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Backup Documents 04/02/1999 E
EMERGENCY MEETING OF THE BOARD OF COUNIY COMMISSIONERS APRIL 2, 1999 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA EMERGENCY MEETING Friday, April 2, 1999 2:30 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON AN~' AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGEndA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Discussion regarding the cancellation of the Good Wheels contract and the continuation of service of the Transportation Disadvantaged Program. Memorandum of Agreement between the BCC and the Transportation Disadvantaged - Approved with changes; Contract approved with Comsis Mobility/Intelitran on cost plus basis! Resolution 99-188 re authorizing the filing of a Trust Fund Grant Application for fiscal year beginning July - Adopted~ and Budget Amendment authorized not to exceed $100,000 - Approved 3. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINSTRATOR'S OFFICE AT 774-8383. MEMORA~-DUM Date: To: From: Re: April 5, 1999 David Weigel, County Attorney Office of the County Attorney Ellie Hoffman, Deputy Clerk Minutes & Records Department Emergency Meeting of the Board of County Commissioners to Cancel the Goodwheels Contract and the Continuation of Service of the Transportation Disadvantaged Program Enclosed please find copies of the pertinent documents relating to the above-referenced meeting of April 2, 1999. The three originals of the Memorandum of Agreement were given to Gavin Jones to forward to Tallahassee for the required signature, and upon completion, he will return one fully executed original to Minutes and Records. If you should have any questions, please contact me at: (8406) . Thank you. Enclosures Agenda Item # 3 Contrac; ~~ Attachment D Collier LCB 04/0i/99 Effeztive' '-4/..'?!c~cl tO C,I ~ ~cV.i STATE-" OF FLORIDA CO.MMISS[ON FOR THE TtL'kNSPORTATION DISADVANTAGED ME*IOR.&NDL~I OF AGREEMENT This Memorandum of Agreement is between the COMMISSION FOR THE TP-.-A, NSPORTATION DISADVANTAGED. hereby referred to as the 'Commission.' and the COMMUNITY TIL~.NSPORTATION COORDINATOR desim'"ated pursuant to Chapter '")- · ' ~ , serve the trar,,.sportation disadvantaged for the conununitS., that includes the entire area of Collier "Coordinator." __ counD'(ies), and herea~e:' r=fe,q'ed [o as the This A~eement is made in consideration of the muraal benefits to both parties' said cons:de,-at~on acknowledged hereto by ',..he parties as good and valuable cortsideration. The Parties Agreei I. The Coordinator Shall: Bo Bezome and remain totally apprised of all of the '.r'ranaportation DisadVantaged resources available or planned in their designated service area. This knowledge will be used Io plan. coordinate, and implement the most cost effective transportation disadvana~ed transit system possible under the economic and other conditioms that exist in the design,ate~ ser,,'me area. Plan and work with Commumry Transportation Coordinators in adjacent and other areas of the state to coordinate the provision of community trips that mi~t be M. ndled at a lower overall cost ro the community by another Coordinator. This includes hononng any Commission-approved statewide certification program that allows for intercounry transportation opportunities. Arrange for all services in accordance with Chapter 427. Florida Statutes. and Rule 41-2. FAC. and as further required by the Corrimission aad the local Coordinatin~ Board approved Transportation Disadvantaged Service Plan. ' Re,'ura aa,. acqmre~ profits or surplus funds orl-'z_~nat~n~ through ~e course er ,.'>us~ness a., Coorcl~nalor ~.~at are beyond the amounts(s) spec'tficall,,: ~dentifiecl anc:, appro., cc ~n thc acco:'n, panymg Transpor',.auon D~sadvanraged Service Plan. Such Drof:t.s ,or r'-'n,.:s s~.al', be re:ar'ned :o t.qe Coorchnator s transpo,'"tat~on sys em or to an,,' subsequent Co,>re~na~or. as a =o=al transportation system subs;cl.,,, to be applied to the ~,'"m"nedtate followmg operational ,, ear Tl",e Coordmator v.'tll mclude stm:lar language m all coordination contracts ~o assure ,,.,.s.,. .... ,on disadvan:aged re!a~ecl revenues are put ba.zk :nto t:'ansDortat;or: d~sacl,.'anra~:ed serv:ces. ' Ac,:ompilsh th~s PrOJect by: Developing a Transportation Disadvantaged Service Plan for approvai bv Coordinating Board and the Comsr, ission. Coordinators ',,,'1':..o are nev.':v e-"signa~ed ro a o particular ser'v~ce area shall submit a local Coordir'.ating Board approved Transportation Disadvanr. aged Set-vice Plan, wi~in ~ calenda.: da.rs followmg execuz~on of the Coordinator's initial memorandum of agreerr:em v,'~t.h Commission. for approval by the Commission. ,~dl subsequent Tr~?,.spor',.,-mon Disadvantaged Ser'v~e Plans shall be submit'zed and approved v,..i~ the .... ~ orTe.C, D(., ,~ ii-lg memorandum of agreement. The approved Trar,,sportat~on Dlsad'.'ant~2ed Se,'-','~c.~ Plan '.vii! be implemented and monitored to provide for commumr~'-wide t.ran.spor-tat;on sec'ices for purcl'mse by non-sponsored transportation disadv'an=~zect persons, co,,tracting social service agencies, and other entities t,Mt use Ioc~j su,,e or go:'e,.'-ru'nent fun~ for tl",e purchase of transportation for the transae:--a.: on disadvantaged. Max~m:.zmg the use of available public school transportation resources and puk, i~c route or Ftxed schedule transit set'vices and assuring that pn','ate or public transit. paratraas~t operators, and school boards have been afforded a fair oppornw,:;). par'uc~pate to the maximum extent feasible in the plamqmg process &"Id in development of the provisions of the Transportation Disadvantaged Service Plan fo." uhe transportation disadvantag.,:,d. Providing or arrangmg 24.-hour, 7-day per week transportation disadvantaged se,'-v~ce as required in the designated service area by any Federal, State or Local G-overnment agency sponsoring such services. The provision of said services shall be furmshed in accordance with the prior notification requirements identified in the local Coordh.-~atlng Board and Commission approved Transportation Di.sadvantaged Service Plan. Complying with all local, state, and federal laws and regulations that apply to thc provision of ,'ransportation disadvantaged services. Submitting to the Commission an Annual Opera~ing Report detailing demographic, operational, and financial data regarding coordination activities in the designated service area. The report shall be prepared c.~ forms provided by the'Corm'nission and according to the in. str'ac,,ion, s of said forum. F. Comply wzth Audzt and Record Keepm$ Reqmrements by' L:t~J~zinR the Corrtm~ss~on reco~mzed Chart of AccounLs defined m uh,: .4ccountmg Consortium. Model Unilb~ Accou.~ing System for Rurci an~' 3oec:,';.::c.:' Tra~po~atton Providers (umfo~ accounting system) for all ~spo~t~on disadvantaged accounting and reporting pu~oses. Core, umw, Coordinators wi~ existing and equwalenr accoununc systems are nor recurred · e Cha~ of Accoun~ in lieu.o'f ~e:r existing cram of Accounts bu: shall prepare reports, invoices, and fiscal documents retatin~ to the rra~o~at~on d~sadva .... f~ncaons and activities using the cha~ of accounm and accounrmc de:Sn::,.ons as oudined in the above referenced man~l. Assuming the responsibility, of invoicing for any transportation services art, anted. unless otherwise stipulated by a purchase of semice contract or coordinar~o.n contra.:: Maintaining and filing with, the Cor::anission. local Coordinatin~ Board. and ail purchasing agencies/entities such pro,cress, fiscal inventor-v and ot~'- ,,.,-,.,-,.: -, ' ' · ..... , ......... entities ma',,' require during the per~od of ti'ds A_m',eemen.,. Providing copies of finance and compliance audits to the Commisslen and Coordinating Board as requested by the Commission or Coordinating Board Ret. nih all financial records, supporting documents, statistical records, and an,.' or:lc: documents per'tinent to this Agreement for a period of five (5) years after t:.,~. ~aat~cn of th:s Agree,.ment. if an audit has been ~rutiated ~d audIt f;mdin~,s have not been resot,.'::d a: ;he e::d of five (5) .,,'ears. the records shall be retained until resolution of the audit 2r:dtngs D'.:, Coordinator sl'.all assure that these records shall be subject to impeztlon, r:,,'~:v<, or aad~: at all reasonable times by persons duly authorized bv the Commission or this A'z.".:.-:.'-:v.:nt. Thev shall have full access to and the right to examine an,,' of the said records and dec:.