the hospital and to purchase prescriptions.) 2nd Priority - School/Day Care 3rd Priority - Other (Other includes transport for the purpose of conducting personal business. - i.e. shopping, going to the bank...) 10. Billingllnvoicing and Reimbursement procedure for Agency/Operator Monthly invoices ATTACHMENT II The Commission for the Transportation Disadvantaged Standards and Performance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be determined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistive devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the Local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, torn upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; (i) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; U) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (I) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistive devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. All vehicles that are not equipped with two-way communications shall have two years to be in compliance after the adoption date of this section of the Rule; (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. Vehicles that do not have a working air conditioner or heater will be scheduled for repair or replacement as soon as possible. All vehicles that are not equipped with an air conditioner shall have two years to be in compliance after the adoption date of this section of the Rule; (p) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan; and (q) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. - lililii! ... ... ... ... ... ... ! ! ! i i ~ !!!!!S "'II ..... ..... .... .... .... ..... ~~~~~ ~ - ~ ~ ~ :: * ~ -:':'ib~ ... '" - - IS ii~li "'II ~J'i~~ ill JJ .. ~ ~!i!ii:::: ')~~iSSi ... .... ... ... ..... I'" ~ wwwWE ... ... ... ... ~ i ~ ~ ~ !! ~ ~ ~ E ~ ~ N N 5 w ~ II:: t:;;: .. 00 ... ... ... ... ... -:;:f ... ... ... ... ... ... ----- ~ l;g.........f 1...1;g..... ;g;g~11 ~ a=pe~, l.liU ~ )C z ~ m C % I~~I~ ~ i ~ j I t,' I ~ i ~ ~ ! 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UI l!: UI - .. ... ~ l:S tl ~ ~ ...........-- ... ... ... ... ... ... ... ... ... ... ... c: ::r ~~~~~I ~~~~~~ ~~~~~ "'II 1i: C <II ... ... ... ... ... ... ... ... ... ... .. ~ :i ffflf IIIIII ffllf ~ 0- m ::J tl D:=~~J"~ =c:~~c; - - - - m S- UI VI UI VI Ut !!l -< ~ ~~~~II ~~~~!~ II~I~ Ii - P;u ~ :n-i {I !II EXHIBIT F (1) 2006 FEDERAL FISCAL YEAR 2005 CERTIFICA nONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: Monroe County Board of County Commissioners The Applicant agrees to comply with applicable requirements of Categories 01- 16. _X_ (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following Categories it has selected: Category Description 01. Required of Each Applicant 02, Lobbying 03. Private Mass Transportation Companies 04. Public Hearing 05. Acquisition of Rolling Stock 06, Bus Testing 07, Charter Service Agreement 08. School Transportation Agreement 09. Demand Responsive Service 10. Alcohol Misuse and Prohibited Drug Use 11, Interest and Other Financing Costs 12. Intelligent Transportation Systems 13. Urbanized Area, JARC, and Clean Fuels Programs 14, Elderly and Persons with Disabilities Program 15, Nonurbanized Area Formula Program 16. State Infrastructure Bank Program EXHIBIT F (2) 2006 FEDERAL FISCAL YEAR 2006 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FI'A assistance and all FI'A Grantees with an active capital or formula project) AFFIRMATION OF APPLICANT Name of Applicant: Monroe County Board of County Commissioners Name and Relationship of Authorized Representative: Charles S. McCoy, Mayor BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and Federal requirements applicable to each application it makes to the Federal Transit Administration (Ff A) in Federal Fiscal Year 2005. Ff A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek Ff A assistance during Federal Fiscal Year 2005, The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to Ff A, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to Ff A. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal Transit program authorized in Chapter 53 or any other statute Signature e under penalties of perjury that the foregoing certifi~ and assurances, and behalf of the Applicant are true and co~'f~,:'u,:":::.:.::,;", ~.,.... " ."'-.-,- , <<):n~~'1~1I05 , \\{.S .....: ",' F;~.~t:~~~< ...~ /J AFFIRMATION OF APPLICANT'S ATI '~,i>:;f*J'U~ L'~~,_.