~ments during the retention period. Comply with Safety Requirements by' Complying with Section 341.051. F.S.. and Rule 14-90. FAC. conce:-ninfz Safety.; or complying with Chapter 234.051 F.S. revardin~ school bus ",, · ' , requirements for those services provided through a sc~ool b~ard: and Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. Conduct drug and alcohol testing for safets' 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. Comply with Commission insurance requirements by maintaining at least mimmum Imbil~tv insurance coverage in the amount of $ I(30.000 for any one person and $200,000 per occurrence at all times during the existence of this Agreement. Upon the execution of th~s Agreement. the Coordinator shall add the Commission as an additional named insured to all insurance poJlctes co'.'ermg ,,'ehlcJes transportlnR the Lransportat~on d~sad,.ar, ta .... event or' any cancellatmn or changes tn the limits of l~abil~t.,,' tn the m_suranc:: n;,~ ...... a~en: or broker shah noti~' me Comm:ssion. The Coordinator r. ontra,:t:ng Tra:',.sportauon Operators also ~q'lal~ln the s~"'lle rni,q:mum ilabliit,. ~r', equal ~o;'¢,'T,.men~i insurance prosram. School board vehtcte m.suranc~ :.ov~ra~e snal, be in accordance w:th Section 234.03, F.S.. and 234.21!, F.S. Insurance co'.'era~ ~n $] mill:on per oc~urr, ence must be approved bv the Comm:sslon and the Ioc~; Board before inclusion m the Tr~portauon Disadvantaged Ser~'~ce Plan or Jr: the lus~:9, ca::or, e:' rates and fare structures. Ko Safeguard infor'mal~on by no,, using or d:scJosln~ any ~m"orrnatlon conce:"n::,~ serv:ces under this A~reemeat for any purpose not in conforrn;~ federal regulauons (45 CFR, Part 205.50), except ~pon order of a court, the recipient, or h~s,'her responsible parent or guardian when authorized bv Protect Civil Righus by: Complying with Title VI of the Civil Rights Act of 1964 and Section RehabiliLation Act of 1973, as amended. The Coordinator gl','es consideration of and for the purpose of obtairfing federal grants, toan_s, c()r~,tracu: (except contracts of insurance or guaranty), proper'ry, discounts, or oti",er feder:4i financial ass:stance to programs or activities rece:vin~ or bene,qunz from federhi financ:al assisu'mce and agreeing to complete a Civil Ri~,hts Cor'n. pJJance if so requested by the Commission. Coordinator shall also assure compt~ancz v.~:.'-, Title VI of the Civil Rights Act of 1964, as amended. 42 U.S C. 2930,d e: seq.. which prohib:ts discnminat:on on the basis of race. color, or nat:onal or~z~n m programs and acuvtties rece:vmg or benefiting from federal flnanc~ai a:,'~stav, ce. Section 504 of ',.he Rehabilitation Act of 1973. as amended. 29 L:.S.C. which prohibir_s disc,'-imlnation on the basis of handicap in .prograr-n.s acuvmes receiving or benefiting from federal f'manciai assJstnnce. Title IX of the EducaUon Amendments of 1972, as amended, 20 U.S.C 16Sl et seq., wNch prohibits discrimination on the basis of sex in educa:ton programs and activities rece:ving or benefiUng fi'om federal financial assistance. do The Age Discrimination Act of 1975, as amended, 42 U.S.C. 610i et seq.. which prohibits discrimination on the basis of age in prograrr~ or acu;'~ties receiving or benefiting from fede,-al financial assistance. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35. which prok~bits discrimination on the basis of sex and religion in programs and act:,,'it~es receiving or benefiting from federal financial assistance. All regulation, s. guidelines, and standards lawfully adopted undcr the above S~ttl{es. ~ The Americans ~t~ D~$abdlttes Act or 199,3. as ~: ma'. [o time. .a,.gre:mg d",at compi;anc: ~ ~tl", th~s assura_.Jc: con.statures a condition re:er,pt of er ber'.e,qt from federal leant:al ass:suance, and that tt Coord:nator. tis successors, subcontractors, trar,,_sferee, and assignees tot tae ,per:.,,: ,.,u, mg-' '" . which such ass~stmnce ~s provided. Assurm~. mat ail operators, s,..bcon ..... ...... = .... 's. subgrantee, or others v,.Ith whom the Coordinator arranges ',o pro,,'tde serv,ces benefir, s to par't~c, lpants or emialoyees in cormect~on with an,.' of ~ programs and ,,,..s are not d~scnm:natmg agamst those part~c~panu, or empic,.', c:s ~r', ,.';,01at;o':; or' a,::i'.':'"-' . the a0ove statutes, regulations, guider~nes, and s~ndarc:s. In ',he comply, the Coordmator agrees that the Corrwnlss;on ma.,,', at ~ts des:reckon. court order requiring compliance with the terms of this assurance or seek other a?propr~ate judicial or admimstrat;ve relief', ro mclud',: ass~stnnc~: be:n~: te:'r,:;n,::e.', and, far=her assistance bemg denied. Inde,'Tmlh..' and hold harrme.s the Commission and all of the Comm~ssion's members, oI:.,cers. ag,:nt.s, and empioyees: purchasing agency/entity officers, agents, and emplc, ye:s: and local, state, and federal governmenks from an,,' claim, loss, damage, cos~. charge or arising out of an.,,' act. acnon, neglect or omission by the Coordinator durra< the perfor'r:.,:aa:e of th~s A~eement, whether direct or indirect, and whether to an.',,' person or prope=y cc,. wmch the Corr,.m:ssion or said par'ties may be subject, except that neither the Coordinator no," an,,' of tis sub-conL'actors ',,.'iii be liable under this sect/on for damages arisme ou~ of :n.~u:-y or dama,~e to persons or property dire:dy caused or resulting from the sole ne~li~:n:.e of Corn.,'rasslon or an',' of ~ts members, officers, agents er employe'~s: pur:.?,as~ng ag:nov :,".::~'. officers, a,~-nts, and employees: and local, state, or fede,"al ~overnments ."4oth~r,,z her::- intended to serve as a ,,.v~ver of sovereign immunit'y by an,,, agency/enuD' or Coord:.nat,?: v,.h=ch so','ere:=n ~rnmunits' ma',,' be applicable. Nothing hereto shall be co,"~tr-ded as by a state ag:ncy,'entl~ or poliucal subdivision of the State of Florida or the federal gore,re, meat to be sued by thJ. rd parties in any matter a.risini~ out of any Agreemem or contract. Not'v,,'itlSstanding the foregoing, pursuant to Section 768.2S. Florida Sb:~rutes. a~encv or subdt¥iston of the state shall be required to indem.mfy, msure, or assume an,, liability for the Comamssion's negligence. Comply ,,,,'~th standards and perfo,,mnance requirements of the Corruwdssion. the Cc, ord~na::ng Board approved Transportation Disadvanuged Ser','ice Plan. and an,',' purchase of ser','tce contractmg agencies/entities. Failure to meet the requtrements or obliganons set forth tn this MOA. 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 re:mbursement invoices untll such deficiencies have been addressed or corrected to the sat,sfaction of the Con'a'mssion. Comply with subcontracting requirements by executmg or negotiating contracts for trar,,.sportation services with Transportation Oper:.tors. and a..ssunng that the conditions of such contracts are mamtained. The requirement~ of Part 1. Paragraph E.5. tl~-ough M are to be ~nctuded in ali contracts.~subcontracts, coordination contracts, and assignmen:s made b,. the Coordinator for ser'vlces under Lhis Agreement. Said contracts, su~ontracts, cc,,cedinauon contracts, and asstg,"tments will be reviewed and apprc, ve~ loca! Coerdmaung Board for conformance g~th the requirements Comply v,'~th the following r¢c:u,rements concermng drivers and vehicles Drivers for paratrans~t services, tnctud;ng coordination contractors, s~;a,I be to armounce and Mentl~.' themselves by name and company ~n a manner conducive to comcnunicat~ons.,with the specific passenger, t:pon ptckn~? group of riders, or representative, gtiardian, or asscx:iate of the r~Cer except st.r,.~attons where the driver regularly transports the rider on a recurT,:nc bas':s. driver must have photo ldentification that is in view of rhe passenger Name patches. ~nscriptio~ or badges that affix to driver clothing are acceptabie. For ti'anser the dr~ver photoidentification shall be in a conspicuous loc, at:on h,. tP, e The paratransit driver shall provide the passenger with boarding assistance. ~' necessar2,,' or requested, to the seating portion of' the vehicle The board:ne ass:stance shall include opening the vehicle door, fastenimz the seat belt or utilization wheelchair securement devices, storage of mob~'lity a.ssistive devices, and closing: vehicle door. In certam paratran.sit service categories, the driver may also be recruited to open and close doors to buildings, except in situations in which assistance tn opening/closing building doors would not be safe for pa.ssen~ers remamine on ti'~e vehicle. Assisted access must be in a dignified manner. Drivers ma,.' not assis't wheelchair up or crown more than one step. urdess it can be performed safely as determined by the passenger, g'aardian, and driver. All vehicles ordered or put into service after adoption of this section of thc Rule, ,,nd providing sec'ice wtthm the coordinated system, shall be equipped with tw'o-wav CO1T'u'TlUP~Catior~ Lq good working order arid be audible to the driver at all times to the base..&Il vehicles that are not equipped with ,'wo-wav cemmunication_s s~:ail have two years to be in compliance as specified in Rule al-2. All vehacles ordered or put into service after the adoption of this section of the Ruie. and providing service withan the ccyordinatect system, shall have working air conditioners and heaters tn 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 and/or heater shall have ts,,o years to be in compliance as specified in Rule 41-2. Comply with other requirements as follows: Transport an escort of a passeng,..,r and dependent children as locally negotiated and identified m the local Transportation Disadvantaged Service Pla,'~. Deter'mine locally in the Transportation Disadvantaged Service Plan. the use, responsibility, and cost of child restraint devices. 6 II. Transport ~'~th the passen*.er at no addluon.'~l ~.har~e , c;~Jed by the passen~¢~ andlor d~Jv~ m one [~p and can be ~a~..~ .... vehicle. Addmonal reqmremenLs m;y be n¢[o[ia[~d for c~'ln~ and proper[ybeyond[hJs~mount. Pass~n[¢rprop¢~d~sno[incJud~ ~'hc~cKJ::s ~.; ......... ,,.,~. secured oxygen, petsona~ assls[Iv¢ dev,.cos, or Im~a~zn,.~us ~:., - .... ~.r. .se;un:;',. and safe:',' of passen,_::~s a: v~, ..... 'lc ,,'-~n~ .... ?o~nt.s POSL a local or other toii-fre~ fi'umber for complamLS or grievances ~ns~d: each, The local compiaint process shall be outlined as a section ~n the Iota', D~sadvanta_~d Sen'ice Plan including advising the dissatisfied p¢:'sen about th:: Co,"m"nission's Ombudsman Program as a step v,'mhm t.he process as a??r::,ved b,. local Coordinating Board. Prov:de out-of-service-area trips, when determined lc<ally and a?~ro'.,,.',,..1 Coordinatin~ Board. except in in.stances where local ordinancex er,-',n.~. Kee2 m:enor of all vehicles free from dl,,. grime, oz:. tr..~h. ~.,rr. ;::;,'-.,ds::::'-',. c..i.-:;aze::2 er broken seals, protruding metal or other objects or materials 'ah:ch c~>u!d s'~i =::ms placed tn ~e ',,'ehicle or provide discomfort for the passenger. Dete,'nmne locally by t,he local Coordinating Board ~d provide m ti'z= Trans?ortation Disadvantaged Service Plan ',.he billLng requirement, s o:' the Transportation Coordinator. ,All bills shall be paid to subcontrac:e:-< '~ ~h~r~ !5 cale:',dar days after rezeipt of said payment by the Coordinator exd_-':.,: ',:', ','here the Coordinator :s a non-govemrnenr, aJ entity. .Maintain or have access to a passenger/trip database on each rider v.'l~in ,.he system. 10. Provide each rider and escort, child, or personal care at'tencta, nt adequate s',.'atmg for paratra~tt servtces. No more passengers than the registered passenger seating capaz~q,.' shall be scheduled or transported in a vehicle at a_nv time. For transit se:-'.':ces v,o,,~,,.c~ by transit vehicles, adequate seating or standing space will be provided ~o 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. 1 I. First Aid shall be determined locally and provided in ',.he lc<al Tran. sportauon Disadvantaged Service Plan. 12. Cardiopulmonary Resuscitation shall be determined IocaJly and provided in the local Tra~portation Disadvantaged Service Plan. The Cormmlsslon Shall: A. Recogmze the Coordinator as the enttry described in Seztion 427.011(5). Fior~da Statutes, and Rule 4~-_.OOzl...~. F.A.C. Ill. B Atto,m, pr. [o insure tha~. all eIltttle$ with transportation d~sadvanLa~2ed funds ,.~ traP. saor~nt~or', d~sadvantaged serv:ces th, rough ',.r,e Coordinator's ?,'stem The Coord:na:er and g":.e Commiss:on Fu,~er Nothing in ',..his A~zreement shall reaulre the Corru'r,~ss:on to obse.'-ve or enfc:,'--.. ,..o,,,p~: ..... xt~th an,,,' provision thereof, perform-an.,,, other act or do an',' other ming ir: co~,traver:t:on an',' appllcable state law. If any of the provisions of this Agreement is found b',' a cour: or' la,.,.' to v~oiate any applicable state law, the r}urchasinfz a2encv/entirv will at one:: not:N ,~',, Corem:ss;on in vvritinfz in order that appropriate changes and modificat:ons ~ - rT,,~._ b', ti'xe Commission and the Coordinator to the end that the Coordinator ma,.,' pfc,: .... ~ as ,;o,,:., as Foss~ble with the provision of t..-;h",,sportatlon ser'vices. Bo If an,',' part or provision of this Agreement is held invaiid, the remainder- ~h,~, h~ bindin~ on the pat-ties h .... o. C. T~rz',dr,,-. non Conditions: Te,,'-mmation at Will - This Agreement may be terminated by' either par:y upon r:c. less gnarl t,hirry (30) days notaee, without cause. Sa, id notice shall be mail, return receipt required, or in person with proof of delivery. 'l"errmnation for Breach - Unless the Coordinator's breach is waived by Comm:ssion in writing, the Commission may. by written notice to the' :ermmate rY,~s Agreement upon no less than r~,'ents'-four (24) hours notice. Sa:d not,ce shall be delivered by cert:fied mail. return receipt requested, or in person ~':th proof of dellver'v. Waiver by the Commission of breach of any provision of this A~ree.ment shall not be deemed to be a waiver of any other breach and shall not be con. s~md to be a modification of the terms of this Agreement, and shall not act as a waiver or estoppel to enforcement of any provision of this Agreement. The provisions hereto do r~.o~ limit the Commission's fight to remedies at law or to "damages. Renegouations or Modifications of t?As A,m"eement shall only be valid when the,,' have been reduced to writing, duly approved by the Commission. and signed by both parties hereto Notice and Contact: The name and address of the contract manager for the Commission for thJs Am'eement ~s: Executive Director, 605 Suwannee Street, *I549, Tallahassee, FL 32399-~)450. The representative/position of the Coordinator responsible for administration of the program under this Agreement is' In th.-' es'~nt that different representatives are designated, b'. ::'¢,e: 2,::',,.- a::~: ._, ,,~,. ":,'F, ,': ::',,. ~, ~,.,,.,...,.n~, not:ce of the nam~ and address of d',e ne,,,,' r .... se.,mt.',. ,a~ :...?.,:crt,: ::'. wrmng :o th,..' other pa,'x5 and ~.]:d nt~ttfira',:en ..,,,,.,~. .... ro ¢r~.~na!r ,,: r.'~. ' ............ This document has been revle,.ved m its enttre,,q,.' and approved bv :.".e ieee,,' Cocrd:.".a::::~' Board ar ~ts offic;a! ....., ...... n= held on Coordinatifli! l%akl Chal~erson WITNESS WHEREOF, the parties hereto have caused these presents to be executed. CO*IMUNiTY T1L&NSPORTATION COORDINATOR' /,-,ii,(i ' Agency Name ' Typed Nam,~ Authorized Indv,'idua, t Title' · 'f - STATE OF FLOR.IDA. CO.',,!5[!SSiO.x F,;,F. THE TI:b.XNSPORT..-XTI'?,.' DIS..~.DV?,.KT..~ Typed Name of AuLhor:z:d lnd:'.':d'.:.~i , Si~<f.( f':-'- ' ' Title: ~--,~ c,~, /.,- Not.ar':' ......... t,lrl '~ ~'~'"'" .~.'"_', Staff Attorney. If Applicable Subscribed and s~.'orn be:ore me this 8as' cf !? Personally knc~,~ Produced Identification EXHIBIT A COMMISSION FOR THE TRANSPOIITATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING TIlE TRIP/EQUIPMENT (;RANT PROGRAM 2. 3. 4. 5. 6. 7. 8. 9. 10a. 10c. DATF. SI JI?,,IlT'I'[.~I): 4-2-99 LEGAL NAMI.~ OF APIH~ICANT: ADDR ES.q: 3301 l{ast Tamiami Trail CITY AN[) ST.,\'[F,:... Naples. Florida CONTACT Iq!RS()N FOR Tills (;RANT: (;avin .hines Pt'I'ON['~ N/IMI?,I'~R: 941-403-2400 F;\X N[ E-MAIl. ADDRI~SS: .. gaviniones'?.colliergov.nct PRf)JF. CT [.('}(',,\TIf)N lC{runty(its): ('oilier PROPOSI,.'I) ST..\RT I):\TI';: 07-01-t}9 [!NI)IN(; 1):\'I I'.': ESTIM:VI l(D I~R().II.~L'T Ft/NDING: Local TOTA State $ 358.2144 39,809 . ~./1%'O VOLLiNT,,\I?,'f i ){ )l .l ...\ R."; State $ Local In-Kind TOTAL $ Collier County Board of L'ot,ntx /.IP ('()I)[i- 34112 ~14 ] -(~43-(~908 ,'qtatc $ {)(~ -.'; 0-{ PI.,\NNIN(i t"1 :NI)I N'(; ..\1.i .( )( '..\'l I¢ )N 'I'I?,:\N,";FE R RI!I) Tf ) 'I'R Il' (iR..',N'I' 1 I. I hereby ccrtit3' that this document has been duly authorized by thc governing b~Mv ~1' thc applicant, and the applicant intends to complete the project, md to comply x~ ith any attached assurances if the assistance is awarded. Pamela S. Mac' Kic. Chairwoman TYPED NAMF ()F AI.J'I'I 1ORIZED REPI,II:.SI!NI'ATI\q:. ANI) 'l'ITl.l: SIOSATt F. OF ..xu?m)i lZV. t) DATE 12. NOT REQUII*,EI) IF ¢)NLY TI,lIPS ARE PirRCitASEI) ~, rT[ ST: D'~/IGHT E. BROCK, CLERK' Attest as to Chat~'$ sl~tur~ o~lj~, Approv~ 8s lo form ~1 O~nly-A~orne~ I hereby certify that this grant has been reviewed and approved in its cntirctx Iw thc ' County Coordinating l~,~ard. COORDIN.,\TIN(i BO,,\RI') CI IAIRPERSON'S SI(JN.,\'I'I ~RI! DATE EXHIBIT B PI/OPOSED PROJECT AND FUNDING Project Description and Cost :\. Non-sponsored trips $ 398.093 I:3. Capital equipment I. $ 2. $ C. ('m~tingcncx $ II. Fundinu Participation Total Project Cost $ 398.093 A. Commission for the Transportation l)isadvantagcd State Funds (%) $ 358.284 B. Cash l.ocal Match 1'!4,~ $ 38.8()9 C. Voluntary Dollar Contributions 1%) $ I). Match tbr V~luntary Dollar (I f in-kind, so state with monctarx value l E. Total Project (.'