~_~~~~:~;;)~ _ <'. ~ In signing this document, I dec any other statements made by Name Charles S. McCoy, Mayor Authorized Representative of Applicant For (Name of Applicant): Monroe County Board of County Commissioners As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the p~ -~ Signature . Nmne~e ./luff::: Attorney for Applicant Date: 12/21/2005 Each Applicant for IT A fmancial assistance (except 49 U.S,C, 5312(b) assistance) and each ITA Grantee with an active capital or formula project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity, The Applicant may enter its signature in lieu of the Attorney's signature, provided the Applicant has on ftle this Affirmation, signed by the attorney and dated this Federal fiscal year. EXHIBIT H (2006) APPLICANT CERTIFICATION AND ASSURANCE TO FOOT Monroe County Transit (BOCC) The Monroe County Board of County Commissioners certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under U.S.C. Section 5310 dated December 21,2005: 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73 Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the event of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of the vehicles/equipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognizes the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 10)lt will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. 11) It will submit an annual financial audit report to th by the Department. Date: December 21, 2005 Signature: ,;;;~~)W?~~~:": jI~.;,.. '\ \\ "'.",~.",' ~ .~f.~.. ~ \..J *- ,,~- uc~: . \ V')< .. L. C&.IAK W~'" ...~ ,.~~~~\~~'~<\! .. ' , (.~!i&~?, ' " ~CU!IlK , ~~:;;:"'c, CHERRY BEKAERT&. HOLLAND Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: I We have audited the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund infonnation of Monroe County, Florida (the "County") as of and for the year ended September 30, 2004, and have issued our report thereon dated March 18, 2005. We did not audit the financial statements of the Monroe County Housing Finance Authority, the County's discretely presented component unit. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Monroe County Housing Finance Authority, is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the County's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. We noted other matters involving internal control over financial reporting that we have reported to management of the County in a separate management letter dated March 18, 2005. J-1 Compliance and Other Matters As part of obtaining assurance about whether the County's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management, the County Mayor, and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. ~, ~ i H,/2e,~ L. 1-. ~ West Palm Beach, Florida March 18,2005 - J-2 CHERRY BEKAERT&. HOLLAND Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to each Major Federal Awards Program and State Financial Assistance Projects To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: Compliance 1 We have audited the compliance of Monroe County, Florida (the "County") with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2004. The County's major federal awards programs and state financial assistance projects are identified in the summary of auditors' results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal awards programs and state financial assistance projects is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and Chapter 10.550, Rules of the Auditor General. Those standards, OMS Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether non- compliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal awards program or state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. J-3 In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal awards programs and state financial assistance projects for the year ended September 30, 2004. Internal Control over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal awards programs and state financial assistance projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal awards program or state financial assistance project to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that . non-compliance with applicable requirements of laws, regulations, contracts, and grants .. caused by error or fraud that would be material in relation to a major federal awards program or state financial assistance project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of management, the County Mayor and the Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. ~. ~ i ~&-"I L-.L.~ West Palm Beach, Florida March 18, 2005 J-4 THIS PAGE INTENTIONALLY LEFT BLANK I MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Department of Agriculture: Passed through State Department of Elder Affairs and Alliance for Aging: USDA 2004 Department of Commerce: Direct Program: Coastal Impact Asst. Program Passed through Florida Department Of Environmental Protection: Coastal Impact Asst. Program Grant Total Federal Agency Department of Health and Human Services: Passed through State Department of Elder Affairs and Alliance for Aging: Title IIIB Support Services - 2003 Title IIIB Support Services - 2004 Total Program Title IIIC-1 Congregate Meals - 2003 Title IIIC-2 Home Delivered Meals 2003 Title IIIC-1 Congregate Meals - 2004 Title IIIC-2 Home Delivered Meals 2004 Total Program Title III-E In-Home Services - 2003 Title III-E In-Home Services - 2004 Total Program Passed through Florida Department of Revenue: Child Support Enforcement Title IV-D Passed through State Department of Community Affairs: Low Income Home Energy Assistance Prog 2003 Low Income Home Energy Assistance prog 2004 Total Program Total Federal Agency Department of Housing and Urban Development Passed through State Department of Community Affairs: Community Development Block Grant The accompanying notes are an integral part of this schedule. J-5 CFDA Number 10.570 11.419 11.419 - 93.044 93.044 93.045 93.045 93.045 93.045 93.052 93.052 93.563 93.568 93.568 14.228 Contract Grant Number Expenditures US451 27,665 NA170Z2123 98,232 GOO07 80,058 178,290 r AA329 4,052 AA429 80,274 84,326 AA329 13,632 AA329 2,500 AA429 108,247 AA429 118,044 242,423 AA329 15,076 AA429 29,397 44,473 CC344 113,332 03EA-3R-11-54-01-018 20,320 04EA-4P-11-54-01-019 41,895 62,215 546,769 03DB-1A-11-54-01-H32 34,689 (Continued) J-6 MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Department of Justice: Direct Program: Bureau of Justice Assistance: Local Law Enforcement Block Grant Local Law Enforcement Block Grant Total Program Passed through Office of the Attorney General: Federal Asset Sharing Forfeiture Program Victims of Crime Acts Total Program Passed through Florida Department of Law Enforcement: Byrne Formula Grant Program- Intoxilizer 8000-Phase 1 - 2004 Byrne Formula Grant Program- Sunrise House - 2004 Byrne Formula Grant Program- Street Smart Gang Prevention - 2004 Byrne Formula Grant Program- Residential Drug and Alcohol Treatment - 2004 Byrne Formula Grant Program- Monroe Youth Challenge Program - 2004 Byrne Formula Grant Program- Peacock - 2004 Total Program Residential Substance Abuse Treatment for State Prisoners - 2003 Residential Substance Abuse Treatment for State Prisoners - 2004 Total Program Total Federal Agency Executive Office of the President: Direct Program: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas The accompanying notes are an integral part of this schedule. J-7 CFDA Number 16.592 16.592 16.000 16.575 16.579 16.579 16.579 16.579 16.579 16.579 - 16.593 16.593 07.13PMIP586 07.13PPRP578 07.13PMIP598 07.13PMIP999 07.14PMIP586 07.14PMIP999 07.14PMIP598 07.14PPRP578 07.14PMIP5980 07.14PMIP800Z 07.19PPRP578 Contract Grant Number Expenditures 2001-LB-BX-1575 39,078 2002-LB-BX-0240 88,050 127,128 2,225 V3036 235,997 238,222 1 04-CJ-2H-11-54-0 1-250 19,050 04-CJ-J3-11-54-0 1-0 17 50,689 04-CJ-J3-11-54-01-016 34,032 04-CJ-J3-11-54-0 1-0 18 16,421 04-CJ-J3-11-54-0 1-0 19 56,077 04-CJ-J3-11-54-0 1-020 29,788 206,057 03-CJ-2J-11-54-0 1-006 77,879 04-CJ-7 J-11-54-0 1-006 51,415 129,294 700,701 13PMIP586 13PPRP578 13PMIP598 13PMIP999 14PMIP586 14PMIP999 14PMIP598 14PPRP578 14PMIP5980 14PMIP800Z 19PPRP578 4,095,911 3,031,365 1,630,340 158,862 5,013,743 350 448,146 3,158,523 5,576 1,000 184,965 (Continued) J-8 MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Executive Office of the President Continued: High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas High Intensity Drug Trafficking Areas Total Federal Agency Department of Transportation: Direct Program: Federal Aviation Administration: Key West AIP-3715 Key West AIP-3717 Key West AIP-3718 Key West AIP-3720 Key West AIP-3721 Key West AIP-3722 Key West AIP-3723 Key West AIP-3724 Key West AIP-3725 The accompanying notes are an integral part of this schedule. J-9 CFDA Number 07.19PMIP598 07.IOPMIP5109 07.IOPPRP578 07.IOPMIP5980 07.11 PMIP5108 07.11 PMIP5109 07.11 PPRP578 07.11 PMIP5980 07.11 PMIP586 07.12MIP5108 07.12PMIP5109 07.12PPRP578 07 .12PMI P598 07 .12PMI P5981 07.12PMIP582 07.12PMIP585 07.12PMIP586 07.12PMIP590 07.12MOP5980 07.12PMIP5116 07.12PMIP5117 I 20.1 06 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 Contract Grant Number I 19PMIP598 IOPMIP5109 IOPPRP578 IOPMIP5980 11PMIP5108 11PMIP5109 11 PPRP578 11 PMIP5980 11PMIP586 12MIP5108 12PMIP5109 12PPRP578 12PMIP598 12PMIP5981 12PMIP582 12PMIP585 12PMIP586 12PMIP590 12MOP5980 12PMIP5116 12PMIP5117 3-12-0037-1501 3-12-0037-1702 3-12-0037-1802 3-12-0037-020-2003 3-12-0037-021-2003 3-12-0037 -022-2003 3-12-0037-023-2004 3-12-0037-024-2004 3-12-0037 -025-2004 J-10 Expenditures 13 36,489 -1,333 103,935 6,209 152,054 66,253 766,040 18,602 120 285,986 382,243 287,440 3,790,447 160,580 25,799 98,147 5,010 323,917 5,530 1,551 24,243,813 108,136 3,821 429,360 519,082 1,701,698 401,617 6,888 165,238 12,569 (Continued) MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 Federal/State Agency, Pass-through Entity Federal Proaram/State Proiect Department of Transportation Continued: Key West AIP-3726 Marathon AIP-4416 Marathon AIP-4418 Marathon AIP-4419 Marathon AIP-4420 Total Program Transportation Safety Administration Total Federal Agency Federal Emergency Management Agency: Passed through State Department of Community Affairs: Hurricane Georges - FEMA-DR-1249-FL EMA State and Local Assistance FY 03 EMA State and Local Assistance FY 04 Total Program Continuity of Operations Plan EMA Response Team FY 03 Total Federal Agency Department of Homeland Security: Passed through State Department of Community Affairs: Tropical Storm Bonnie and Hurricane Charley - FEMA-DR-1539-FL Tropical Storm Bonnie and Hurricane Charley - FEMA-DR-1539-FL Hurricane Frances - FEMA-DR-1545-FL Hurricane Ivan - FEMA-DR-1551-FL Hurricane Ivan - FEMA-DR-1551-FL Total Federal Agency National Endowment for the Humanities: General Preservation Assessment United States Treasury Department: Passed through Office of the Attorney General: Federal Asset Sharing Forfeiture Program Total Expenditures of Federal Awards The accompanying notes are an integral part of this schedule. J-11 CFDA Number 20.106 20.106 20.1 06 20.106 20.106 20.1 08 83.548 83.552 83.552 I 83.562 83.564 97.036 97.036 97.036 97.036 97.036 45.149 21.000 Contract Grant Number 3-12-0037 -026-2004 3-12-0044-1601 3-12-0044-018-2003 3-12-0044-019-2004 3-12-0044-020-2004 2004-G-006 1 01 U N-6P-11-54-15-007 03-BG-04-11-54-0 1-044 04-BG-04-11-54-0 1-044 03-FT -1 B-11-54-0 1-469 03-CT -95-11-54-01-372 05-PA-C%-11-54-01-942 05-P A-C%-11-54-00-952 05-PA-G%-11-54-01-962 05-P A-G--11-54-0 1-588 05-PA-G=-11-54-23-544 PA-50276-04 J-12 Expenditures 760 16,794 65,493 22,046 32,216 3,485,718 110,000 3,595,718 9,633 8,834 25,454 34,288 25,000 6,271 75,192 87,563 27,941 47,272 181,405 20,152 364,333 3,236 3,321,203 $ 33,091,609 (Continued) MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 State Aaency Name Florida Department of Community Affairs: Emergency Management Base Grant - 2004 Hazardous Material Emergency Plan-2004 Total Department Florida Department of Children and Families: Community Care for Disabled Adults 2003 Community Care for Disabled Adults 2004 Total Department Florida Department of Elder Affairs: Passed through The Alliance for Aging: Home Care for the Elderly - 2003 Home Care for the Elderly - 2004 Total Program Alzheimer's Disease Initiative - 2003 Alzheimer's Disease Initiative - 2004 Total Program Community Care for Elderly 2003 Community Care for Elderly 2004 Total Program Total Department Florida Department of Environmental Protection: Small Counties Solid Waste -2004 Florida Department of Health and Rehabilitative Services: EMS Rural Matching Grant EMS County Award 2002 EMS County Award 2003 Total Program Total Department Florida Department of Justice Administration: Child Dependency Counsel * Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. J-13 CSFA Number 52.008 52.023 60.008 60.008 65.001 65.001 - 65.004 65.004 65.010 65.010 37.012 64.003 64.005 64.005 21 .001 Contract Grant Number Expenditures 04-BG-04-11-54-0 1-044 04-CP-11-11-54-01-045 102,959 3,238 106,197 KG-047 KG-051 48,375 12,525 60,900 KH-372 35,167 1 KH-472 13,002 48,169 KZ397 61,916 KZ497 18,472 80,388 KC371 306,819 KC471 63,753 370,572 499,129 SC424 117,647 R2013 C2044 C3044 37,722 8,895 21,002 29,897 67,619 40,028 J-14 Transfer To Subreciplents* (Continued) MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 State Aaencv Name Florida Department of Juvenile Justice: Intensive Delinquency Diversion Service Civil Citation Program Total Department Florida Department of Law Enforcement: Intoxilizer 8000 - Phase 1 - 2004 Florida Department of State: State Aid to Libraries Historic Buildings Survey Project Total Department Florida Department of Transportation: Bicycle & Pedestrian Plan 2003 Florida Keys Scenic Highway Planning Overseas Heritage Trail Design & Construction Overseas Heritage Trail Safety Project Total Program Transportation Planning Assistance Small County Outreach Program Small County Outreach Program Total Program Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport Key West Airport * Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. J-15 CSFA Number 80.022 45.030 45.031 I 52.004 55.003 55.008 55.008 55.009 55.009 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 55.004 Contract Grant Number Expenditures P6K01 CC006 167,409 21,561 188,970 6,350 04-ST -37 143,028 S3075 13,125 156,153 I FM#25207711401/AM102 73,355 FM#25207711401/AL652 25,001 AL005/FM#410504-1-54-01 263,172 AL 146/FM#41 0504-1-54-02 21,396 284,568 25222811403/A1893 69,818 4108471 945,639 4108481 488,444 1,434,083 25436918401/AF776 10,237 25437518401/AG177 24,787 41265919401/AL021 23,853 41265819401/AL023 258 41286519401/AL288 386,528 41458418401/AN103 793,586 41459819401/ANB43 57,511 41646819401/AN112 9,564 41253519401/ANJ94 44 41468319401/ANL56 1,185 41646419401/ANL57 3,604 41646919401/ANK50 89 J-16 Transfer To Subrecipients* (Continued) MONROE COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2004 