{)st S 398,1193 I!i. Estimated cash-llow of FY 99/00 STATE grant funds only ($ x. 1000) Only complete this section if desired cash flow is different than {}nc re'tilth of state funds p.~.'r month. FY99/00 Jul Aug Sep ()ct Nov Dec .l",n I:cb Mar Apr Nlav Jun 26 26 28 30 31 31 32 34 '~2 xl 29 28 EXHIBIT C IIESOLUTION NO. 99- A RI:.SOI.tH'Ii)N ~.)1:'i'1 II! (.'()l.l,ll{l,, (.'~){ !N'I'V I~¢ ).Al{l) ( C()t IN'fy C( )N,I N.I [ S S l ()N I![,~ S( ,,\ l'l'l. I{ ',\ N' I' L l IERI~INAF'H:~R IS()ARD. AI!'['I IORIZIN(i '1'1 I1:. I:I[.IN(i {)1: :\ TRANSI~ORI'ATI()N [)ISAI)VANTA(}t!I) '1'Ri!SI' I:IINI) (iRANI' A Iq~LICATION WITtl TI I1! FI .( )Rll)A ('()MMISSI()N I:OR 'H IF, I'R/,, N,',;I'( )R'I',,\ I'1( }N DISAI)VAN'FAGI~D. Ilherea.~-. this I~()..\RI) has thc aulhoril.x 1- file a '1 Section 427.fll ?). I"l~rid~l SlilltlJl;$. ;llld Rule 41.2. I-'h*rid:l Nf)W, 'I'llEIIEF¢)IIE. lie IT IIESOI,VEI) Iv, thc ('.llicr <',minx Ih,;ud ,I t',umlx (..'l~lllm i s si( ~ ri el't4 that: 1. 'Ibc Il()..\RI) has thc pulhorilv I,) file Ihis gram applic;JtU,n. Ibc Il(}ARI) aulhorizcs l'amcla S. Mac'_Kjc,,Chairx~oman h, lilt ami execute lhc applica6on on bcllalf ofthc Collier (.'ountv llt~ard ~1'( '~,unlv C-mmissioncr~ with thc Flnrida ('ommission f.r Iht '1 r;msl,,~rl;lli,,n I)i~;ulx ;mmgcd 'llhc B()ARD'S Registered Agent in l:lorida is l)avid \s,'cig~_( 'Ottl!? ,'\uon:cZ..... 'I hc Rcgislercd Agents address is 7301 I!as! Tamiami 'l'rail N~,i ~_h:_~.l._)_~_~r_it_l_~.~lJ 2 __ 'Ibc II¢),,\RI,) authorizes Pamela S. N'IaclK c, Chairxv.man I. sign ;my and agreements nr ctmlracls which are required in connection xx ith thc ;tpplic;llitm. Thc II¢)ARD aulh(~rizcs (hJvin .hines to sign any and ;dl ;Is~lirimcc~. rciml~m'~cmc.l inv,iccs, warranties, certifications ;llld :lllV olhur dOCUIllL'II1N ;hJllk'Jl Illitk hk' ~cqui~cd in connection wJlh thc ;ippJicalion or sul~sctltlCnl agrccmcutx 1)I q,V Ib\SSl(1) ANI) AI)r)Pl'EI)I'lllS 2'''~ EXtlIBIT STANI)AI ,I) ASSI. iRA N('I, S and adminismmvc ru,.luircmcrlls v, hich rclalc I~, ,.li,<rln'li!'lall~,ll ~m Iht r¢li~hm, sex. a~c. and h',mdicap ,,'~id'l rc~pccl t~ cnlploym,..'nt. ,,¢r~ icc pI',,x (2) Public and pri','atc tBr-profit, transit and paratransit (3) '1'11¢ r,,:cJpicn! Ixts tl:c rcquiql¢ fiscal, m:ula,m.'ri:il, and Ic?l C;ilX:cll? I,, ~.',:i:~ :.il Iix i.::i,.p,,il;:li:m l)isadvar:tago. I Pro?am and w, rc,..'ci~, c and disbur,<' .'-;t;m: Ii. lntl', (4} Thc rccipicm imcnds I~, accorriplisl'l all rusks tis i,,.lcniilicd ii": d:i,., ~ranl ;:l'~pllc:~li~m (~) ']'ran.~porlati:m l)i.,,;:d~l;mta~¢tl Trust [:undo, xxill not be re, cd t:: SUplq;U:l :,r r:.pl;:cc ~.'\i',lll:? Ic:k':;:l. stale. ()r loc;Il ,,.Z'~VCrlllllCll[ l'Hlld'¢. (6) (l';.Ipit;ll cquipmcn! I'~urchascd lhrou.ch this ~r~llll lllccIs or c\cccdx thc criteria ',ct I,,i Il: i;~ ti:,: I"h,: itl;: dated ( )ct~bcr "Part 2..'qpc¢it3¢atio:~ criteria ~,ct li~rth b~. (7) C'apiml cquipmcn! or c(m.,,ulhmt scrx too, purch;,~,cd through lift.,, gram c{m':pl.x procurement requirements rd' ('h:.q~Icr 287 ;.md ('}l;.iplcr 427. I' h,~ id;.~ (8) il'capital cquipmcnl is purchasc(l dmmgh lhb, gr;mt. Iht dcmm:d rcsp,,::six c xcr'x icc ~)IlI~'l'c~l h' individuals x~itil disabilities, including individuals xxho usc xxhcclch::i:,, i~ cquix:llcl:t I,, :he Ic~cl entirely, is pr~x idcd in Iht mom integrated selling Ikaniblc ami i, cquixzllcnt x~ ith respect I~: rc.,,]'~oll sc lilllC. I'arcs. gco.uraphic service area. hours and da\ .,, o1' service. rcstr[cli(ms on trip purpo,~c. axailabilil~ of inf:~rmation ;tnd rc~crxat:~m cap;:lqlit5. ;:::d In accordan¢c ~.,,'ifl'~ 4~.~ ('FR. Part 37. public cnlitic'¢ ,~pcraling demand procurin~ m~v inaccessible vehicle. Such public cnlitics not rcccivin~ I.'1 ..X ccrtificmion ~xitl~ thc appropriate pro,ram of'floc. ~uch public entities other sccth~n of'thc FT..X have filed ~ ccrlilicmion xshh thc appropri:nc I. This ccrtilic~lion is v:did I'~r no Ion~,.:r Ihan Ibc conlracL.,O'~riod liar ~ hiu'~] Ibc urm~.~l',l,lic:nhm is Iilcd. Pm'ncla ~. \k~c'Kic ~TTIEST: DWiGNT [. BROCK, CLI~I~I MEMORANDUM Date: To: From: Re: July 23, 1999 Gavin Jones Transportation Planning Manager Ellie Hoffman, Deputy Clerk Minutes & Records Department Agreement Between Collier County and Comsis Mobility Services, Inc. Please find enclosed one fully executed original documen% as referenced above, approved by the Bcard of County Commissioners on April 2, 1999. I came across the extra original as I was going through the back up documents for that meeting. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosure PURCHASE OF SERVICE AGREEMENT' Agreement between (hereinafter COUNTY) Collier County, Florida. a r. alitical subdivis~on of the State of F!onda and COMSIS Mobility Services, Inc also doing business as mtelitran (hereinafter COMSIS Mobility t intelitran) Within this contract, the term "Parties" shall mean COUNTY and COMStS Mobility / intelitrer~ The term "Funding Entity" shall mean: COUNTY. This contract includes this contract signature sheet, together w~th the following Attachments and any Exhibits thereto, all of which are incorporated into the contract and shall be construed together to form the agreement between the Parties; Services and Payment General Provisions Federal Provisions In consideration of the mutual promises, covenants and the payment terms set forth in th~s page and the Attachments and Exhibits, COMSIS Mobility / intelitran agrees that it shall dehver services for COUNTY accordance with the terms and standards of this contract Notices under this agreement should be delivered to. For: COUNTY For COMSIS Mobility / intelitran Pamela S. Mac'Kie Chairwoman Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941)774-8097 Andrew T. DeCandis Project Manager 2000 Oxford Drive Suite 430 Bethel Park. Pa 15102 (412) 854 6940 Agreed and entered into this 2"" day of April, 1999 Collier qoun .ty~.., A'igFEST:.' DWIGHT E. BROCK. CI.ERK Attest as 'to'Chalr an,$ $ I~q[~;~l)~j~.']'O FORM AND LEGAL S[JFFICIENCY: Da;id C. ~,~' eig~l. Coun~v'Attorn~) COMSIS Mobility Services, Inc, By: Andrew T. DeCandis. Vice President Witness . Witness Collier County Attachment I SERVICE AND PAYMENT I. l"urpose The p:::-pose t,l' this ..\greement is to provide c~,llmunitv lransp~rtaln,n ~crvicc> ~ with Florida 'J'ransportation Disabled Commission slalut~,s and rcmdalions ;md thc slalttlcs regulations applicable to Sledicaid transpo~alion scm'ices dclivcr~d in Iht Stale t,J' I'h~rida: such other Iransp~rlatinn scrx'ices as ('()NISIS Mobility ink'l~tran shall hc clir,:clc~l i~ 2. Agreement term The term of this agreement shall bc ..\pril I. 1999 tlm,u.ch .Itmc 3t}. earlier in accordance with Il'tis agreement. 3 Services t, be Provided bv C()NISIS ~lobilitx imclitran COMSIS Mobility / intelitran shall provide ('-mmunitv Transl-,ortation mamiLac::,.,:, ~.c~x icc,.. Sen'icc si'roll include all cuslomarx management services ass{,ciatcd with thc Florida Community 'l'ranspoHation ('~ordinat{~r t("I'C) includin~ hut m~l limilcd and operating a reservation center Ibr rcccipl and proccSSillg ,:lQ'ails I'r:}m riders I,: rcsc~xc ll'lJ:$ using thc service, routing ami scheduling of o,nmunilx Irm~sp:,'lalhm Irips. Inclmlin~ assignment of trips to carriers using carriers tllldcr conlracl Io ('{)1 'XIy Iii' re:x} ,,r Iindcr contract h, C()NISIN Mobility "intclitran.. monitorine scrxicc prox idcd t~x cart c~$, 'l'CX ic'xx and ' nhcatmn ol mv<,ccs I?om carriers and approval .1' carrier invoices fi,-paVnlcnl, and rcquirinu career compliance xx'itl~ all stale. Federal and local statutes and rcmflation~ u,~xcrnine lhcir scm'ices. ' , 4. Obligation ofC()[;NTY l'-r l!quipmerit COL;NTY agrees that all capital equipment purchased by ('()MN1S: inlditran lbr linc pnwisitm of services under this agreement (including bul llol limited lo tclcphtmc sFslcm' c~,mputcr hardware and office sotixvarc, fiirn iturc, and office machines} will t~c pllrchasc'd t~x l lic st c'ccss~,l' to COMSIS / intclitran, or. il'thc successor docs n{~t purchase said cquipmcnl. I,x; thc ('( >1 ~N'I Y at the residual value thereof immediately upon tcrminati~m ~,r expiration ~,f this [~grccmcnt. Ihc intent of this provision is that C()MNIN N1,Nlitv intclitran shall he made xxlu~Ic Ii,' all equipment purchased under this agreement. 