State Aaencv Name Florida Department of Transportation Continued: Key West & Marathon Airport Marathon Airport Marathon Airport Marathon Airport Marathon Airport Marathon Airport Marathon Airport Total Program Total Department Florida Fish & Wildlife Conservation Commission: BIF Public Launch Facilities Boating Improvement Fund Total Department Florida Housing Finance Corp.: State Housing Initiative Program State Housing Initiative Program State Housing Initiative Program Total Department Office of the State Courts Administration: Civil Traffic Hearing Officer Total Expenditures of State Financial Assistance * Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. J-17 CSFA Number 55.004 55.004 55.004 55.004 55.004 55.004 55.004 77.006 77.006 - 52.901 52.901 52.901 22.001 Contract Grant Number 25426919402/AK043 25437718401/AF765 41078019401/AJ816 41077919401/AJ815 41280719401/AL024 41469319401/ANJ95 41468419401/ANJ96 FWCC 01244 1 SHIP 01-02 PLAN 4 YR 1 SHIP 02-03 PLAN 4 YR 2 SHIP 03-04 PLAN 4 YR 3 J-18 Expenditures 121,524 2,552 1,818 23,211 7,585 622 8,124 1,476,682 3,363,507 13,750 319,794 333,544 171,000 255,548 106,390 532,938 12,946 $ 5,485,928 $ Transfer To Subrecipients* Monroe County, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance For The Year Ended September 30, 2004 Note 1 - Reporting Entity For reporting entity purposes, the Schedule of Federal Awards and State Financial Assistance include the activities of the Monroe County primary government and its blended component units. Note 2 - Summary of Significant Accounting Policies The accounting policies and presentation of the Schedule of Expenditures of Federal Awards and State Financial Assistance are in accordance with accounting principles generally accepted in the United States of America as applicable to governmental organizations. - J-19 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs - Federal Awards Programs and State Financial Assistance Projects For the year ended September 30, 2004 PART I - SUMMARY OF AUDITORS' RESULTS 1. The Independent Auditors' Report on the financial statements expresses unqualified opinions. 2. No reportable conditions relating to the audit of the financial statements are reported in the Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements in Accordance with Government Auditing Standards. 3. No instances of noncompliance material to the financial statements of Monroe County, Florida were disclosed during the audit. 4. No reportable conditions relating to the audit of major federal or state financial assistance projects are reported in the Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to Each Major Federal Awards Program and State Financial Assistance Projects. I 5. The Independent Auditors' Report on Compliance for Each Major Federal Awards Program and State Financial Assistance Projects expresses an unqualified opinion. 6. No audit findings relative to major federal awards programs for Monroe County, Florida are reported in this Schedule. 7. No audit findings relative to major state financial assistance projects for Monroe County, Florida are reported in this Schedule. 8. The threshold for distinguishing Type A and Type B programs/projects was $992,748 for major federal awards programs and $300,000 for major state financial assistance projects. 9. The County qualified as a low-risk auditee for federal Single Audit purposes, as that term is defined in OMB Circular A-133. 10. The programs/projects tested as major programs/projects included the following: Federal Programs Federal CFDA No. High Intensity Drug Trafficking Areas 07.000 Federal Aviation Administration 20.106 J-20 MONROE COUNTY, FLORIDA Schedule of Findings and Questioned Costs - Federal Awards Programs and State Financial Assistance Projects For the year ended September 30, 2004 PART I - SUMMARY OF AUDITORS' RESULTS (CONTINUED) State Projects State CSF A No. Key West/Marathon Airports 55.004 55.009 Small County Outreach Programs PART 11- FINDINGS - FINANCIAL STATEMENTS This section identifies the reportable conditions, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported in accordance with Government Auditing Standards. None reported. PART III - FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARDS PROGRAMS I There are no findings or questioned costs reported. PART IV - FINDINGS AND QUESTIONED COSTS - MAJOR STATE FINANCIAL ASSISTANCE PROJECTS There are no findings. or questioned costs reported. J-21 Monroe County, Florida Summary Schedule of Prior Audit Findings and Corrective Action Plan Federal Awards Programs and State Projects For the Year Ended September 30,2004 Prior Year Audit Findinas: There were no audit findings in the prior year independent auditors' reports that required corrective action. Corrective Action Plan: There were no audit findings in the current year independent auditors' reports that required corrective action. I J-22 CHERRY BEKAERT& HOLLAND Independent Auditors' Management Letter To the Honorable Mayor and Board of County Commissioners of Monroe County, Florida: We have audited the basic financial statements of Monroe County, Florida (the "County") as of and for the year ended September 30, 2004, and have issued our report thereon dated March 18, 2005. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Monroe County Housing Finance Authority, a discretely presented component unit of the County. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for the Monroe County Housing Finance Authority is based solely on the report of other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and our Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to each Major Federal Awards Program and State Financial Assistance Project. Disclosures in these reports, which are dated March 18, 2005, should be considered in conjunction with this management letter. - Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1 )(h)1) require that we address in the management letter, if not already addressed in the auditors' reports on internal controls, compliance and other matters or schedule of findings and questioned costs, whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. There were no findings in the preceding annual financial audit report. The Rules of the Auditor General (Section 10.554(1 )(h)2) state that a management letter shall have a statement as to whether or not the County complied with Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit of the basic financial statements of the County, the results of our tests did not indicate that the County was in noncompliance with Section 218.415 regarding the investment of public funds. The Rules of the Auditor General (Section 10.554(1)(h)3) require disclosure in the management letter of any recommendations to improve the County's management, accounting procedures, and internal controls. There were no recommendations in connection with the fiscal 2004 financial statement audit. J-23 The Rules of the Auditor General (Section 10.554(1)(h)4) require disclosure in the management letter of the following matters if not already addressed in the auditors' reports on compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. There were no such matters noted. The Rules of the Auditor General (Section 10.554(1)(h)5) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in notes to the financial statements. As required by the Rules of the Auditor General (Section 10.554(1)(h)6.a.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding financial emergencies. In connection with our audit of the financial statements of the County, the results of our tests did not indicate that the County met any of the specified conditions of a financial emergency contained in Section 218.503(1). However, our audit does not provide a legal determination on the County's compliance with this requirement. J The Rules of the Auditor General (Section 10.554(1 )(h)6.b.) state that a management letter shall include a statement as to whether or not the financial report filed with the Florida Department of Financial Services, pursuant to Section 218.32, Florida Statutes, is in agreement with the annual financial audit report for the current audit period and, if not, explanations of any significant differences. It should be noted that the County's basic financial statements contain a discretely presented component unit, defined as part of the reporting entity under accounting principles generally accepted in the United States of America, for which the County has not been deemed the local governing authority for purpose of the annual report. In connection with our audit of the County, the results of our tests indicate that the annual financial report for the year ended September 30, 2004, filed with the Department of Financial Services, is in agreement with the annual financial audit report for the current audit period. As required by the Rules of the Auditor General (Sections 10.554(1)(h)6.c. and 10.556), the scope of our audit included financial condition assessment procedures as of September 30, 2004. It is management's responsibility to monitor the County's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. The financial condition assessment procedures described above disclosed no deteriorating financial conditions. This report is intended solely for the information and use of management, the County Mayor and Board of County Commissioners of Monroe County, Florida, and applicable state and federal agencies, and is not intended to be and should not be used by anyone other than these specified parties. C/l-"1-, ~ i~, L.L.P' West Palm Beach, Florida March 18, 2005 J-24 THIS PAGE INTENTIONALLY LEFT BLANK I