5. Payment: Invoices COMSIS Mohilitv "intclilran shall invoice ('()1 !NIY :mmthlv :ma c::st plus lixcd Icc h. tsis according lo actual expenses incurred. ('{)I'N'I 5' will l~c hilled thc actual c:,~ ~:l xcrx'icc provision plus a l SOl~} lkc. Said lkc w/Il he caJctlJalcd hx multipl)inF thc It:Iai pcr-$,ml:cJ c,,slx and associated overhead expenses by 15,,. A budgcl is a}tachctl h: thi ¢ c:mtract I:} as an estimate of the maximum cost ~,1' management services. Thc tmducl tJoc.q llt~l include pavmcnls t~, ca~icrs. ' - ' Revenues received I?om agency billings Ibr services prmidcct will I,c used h~ ~l'l~ct these ohm'uts to the COl [NTY. C(}L'N'I'Y will remit payment in fifll x~id~in lhirlv 13~ tl;.lx's o1' receipt ~1' thc invoice ~o COMSIS Nlobilitv / intclilran. ('{)I:N'I'Y shall rc mbursc ('()M~IN Xhd~ilitv intelitran on a monthh' basis Ibr all carrier costs incurred I~x ('()XlSlS imclilran in thc delivery of sen, ice under this agreement. Rcimburscmcnl lor said c[,'ricr c,,sis shall hc made x~ithin thirt~ (.';O)davsof('¢)l:Nl'Yrecciptoflhe('~')Nl.'<,lSNh~bilit,, iul,:litran inx~;cc I.~ ',aid 6. C¢~}I.~NI Y Project Nlanaggr CONISI.q 5.1obil~ly lntelitrim shall render ser,,~ces under this COI~N'I'Y project manager: (iavin Jotles Said proiet'~ Illilllilk'kq all technical direction under thc contract, inchkting supcrxisi,,u. deliverables, repons, invoices, paynlenls, schedule alld :dmii;~r only be dircclcd by thc conlracling officer. 6. COUNI'Y (. tmtractinu (il'liter The contracting ofliccr shall be ¢,iavin Jones tbr all contract administration, including approxal ,~f conirac! intcrprctatiou. CJililll.s. auditing, inst~rllnce, terminalit,n nlatlers. 7. Title lo liquip, mcnl. Risk of koss Title ti) all cquipmen! acquired alld paid Ibr in lhll xxilh limds l,~-,~x idcd t,x {'t }1 'N IN ils k'l'~{ reimburscmenls shall vest in ('{)I~N'I'Y upo~l receipt and acccplant'c I,x {'t ~NININ Nl,,hili~x iniclilran illin ti~ll reimbursement by thc ('{)1 :NI Y. '1 he parl5 }lax iilg ct~t~,tlx ,,l' ;u~x Ctl~ipmcl~l shall bear the risk of loss and said equipment during thc term ,~f lhi~ ilgI'CClIlClll. Collier County ATTACHMENT II. (; I,;,N F,I{A !, I. Independent Cvntract(,r C().MSIN %l.bflily , mtchlran al all nmc~ ~hall ~H~n~iblc h,r ali a~l~ ;md um~.~,,n~ ~1 i1~ ('{)M~Ik ~l.,kdd~ ,nh. lift;in ~l~atl hir,: and pa make all nccc~.,a~ p~.,lt dcdn~h.,n~ and pa~rt~vnt~ l- l(dcral. c~tabli~hcd bct~cn ( ( ~1% I 5 nmi an~ ~ub~*.ll~:l~h~r pr ~llpplicr ,ff ('()%ISIN ~14,hihl~ mtchlnm t~ ~IMtIC privalc c.rp~ra/i(m, pilrtllcr~hlp t,f ~.le prl~pri~tpl411p, duh 3. 'Terminalmn without cause J-.ither i,nny Ina% J~.'rmln~lte thi~ ;I~fL'RIIIt'Ill ninety (gO) d;I}S [~rittc'n termination ~ ilhou1 c~lTl~C. ( ( paid reich am-un~ a~ %~dl ~,~mpcn~atc it h,r ~nrk performed print h) lind lip t(~ lilt dale ~J Icrntlrl,ttn,n ,lad rcil%(~nilbJq lk'rmlrhltiHn (in ~llCJl pl~rtinn nj tll~. t%,,rk. I~',, ,inl~,llnl~ ,llrend) panJ ~,f h, hc catered inlJ~ h~ (()%lXl% (a) ~h(~Tc) (~) thc cx~nsc~ t,f prcparinu thc ~cttlcmcnt ~lairTl~ ~fld ,,u[.porlmz dal;i 4. Termination I'or l)cl'ault (.'()IINI Y ma? Icm'Jinalc lifts ~onlrad I~r dcfauh, in ~ilh Ihi~ par;i~raph, zf ((~XI~IS Mnhihb ' mlclimm fad,. lhR ~l~nd~rd~ ~r il ( ~)~ikl~ ~l,d,dH~ iHIcJiIHifl Jajl~ iii ~ln~ ~,lJJL't inlclilrafl a ~iJIic~ ()l lit. fault %Cl!l~R Ii,Mb thc (.'()~ISJ~ &J~hiJil~ ' mtchfr;in'% dcfmlJl (()~J~J~ Jfllclilr~n ~hall Jla~ ~ lhprt% I 1(i) dJ~ k h~ k tlrc ~ll~ll d~[atlll rn,m ((lMM% Mohilll} ' inlclimln'~ rotc,pi nj thc l~f~ull) Ir('oM~l~ M,,hdib ifil(litton lail~ In cnrc II)~ dclaull M~ilib / inlctilr~n dl~ll n,,I bc Ii.md in tkffault h,r c~cnt~ tJml~liaJJ~ ~C~ CfC ~c~thef 6. Vehidc Insurantc ( ( ~%1~,1'n \l~,hilitx ]till !tit;u; sh,dl tuqu,!, ~1, .,m. ,mir ~t, J~.lll~ k'cJll~!L' II'~il[,J'iLL' JllJJ J',. hl~,.'d ,,~ln ,J .HIll H,,*t ,,'.~J, ,hlm;tt~c hahtlil~ m~JlldlnV hahlh;% h, pl%s~'n~'~r~ I,,r ( ()1'~I~' .h,dl h,: I, ~,,1 ~- ul,hn,.)d ,n,)lt,'d, ,,n 8. Worker's ~tlch ~Otlllt% %ub~ontract(~ ~h~ll b~ r~(intr~d t4~ pn.~fdc ('()%1%1~ ~lohllft~ / ~ubli4~cd ralsn~ Indicnllnk thai { ()%1S1% %h,hlhl>; mlehlran. ( ()I:NIY. ami Iht intclitrnn sha'll hc ~i~cn thlrt~ (1fl) al;Ix ~ ~srllTcn m,11(c I,ch,rc thc ~'3n(¢llalion I~l Iht p~lll~% Ih. Il %ll(h Ill,llr,lll~ Is prlllhlrx ;trIal I1~, insurance ,d (()XlSlS Xh~b:hl> intclllra~. ({)l'%1~'. thc Fofldin~ I ntlt~. h~ any q. lndcmnificnU(m and linhilitx (¢)~,l~l% %t,hdtt'., irllchlr;In shill ind~.nTrlllX pr(Hu'ul :lfld h*~ld :'{)I:N'IY illhJ IbC I tllldJfl~ [ rlfll~ Ircf~rrt'd I(~ u,,llu, ut,~cl~ ;md ;IIIO~:~ 's f~:~. illCUlrCd b~ ~,r ;l~s'r1~(l ,Igillfl~l illtjCIllflil(Cs b~ jills intclitrnn'& aC1111fT lit I,IiIIIrC h) ,ICl. ~fl~%htqlJ. hns~cv~r. Ihal Thl~ indcmnifi~alion &hnll nol cxlcnd I,, h.lh, hl~ ,In~m~ n~fl ~4 Ibc ~,1c nc~li~cn~c nl ind~rnnd~c(~l ^l no tim(: ~.~i]l either p.lrt~., it,. ~41iucrs. dlrculnr~., cnl[qo>ct;s ~r a~cnts ~ liable m cnmracl ~r t~,rt tn thc other parly tnt s~u~al. indirect, incidcnlnl, cnn,cqucntial nr puniti~u dama~c~ rusullln~ ~rfo~ancc nl its [)blivilIll)B~ Ilfl(k'r Ibis ;l~rt'cmcrll Iht limilatll,1 ol Ii~hllll) scl h,rlh In thc prcccdirl~ SCIIICllCC ~hall rH,I apply tn ifll~nhnnal h~rl ~,r Ir:md 10. l)isPutcs related In this c()nlract T~hlch iS Ill~l dlSpnsCd ~,f b) :I~ICCIn~'ITI shall ~ ~uhmilt~d h~ ('()M~IN M.hilll)/inlclilran in ~rltlll~ ;lnd final and ~,,ncluslsc. unless ( ()MM% M-hflil> , inrcliIr;lll. ~ ilhlll l~() ~ccks ,tiler receipt ,q thc dc~ish,n, files a ~rlltCn ;IppCill ~hall ~nn~idcr thc np~nl ired ~Iil} ('l)MSI~ Mnhilll> , inlchlralt of ils d~ision (()I;~IY% d~lsi,m -1 lhc ilppcal 4~nll hc Ibc Iinill dcclsi~m tm&r Ih~ u~mtra<t. ;md shall h~. lln;~l and c,,n~just~c jurisdicti.n In hast bccH fY;lltdulu'rif. ~Jprlci<)us. arhllrarx sup~dcd hy ~uh~tantial c~'idcncc Ibc dc~ist,,n shall n-t ~ ~nal and c~mclu~i&c a~ Io qucsti{m~ nl In~ ~'ilhslandin~ an~ dt~agrccmcnt. L{JMM% Mobility mtchlran shall pmcccd durin~ thc ~'ndcnc~ nl an~ ap~nl ,r ~uh~cqucnl litigation ~*Hh Ibc ~c~icc~ in accordamcc &~ilh thc dcci~ion II fL"~d ~ t" j I ~ I:cdcrnl 5;tare nnd l,~,u,,I Inxcs %11 lar~', sst b,rth m Ih< l,~s.n...t I,I.,~l,n,n. ,,I dl: li%' IIldllsl',L' ~'t nfl ~lp~,ll~,n~,lu l,lnc, .~Ihl ( I )1 '-I~ h,lhl¢ I,, ( ()~d%1% %l*,b11II. ult..hlr.lfl I,,r .irlx 1.1%,.'. I O. l)rivilc~, of (I;llll ( ()MM% %h,bihl,, , mtchlrall sh;lll t.fnpl? v, llh ,ill Ivdt, i;d .,I,~n. I 7. Ii~tcr,:st ,It Hr(r, ldcr N~, II,,nr,I mcrnl',vr ,,',,,ncr ,4 ,;mph,scc ,,I t (~".l'nl% M,,h]lil,, 18. ( iovcrnm~ ]h1% ~onlr;h;t and thc r~?hl., t~hIl~;Itl~)lls ;Itld rL'l.t'~t)cs I,I thc I'h,r,da 19. Notice of I,abnr l)isputcs II ('()MNtS M.,hilil.'. mtchtr;m ha~ kn-,.slcd['c ~,1 ,mx n~tual threatened lal~r d~pulc that ~., dcln)htg or thrc;,Icns Io d¢la)' thc timely or pmr,:r pcrfbrntan¢c nf ll~i,~ contract. ( *( )M.~I.~ Mohilib / inlclitran shall immcdial¢l.,, ~hc C{ HkNrl Y mlfkc of thc dit~pulc. including all rclo an! infnrmation 20. Publicity Releases All publicily release., or ~ch:a~:., ~t' rcport,q paper, arlick',., map~ work undcr Ibis conlract ~hzch I'ro~ idcr dc~irc~ ~ubjccl tn thc pri.r appr,,val in:clilran ~hall ~ccivc~ from ~m~ ol*thc n~dia Ibc ~ork under Ihi~ conlracl. C()[~NI Y ,hall have unrc~triclcd ~mclitrnn'~ <mph~)cc~ ami ~chiclc~ nnd any pnwidol under th~ ('ontract 2 I. Equal Oppor~unih' I'htrin~ Ibc pcrl:orman¢¢ .f thi~ conlracl, C()M~I~ Mobilit) ,' intclitran agrec~ Ih~t it ~ilt. m g(.~d t~ith, aflbrd eq.al op~flunit) required hy applicable f~dcrat. ~tate. ~r local la~ h, all cmployce~ and applicanl~ Ior employment ~iihoul regard lo race. color . religion. ~¢x. afc. disability or national origin ('OM~I~ Mobility / intdilran I'u~h~r a~rcc~ tn aflbrd cq.al op~nunib' required b) applicable I~d~ral. stale, or local law m subeontmcto~ and vendnr~ ~hich arc "di~advnntaFed bu~in¢~ em¢~rises" or "women o~¥ned cnlcrpri~V' (both &~ defined h) R'dcral la~¥ or ~¢Fulamm m cfl~d on file dak' of fl~i~ ore,tacH C()M~I~ Mohilily ,' in~dilran afro.s to in~c~ lhc ~uh~lance .f IJt~ clause in all ~ubc.nlracl~ and purch;t~e .rdcr~. 22, Cornplele ARtec!gent, ,',;avmg, s (.'hms¢~ \Vaiyer Ihi~ agreement mgcthe~ ~ilh i~ll ;ittilchl~l[.flt~ ;llttJ cxl~ihlfs i~ thc c~m~plctc agreement hct~ecn thc parlic~ If an~ pr-~ i~.m ,,I thc o.ltraet i~ ~llll~J to h~ m~,did u~ uncnlhrcc,dqc, thc ( ()~ISI~ M,,bilib ' il,Iclilf,t~l or ( ( )~ ;~' I ~' (;il h~ iil',lsl i,) part) from an~ ohligalion~ umk'r tt)i~ ['alllr;t['l and .l~;lll m,t hc cori~lnlcd a~ a waiver ,,r rehnqtli%hm~llt ol Ibc {,thor p;~H~ '% ri~hI% I.II li~rcc and cllc~t 23. I)ru~ and ,,\lcoh(~l C()MSI',; Mo~ilit.'. mlclH[an ,,hall l,..'~.iill~v MI ;q)phcal~iL' ";llhconihlCl(ir,i lo COlllpJ) ',',Hh all (~:qulrL'incnl,, ol Ihv J:vderal 'l'l';in*~Jl l~tJfllJni,~lr;itil,1 rc~;irdill~ thc II:'dJllg ¢lliplo~eC'~, li~r drag ,md ,tlcoh~,l ii~c (()MNIN Nh,hilib ' IIt[{Jilr;tll'~ :l[{{'ltlJ{~ll h (JJrL'~IviJ h~ ,J() ('J rL'qHJtRmcllJ~ ~lllJ .I() {'J:~ J~drJ I~{i I~llc(~JloJ lc~JHll~ [ViJIIIIL'II)CIII~) ('()M~I~ ~i(~hilil) .' inlclHr;in Qlall h~' ¢OlllpJianc¢ ~ith Ih~' [C~llJLllliffl~ Jfll'JtltJJll~. adoplJt~n I1l' rcqtlJrcd J~i~li~lck, IL'~IJlI~, rv{,~l kccpin~ ~llld IJl[' ~IIIC rc~pon~ihdH) -I Iht ~d~,,~Ir;~clor~ ( I II '~ I ~ .md IJic I m~din~ I~nlil) ~h~dl ha~c Ibc fl~lll h~ in~p['cl Iht lc~lin~ pro,ram ;lll~J all rco,rd~ lll;IHIhlilIc[J JJlcrL'lltllJcl Collier Count.,,' ATTACIlMENT !ii FEI)ERAL I'ROVISI()NS The federally required c.ntract clauses and provisiorm in Ibis Atlaclnnent apl'fi> to all I.cdcr;dlv-as'~;slcd contraclx. These provi4ons supersede and take precedence ox er any other conflicting clause or prox ~sion of Iht c~mlrac! I. Equal Opportunity During the p~rformance of ',his ct,at[act. Ibc C()MSIS Mobilil5; intelitran a?:es that il ,~hall n,~t discriminate a,gainsl an',, emplo.'.ee or apphcal~I Ior cnlphL~tllel~t I'~.'C[l~lSC Of rac~.' color. creed, sex. disabilit.~, a.,._'c or natton;fl c'rigin. (.'¢}NI~4IS, Mobility: intelitran shall rake aI'lirmativc employed anti thc cn~ph,.v¢c,~ arc Irc;ileal during emphL~mcnt vsilhout regard t,~ their nalional origin Iht,, .hall include. cmploymcnl, upgrading, dcmoti.n recmitmcnl adx cfli~ing. olher fi~ al' c.m~nx,mon, ami selection li,r Iraining. including app~n~i~e~l~ip (~}M~I~ M.hilib m~clitran ~hall include thc pmvisi,m nf fills .c¢lion m c~e~ ~uhcontract or purchase order exccpl fi,r ,landard cnmmcrcial ~upplics or ra~ malcrlal and 2. D sadvanta~cd Business Enterprise Program It is the policy of thc IX:partmenl ol ]'rans~flation tl~at Disadvantaged Business I:ntcrpriscs il)lTl ~)its defined in 4~* Pn~ 23 shall haxc tile maxinmm c'pp,~nunity t, panic,pate in thc ~rfi~ancc of contracts financed m xduqc or pail ~ith Fcdcr;fl fimds ('on~cqucnlly. Iht DIU( rcquircmcnls of 4g ('FR lhlfl 2 apply to riffs ctmlract CONISIS MobJlib i intclitran shall discriminate on the basis or race. color, nal[ollill .rigin. or sex thc perfo~ancc of Ihis contract Thc rcquircmcnt~ of 4, CFR Pan 2.] arc incor~ralcd in this cc'ntracl by rcl~rcncc I'ailmc b~ COMSIS Mobility / intelitran lc' carD' otll these requircmcnt~ is material breach c'f Iht conlracl which may rc~ull in lerminamm other appropriate reined5 3. Interests of Members of ConRrcss Nc, member of or d¢legalc to ('on.grcs'~ or rc,,idcnt cc'nllTll~',iOll'..'r shall I'.c admitted to an) '.hare or part of this ¢ontracl or h~ ~nellt arising I?.m il Ilox~cver. this clatls¢ dries not appl5 this contract lo thc exlcnl lhat this cc'nlract is made ~ith a corporation lot Iht corporation'., general bencfil. 4. Restrictions on Lobbying COMSIS Mobilit.,. ' int¢litran shall timcl? compl> ~itlt thc reqtlir~mcnls ol thc Iobb~m~ rc~trlcthms scl to~h in NCCIion 3111 c'f Public I.axs IO1-121 as in~plcmcnlcd bx Ibc [)qparlmenl ol 'rran~flahon in 4~t ( I R I'~ 2". ami ;l~ tls-sc ;tutll,.~rttic~ rm~5 bc bcrealtcr amended 5. Contract Work tlours and Safely Standards Acl- Overtime Compen~alion (al Overtime rcqt. rcn~cnts N,, ('t)M%I";, Mohiltl5 / inlchtran ¢ontractm~ Iht an) part ollhc ~onlr:l~l xsnrk xdfich ma) require involxc thc cmpl-smcnl .f laborer~ or mcchanic~ shall require ~'~il an~ such labor~ .r mcchanic~ in an~ x~orkx~cck in the ind~sidual i~ cmploscd-n such s~ork to ~o~k iu loft) I~()) hour. in such x~orkx~eck unlc~s such hiborcr onc-half'l I-I 2~ t,nes Ibc hltsig rilt¢ of pit) for all hour~ IhJ ¥11~laliofl. I n~bilil~ lot I:npaid ~¥:lges. I iqmdalcd hl IIle C~ClTI t',t :ltl.~ Xl(~lidl-n tH' Ilk',' I'~rt)'sl~l(,fl", '.vi hHIh Ill parilgtaph {al i~l this chiusc. ('t)M%IN klohihl5 ' HiIcllllall ;init ;in) ~ubcontr'idnt rc~ptmsihlc thcrcfur ~hifll hc liable Io~ Ibc Ilrlpaid ~xagu'$ [11 addilion ('()XININ Nlol~tJllX , mlclillml anti subcontractor sh;dl bc liilblc to thc l"ni!cd NI;Hc~ (~;~ thc ~;txc ~l TcrTIIIT~ to ~tICII I)lstri(t ~r h, ~tlch Ik'[rilory I, h~t Jlqtlhlalcd rc~pcct t(, C;ICh indixithl;ll hd~.rcr .r tllcchmlic, mcludin~ ~cl Ii,fill ir paragraph (al of lh{~ (c) Wilhhohlin~ Iht I'llpilid ( ()I~N'IY shall ii[~ll Ih I,~H ;l~lll)fl Of IIJTI)II %~ITIIL'II ~u'tJllu'$1 I~l ;Ill alllJlorJ/~d f~prRselllilll~ k' oJ work pcrlornlcd hx ('11XININ NI(,HiIiI~ ,' inteliu;m (,r sllbColltrilclor MIIIlC ('()XISIS Nlobilil5 mtchtr;tn 11[ aJJ~ lllhc~ lcdcr;tJi5 - :l~i~Icd omlrak'l ~uhlccl 1o Ihe ( (mir:ici jlilcJJJr;lll, such ~lllll~ ;1~ HI;I~ ~b~onlra(I-r I~r unpaid Id) Pa~roll~ and Ila4c i I ) ('()MM~ ~1ohJJitx ,' JlHcltlrall t~r StlbO)lltT;ICh~r %h:tlJ itl;lll~laill thc cOlllpJcliofl (ii IJlc ~tllllra~l :t)~ all Jabofcf% :lfltl IiiCCJl;lllJC% (]) 'J'hc rec(,rds h, be IT1;llfll;llll~d umlcr clause shall bc ltl;idc a~ailabl~ (herein.dior ~clcrn:d :,, a-. '{ ( I%1',,i", ~.h,bd~(> ,m..htr,m") Fcdcr~li)-a~slstcd pro~ram~ ()1' thc I~p~lrtf11¢flt of ~h~inaflcr "I~)'I"1 [itlc ~') ('ode (,1 Icdcral ~tliati(,f,~ Part Ibl Nondiscrimination L'(IM%I~ M,~bdil~ . intchtran. ~ilh rc~.lrd to thc ~,rk pcrfnrmcd b~ it durm~ thc contract. ~hall not Mohilit> / irtclilran ~hall n,,t :~a~opatc either dir;'cd> Rcsulation~. mcludm~ cmpl~>mcnt practices ~hcn thc cnve~ a pro,ram ~ct Ii,nh in Appcnd,~ tt ~,l'thc Rc~ulatl,,n~ Matcrial~ and I qlllplllCll[ ltl ali ~olicilalion~ CltJlCT conl~titi%c bhhhn~ ~,r nc?tlath,n made h% t'l)%l~l~ intchlran fi~r ~,~rk tn hc pcrl~,rmcd ul~iJcf ~ %tl~omlr~ct. it~cJthJi'l~ ~tl~lmtr:tctl~r (,r ~upplicr q~all hc mqilicd b> ('()%1~[N origin pro~ (dc all inli~rnlati~m ami rcp,],~ r~quir~d by lh~ R~ulalmn~ ~ir¢cli~¢ i~L,¢d pursuant lh~f~h~ and q~all ~rmit ac~c~ h, l:~cilit~ a~ ma~ ~ determined h~ ('()l NTY. th~ l'umtm~ entity. of th~ I:~dcr;d [fan,it ~dmim,l~illh,n (F'IAI h~ bc pc~lincnt ,~r rctu%C~ lt~ ItRtH%h Iht', IIll~rttl;ltllqL ('()%ININ %l,,h~l,l~ . inlclitran ~hall ~,~ tempi> In (()iNlY. thc Fundin~ chi,t> or thc I-T&. :t~ ~ppruprmtc. and d~al[ ~ct h~h ~hat ctTn~ it ha~ made nhtain thc infi)rmathm Icl Sanctinn~ G,r Noncnmpliance In thc c~cnt of N1obilib / intclitran% m~n~nmpliancc ~ith thc nnndiscrimination pm~ision of th[~ o~ntract. C( )1 NTY ~hall im~sc such conlra~l apprnpri;~lc, indudinR, hut not Jhtiilcd h~ under Ill( conT[acl unlil ('()~TSIS ~InhiJil> mlclillan c,,mphc~. and ~hnl~ or in (I~ Inco~raln~n ~I I'n,~i~ion ( ()~I~IS %h,bilit> lntd~lr:m ~hall CVC~ qtl~COfltf3(l, includin~ pr,~curcmcnt% (~l' matcrial~ and of c~uipmcnt, unlc~ exempt b~ thc Rc~ulatinn~. or i~sucd pur~tmm thereto . ('()%Ik[~ M,,b~lit~ / hdclitran ~hall take ('ouNrY. Iht I:umllr~ I'fllil~ ,,~ F iA rll~) direct ~ a mc;in~ cnfi~rcing ~uch pro~ I~IOH~. including ~aflcli~rl~ fl(~conlpJiancc pro, hied. ho~c~cr, th:il, ii~ thc C%~ll[ ('( direction. C()M~I~ Mnbdd> intclit~;m ma) r~qu~t Iht J(.lit) Io enter inlo q~ch lilf~ati,m t,~ prulcct thc inlclc~l~ ~,1 7. Clean Air and ~,Vatcr ,\ct~, (a) (I) 'Air Act" ;l~ tl~k'd ~n [hl~ cJ;lll%C mCil11% thc ('lC;Ill Air ~I f II USC 7401 ct ~cq ) tinder thc Air Act ,,r I X~'.IITIT t' ( )ld~'r I I or (~ I .~rl appn,~c.J ml~lcnlctH;dJon pr,,ccdurc un,let ,dthc ~:r ~cll-J~ J'~(' ~.11~ nih (11) ~ ~JlqdHJc ~'f J~J;lll ~hlC:Vd or ;iJ~pt~,~cd I~ .I kl~llll ~1 ,,%~'n~') dclcrmlrlC, Ihat ilhJCJ%'Hdcttl laciTrllc', ;tr~' c~,-Joc;itcd I:~(' 1251cl ~cq ) ~1) I,* comply t~ilJl all thc rcquilcmcnh iJJ %L'ctl,,n I1.1 ,~1 Iht ( lean .Mr .~ct {4] I'%(' ?4J~l ;ii1LI ~ccli(m ]l)~ ,,I Iht ('JO;III ~¥atcr Act (33 I'%(' 131~) rcJalln~ to in~pc~li~m, munJh,~in~, cnlr~. Itl ~'~Jl{,ll J J.l ;IrJd ~c~li~,n ~1)~ ,~I Thc .~ir ;~cJ ;llht otc;In ~ltcr ~t.lt'.,J;ird. ,It thc htcilltx Ill ~duch thc o,ntr;ict pcrl~,rmed and ( ( I~l~J~ M~,bdil~ mlehtr;m q,all rc~,vm/c ~c~j I g. ACCC~ I~cquJrcments I~)r Imlividual~ with I)isabditics ('(~l~J~ ~J~hihl) mtchlr;m .h~lJJ C~mlpJ> ~llh rcqIHfclJl~'nl~ ,~J Ibc ~II~CrlC.lll~ ~llJl J)J~lJ~ihhc~ ~1 ,,t J'PJO Ih ofd'~ Fcdcral Iran,il Act. a,; amended. 4q USC app li',12, and Ih~ rggulation% Ihcrcl- I0. Audits and lnsp¢clLon of Records {-~) 'l'hi'; cl;lu~¢ ~, appl~cabk d' ~1~i~ ctmtra~t wax cnlc~d in~tiatl~ cntcrc~l u-do h~ mc.lH~ *'~ ~l~.~tq~li(:~ or hx f1~t'.lo~ ,~l C()I~NI'¥. thc I~ % I~pa~cnt ol I'raR~ft:ttl(,~. thc I ndcd %t;ITC~ l~parlmc~t ~'t Itcallh and Iluman ~c~icc~. ,md thc authorilcd re~re~cnt=tl~ ct ~hall. until thc c~plral*oll rd' thrcc ailc'f Iinal p:~mce~ m~dcr th~% c(mlrncl, have itccc*~ to and thc right It, c~am~ an~ d~cctl~ ~moq N*~K~. d,~tumcnl~ and rccnrd~ ,,I ( I)%1%1% %It,~,ht~ t~llcTitrim. lluman Scr~icc~. ;ind Thc t ,,mptrollcr (icncral ol thc I'rltlCd Slatc~ t,r nn~ ,,f their dul~ auth,,rl/cd reprc~cntati~c~ ~h;lll. unlil thc c~piration ,,f Ihrcc yc,~r~ aRcr linal pa}mcnt andcr Iht, cnntract, have acco,, t,, and thc ri~hl 10 examine an~ dsrcctl~ ~inent b***k~, dogunlcnt~, p.l~'r~, and rccnrd~ SiJ~ontractor m~ol~mg triifl~il~llOll~ related lo thc fi,r Ibc pur~,c ~,l m;iklng audd. cxaminatinn, cxccrpt~ lind trnn~cription~ II. I'rivac~ 5, hould C()M",I% %l~,hlhl', Irll'ghlfall t~r If~ %llbO,fllrilgt,'rs a~d c(,ndition~ are apphcnhlc (I)['ocompl~ ~itFthcl'r)~ac~ ~cl,,l Ig?4. 5 I'N( ~cctn,n (lhg ..~1) and rcgulation~ Ihcrcundgt. ~hcn p~rlbrTn,mcc under thc contract intt,Nc~ thc design, dc~glopmcnt, or operation ~,t an~ Dttcm of rcc*,rds on indi~idunl~ to ~ o~ralcd b~ Mobiht) intclilran. ~t~ ~ubcontracto~ or cmplo~cc~ accomplish a I unding [nlll} filncmm (Z) To notil~ COl %TY. ~l~cn (OMNIS Mobilib . mtchtran antlcipalc~ operating a ~}~tcm of rccnrd~ on bchall'oflhc ] unthng l~nlil) in nrdcr h~ acoqnph~h thc rcqmrcmcnls of lhc( onlracl. mfbrmalinn ~kll bc retracted b~ Ibc individual% name nr othc~ idcl~tlt~'r ;l~tgflcd to thc indl~tdtlal ~ ~}qcm ,,l' rccord~ apphcahlc t,~ Iht ~lcttl ha~c ~Cell carried nut M()bilil~ , tntgl{lrlnl agreg~ Io correct. ~lainlattl. di~%e~tfl:ll~'. linc hugh record~ in acgordancc ~t ith ;I]l applicnhlc requirements thc Act: (I} lo include thc I'r~ac} ~cl ~,,til~c;d~on contained m Iht third pan} cnntracl ~hcn tJlg pcrfi~rmilncc of ~,uk nndcr that proD~scd third p;l~) contract mn) in~ohc Iht design dcvclnpmcnt, or opcratnm of a sy ~lcm nr rccords on indi~ lduaN be opern[cd under d~c cnnlracl to nccompli,h n funding lunction: and I~} 1'o include lln~ chm~c, including th~ par,lgraph, m all Ihird pa~) cnntracls under ~hich ~t~rk Ibr IhN ('onlract i* ~'rl',rmcd ~r ~Qlich i~ a~ardcd pursuant to ~t~is Contract or ~hich ma~ the d¢SJ~ll dc~cJOpfllCIll, or opgratlon ol %llCJl ;I x~ ~cm t~l rc~ord- on ~hall'ol'lhc J:undin~ I nlll~ the o~rntion of a ~> ~lcm hi' fc<ords ,m indi~ i,lual~ tn ;ic.,,mph~h a Funding J'fdil> function. ('(IMMS MohiJib mtchtt;m, third an cmpl0)cc et *he I untlJng I nJll~ ~jth rc~pccl t~ lilt' I'utldmg (~) Iht tgfm~ ll,t'd tn :Jll~ (l;ltl~t' JHl%g thc I~)II,'~IITV { J ) '(~,/al}ofl i~J ;I ~., ~1t'~11 oJ fC~l~l(J~" II1{;111~ I~Cl{ol1111UIcL' oJ Jills int'(*r11Htlioll aN,ul ;m i11 Ii%l,~tl;tl th,d I% III;lilll;llllC'] COLLIER COUTY SERVICES BUOGET (ESTIMATE) ( This is an eslimate of costs for two 90 periods, It is budgeting purposes only. and represents the maximum cost of managemenl services wiJl be charged at the actual cost (including overhead) plus 15% of the cost of total personnel expenses.) Local Staff # of Staff Hours/ Rate 1st 90 Days 2nd 90 Days 90Days General Manager 1 520 $ 24 04 $ 12.500 $ 12,500 Operations Manager 1 520 $ 15 38 $ 8.000 $ 8.000 Lead Reservation Agent ! 520 $ 10.58 $ 5,500 $ 5 500 Lead Customer Services Agent 1 520 $ 11 54 $ 6.000 $ 6..900 Reservationists 3 15(50 $ 7.00 $ 10.920 S !0 020 Customer Services Reps 2 1560 $ 7 50 $ 11.700 $ 11,700 Scheduler I 520 $ 12 02 $ 6,250 S r.-;250 Admin. Asst. 1 520 S 1154 $ 6.000 $ 6 000 Data Entry Billing 1 520 $ 700 $ ~,640 $ 3640 Total Local Staff $ 70,510 S 70.5~0 Local Over head 69% $ 48,652 S 48652 Corporate Support Staff RegionaIV. P, 1 320 $ 49 28 $ 15.770 $ 10000 Regional Managers 2 340 $ 3000 $ 10.200 $ 10.200 Software Support 1 320 $ 22 00 $ 7.040 Total Support Staff $ 33,010 $ 20.200 Corporate Overhead 69% $ 22.777 $ 13938 Total Personnel Plus Overhead Profit on Personnel $ 174.948 $ 153.300 15% $ 26.242 S 22.995 Travel And Subsistence (Corporate) $ 20,000 $ 20 0©0 Rent $ 12.000 $ 12.000 Utilities $ 1.500 $ 1.500 Telephone Services $ 3.000 $ 3.000 Answering Service $ 450 $ 450 Telephone Equipment And Maint. $ 10.000 $ 800 Cell and Beepers $ 600 $ 600 Copier Fax TDD $ 1.800 $ 1.800 Furniture Lease $ 3.000 $ 3 000 Postage and Delivery $ 600 $ 600 Materials and Supplies $ 5.000 $ 5,000 Advertising $ 2.000 $ 2000 Local Travel $ 500 $ 500 Misc, $ 2.500 $ 2500 Medfax $ 1,000 $ 1.000 Computer Hardware $ 6,000 $ 6.000 Computer Cabling and Install $ 10~000 $ 10.000 Misc, Software $ 1.500 $ 1.500 Total Other $ 81.450 $ 72.250 Total Cost of Project $ 282.640 $ 248.545 Date: To: June 16, 1 Ellie ih)ffman, l)cputy Clerk Minutes and Records Department From: flavin Jones. P.E.. 'l'ransponafi,n Planning Manager C.C.: Robert Mulhcre. AI('P. l'lanning Services Director .Iohn l.imbaugh. Intergovernmental l.iaison. FI)()T Ft. N Ivers o t'ficc Re: Trip and F. quipment Grant Agreement Attached is an original agreement with all signatures on it. It pertains lo action taken a~ the April 2. 1099 BCC meeting. SAMAS Approp: 088846 SAMAS Obj.: 790056 Org Code: Fund: TD'I F Function: 035 55 12 00 Q0_9_5_2__Contracl No.: AH039 FLORIDA COblMISSION FOR TIIE TI~,ANSPORTATION I)I,',;AI)\'ANTA(;EI) TRIP & EQUIPMENT GRANT AGI~,I';EblENT THIS AGREEMENT. made and entered into this _J_g_.LD_ day ot'___~,.z- ~ .................... 1')~_ ~_' 1.. hy and between the STATE O!': FI.ORIDA COMMISSION FOR. THF. 'I'R.,\N.q,I~(')RTATI()N I)I.~AI)\'AN I'.,\(;F.D, created pursuant to Chapter 427, Florida Statutes, hercinaf'ter called the Con:missi(m and ..................... Collier Com'~ty Bgard of C._~.mty C',om~sion_.c_t~, 3391 Tanli_amiTr___ajl~.~ast,._,_N.~.p_l~.~,_[:_lg_~,_4.~.~. hereinafter called the Grantee. W I T N E S S }_: T H: WItEREAS, the Grantee has thc authority to enter into tt~is Agreement and t,~ undertake ~l~t: I'r,.~jcct hcrcinaltcr described, and the Commission has been granted the atdhoritv Io usc 'l'ranspc~rtalitm I)isadvanlagcd Trust Fund moneys to subsidize a portion off a transportation disadvantaged person's Iransportatitm c~)sl,; which is not sponsored by an agency, and/or capital equipment purchased t'~,r thc provision td~ mwi-,sptmst~cd lranspo:lalio~. services and other responsibilities identified in Chapter 427, Florida Slalulcs or rules ll'icrcuf. NOW, THEREFORE, in consideration of the mutual covenants, promises and repre~entaticms herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is I~ Provide non-sponsored transportation trips and/or capital equipment to the non-sptmst~red transportation disadvantaged in accordance xvith thc Transp:m alton l)isadvanl aged 'I'~ ust Fund in ( 'haptcr ,12 7, Fit,mia Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Applicatitm and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 20, 1998; and as further described in Exhibit(sk&_B. C attached hereto and bv this reference made a pat~ hcrcol: hereinafter called the Project; and, to provide Commission non-sponsored financial assistance tt~ thc (i~antce and slate the terms and conditions upon xvhich such non-sponsored financial assistance will be lmwitled ami the understarldings as to the manner in which the Project will be undertaken a '~d c:m~pletcd Form Rev. 711198 I'a}:c tff 17 ILq.,cs 2.00 Accomplishment of the Project: 2.10 General Requirements: ThcGrantccshallcommcncc. ami compldcthc lh,>.lccl as described in Exhibit "A" with all practical dispatch, in a sound, economical, ami ¢l'licient mariner, an~l in accord~rlcc with the provisions herein, and all applicable laws. 2.20 Pursuant lo Federal, State, and l,ocal i,aw: In the event that any ,,lcc~itm. relk't'cmit~m. ;~pl,',~val. permit, notice, or other proceeding or authorization is requisite under al~plica!qc law 1~, ct~alqc Ibc (;ranlcc to enter into this Agreement or to undertake thc Project hereunder, or to observe, asstm~c or ca[l¥ OLll aBy ofthe pro~%ions of the Agreement, the Grantee will initiate and consummate, as provided by law. all actions necessaD' with respect to any such matters so requisite. 2.30 Funds of Ihe (;r:mlcc: Thc Grantee shall initiate and plt,scctttc lo c~mq~letion all lUt~ccc.,.tings necessary to enable the Grantee to provide the necessary funds for complcthm of the l'roiecl 2.40 Sublnission or Proceedings, Contracts and Other l)ocumcnts an~l I'rmluct~: 'l'l~c(;~antccshall submit to thc Commission such data, reports, rccoids, contracts, operational documents or products relating to the l'rojcct as the Commisyitm.may require under this agreement including those listed in Exhibit "C" Failure by thc (Jranlcc provide other docunmnts or products required by previous agreements bclxx'ccn thc (',mm~i,si,m ;~ml thc Grantee, may, at the Commission's discretion, result in rethsal 2.50 Incorporation by Reference: The Grantee and Commission agrcc that by cmcring late> this Agreement, the parties explicitly incorporate by reffrencc into lifts A?-ccmcnl thc I',lxx ami prtwisitms of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code. and Ibc Applicati[~n and l't,licv Manual for the Trip & Equipment Grant, as revised on April 2~}. 1998. 3.00 Total Project Cost: The total estimated cost ortho Project is $03,060.,9_9__ 'I his amounl is hosed t,lmn thc estimate summarized in Exhibit "B" and by this reference made a part hereof l'hc (;rantcc agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, tach,ding ;my deficits revealed by an audit performed in accordance with Article I1.00 hereof after completion of thc project 4.00 Commission i'articil}ation: The Commission agrees to maximum parlicipalitm, including the Project in the amolmt of'$ 103.400__00 as detailed in F. xhibit "B", or in an am,mm equal It', of total actual project cost shown in Exhibit "B". whichever is less 4.10 Eligible Costs: Trip and Equipment Grant Funds. derived cxch~.qvclv lYom list 'llam;p,*rt:mon Disadvantaged Trust Fund. may only be used bv the Commission and the (;:antcc to std~sirlixc a pm'ti,.m of a transportation disadvantaged person's transportation costs which is not sponsored by atw other agency, and then only ifa match, as specified in the Application and Policy Manual fi~r the 'l)ip and I..quipmcnt (;rant. is provided by the Grantee. 4.20 Eligible Project Expenditures: Project costs eligible for State particip,~tion :viii I>c alh,wcd m~!y flora the date of this Agreement It is understood that State participation in eligible projcc! ct,sls is subjccl to a) The understanding that disbursement of fimtts will be made in accmdance whh the {7ommissit,,n's cash forecast; Form Rev. 7/I/98 Page 2 of 17 l';u:cs $.00 6.00 7.00 b) Availability of funds as stated in Article 17.00 of'this Agreement. c) Commission approval of thc project scope and budget (l'xhibits ..\ & I~) at thc time al)Pl,l~iati~m authority becomes available. d) Submission ofall certifications, invoices, detailed supporting (Iocumcntation. ~r t~thcr obligating documents and all other terms of this agreement; 4.30 Front End Funding: Front end funding is not applicable. Retainage: Retainage is not applicable Project Budget and i)ishursement Schedule: 6. I 0 The Project Budget: The Grantee shall maintain the Commiss;on apl)~ ox'cd I'~ ~.ject l~,uclget, as set forth in Exhibit "B", carD' out thc Project, and shall incur obligatim~s against and make disln,'semcnts of Project fi~nds only in conformity with the latest approved budget for the Pro.jeer The btM.ecl may be revised periodically, but no budget revision shall be effective unless it complies with fi. lnd particip:diol~ requirements established in Article 4.00 ofthis Agreement and is approved in ,.wiring by thc ('ommi~sion Any budget revision which changes the fired participation requirements established in Article .I ~!(I ,f this agrccmcnl shall not be effective unless approved in writing by the Commission and thc Florida l)cparlmcnl ~d"l'ransportatim~ Comptroller. 6.20 Schedule of l)isbursements: The Grantee shall abide hv tile Commi.~.qon appr,-.'cd disbursements schedule, contained in £xhibit "B". This schedule shall show estimated disb,rscment of Commission funds for thc entire term ofthe Project by month or quarter of the fiscal year in accordance wilh ('otnnlission fiscal policy. The schedule may be divided bv Project phase where such division is determined to be appropriate by the Commission. Any significant deviation from the approved schedule in IL×hibit "1~" requires advance submission of a supplcrncntal schedule by tile agency and advance apprtwal by thc ('mnmissicm. Reimbursement for the Commission's share of the project shall not be made fi~r an amount ?cater than the cumulative total up to any given month as indicated in the disbursement schedule in F. xhibit "B". Accounting Records, Audits and Insurance: 7.10 Establishment anti Maintenance of Accounting Records: The Grantee shall establish for the Project, in confomfity x~th thc latest cu~ent uniform requirements established by thc ('~mmfis~&,n to facilitate the administration ofthe non-sponsored financing program, either separate ac omnis to bc maintained wilhin its existing accounting system, or establish independent accounts Such mm-sponsored financing accotlrHS are refe~ed to herein collectively as the "Project Accounf' The l'rojcct Account. and ctclailcd d~ctmmntation suppo~ing the Project Account, must be made available upon request, without cost, to the Commission any time during the period ofthe Agreement and for live years after tinal paymc,t is made t,' il' any audit has been initiated and audit findings have not been resolved at the end of five vca~ q. thc rco,'ds shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available fl~r The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of thc Federal I)¢posit Insurance Corporation, all non-sponsored transportation payments received by it t¥om thc Comrnis:&m pursuant to this Form Re,.'. 7111q8 t',gc; ~d' 17 l'agc', Agreement and all other funds provided for, accnfing to, or other-,,visc received on accotmt of thc Project, which Commission payments and other fimds are herein collectively referred to as "Proicct Ftmds" 'l't~e Grantee shall require depositories of Project Funds to secure continuously and ;i. fily all Project I.'unds in execs,, of tim arnot,nt.', insured under Federal plans, or under State plans which have been approved for tile dope'4! oF l'ro.jcct fi~nds b;' thc Commission, by the deposit or setting aside of collateral of the types and in the ma:mcr a~, pr c~,cribcd bv .State law for the security of public funds, or as approved bv the Cornmission 7.30 Costs Incurred for tile Project: The Grantee shall charge t~ the Pro,.cc~ .,\cco~t t,nlv eligible costs of'the Project. Costs in excess ofthe latest approved budget, costs x,.'hich arc :l,,l x,. i~hi:~ :}ti: ..lat~t~rv criterii~ for tile Transportation Disadvantaged Trust Fund. or attributable to actio:~., which ha', c t~,t ~nct lilt.' (~lher requirements of this Agreement. shall not be considered eliuible costs 7.40 l)ocume,~tntion or Project Costs: All cosls charged to tile I)roiecl. i.~ch~din.u at~x itpp~,,.cd ,~c[vices contributed by tile Grantee or others, shall be supporled by properly executed contracts, driver's mani£ests, vouchers, vehicle titles, ar:d detailed proper detail the nature and propriety of the charges Records must be kept to shoxv h,,xv IBc valt~e placed on third party transactions was deri,.'ed. 7.50 Checks, Orders, nndgo~,chers: Anvcheckororderdraxvnbythc(iranlccx~ilh~cspcctt~,anv item which is or ,,,.'ill be chargeable against the Project :Xccotmt will be drax~ n only in a,:,:~l dance with ti properly signed vot,cher then on file in the office el'the (;rantce stating in l'ropcr detail thc purpose which such check or order is drawn..\11 checks, payrolls, invoices, c(~tltl'il~.ts, k't tlC}lt't ~. ~IdcFs. or accounting documents pertaining in x~,h( le or in part to thc Project shall bc clcarl.,..idt.'~ltilicd, readily accessible, within tile Grantee's existing accot,nting system, and. to lhe cxtcrll feasible, kept separate and apart from all other such documents 7.60 Audit Reports: The Grantee shall provide for each of its llscal vear~, t'{~r which thc l'~ojcct Account remains open. an audit repo~ prepared either by its ofllcial auditor or audit agt.~c'v or i~n i~dcpcndcnt certitSod public accountant, reflecting the use of the non-sponsored transportalit~r~ lkmtls t~f thc (',mmfission, the Grantee, and those from any other source with respect to thc ['reject ,.\edits shall be pcr[i~rmed in accordance x~Sth Generally Accepted Auditing Standards and the (}ovcrnmcr~t .Xtictiting Sta~dar'(ts liar linancial and performance audils contained in the Standards fi~r Audit of (}overnmcnt~d Orga~i/ations, Programs. Actixdties and Functions. issued by the US General Accounting Oitice. and ()Mit ('irctHars A-128 or A-133 if applicable. Tl~e Grantee shall require auditors to include a schedule oc a~sislancc lhat will retlcct IBc agreement Contract Number, WP! Number and'or Job Number anti thc amount of Nlalc Ik~tting action (receipt and disbursement offends) and any Federal or local fimding ac~i~n and tkmding aclit}n ti t~m any other source with respect Io the project The Grantee shall also require audit~r, t,3 determine c,~mpliance witi: A~icle 12 O0 and Paragraph 8 26. and [ixhibit "A". "Special ('onsideratit~n< by (trainee" 7.70 Insurance: The Grantee shall can'v insurance orr lht~jcc~ xchiclcs ',::Icl ct!t~ii:~'~on~, i~r~l u~i;~ar~tt.~: li?,bilitx for minimum coverage as folloxvs 7.71 Liability: Liability coverage in ;tn amount of51c)(,.l~O0 for any one (I) pc:'~,on. $211().l)t)O per occurrence at all times in which t'roject vehicles t,r equipment arc engaged in apprt~vcd p~oject activities. The Grantee shall insure that contracting Transportation ()perators also mainlain the same minimum liability insurance, or an equal governnlental insurance program Form Rex'. 7/1/9:q l'ngc 4 oi'17 I .,cc 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any anloum rcquircd to pay any damages to the Project vehicle(s) and cquipmcn, including rests.ring to its then market ,.'alue replacement. 7.73 Propcs'ty Insurance: Thc Grantee shall carry fire, theft, anct ctqnprehensixc cox'cragc proFerty insurance, with replacement cost value, on equipment, other than vehicle~, pt~rchascd with Transportation Disadvantaged Trust Funds 7.74 Other ins~,rance: The above reqt,ired insurance ,.,,'ill he primaD' to any other it~gt~ance coverage that may be applicable. 8.00 Requisitions and i'ayments: 8.10 PreliminaQ.' Action by tile Grantee: Tn order to obtain any 'l'ra~q)ortat'i~m l)is~ctvantagcd Trust Funds, the Grantee shall: 8.1 ! File with the Commission for the Transportation l)isadvantaged, 605 Suxvan:~ec Street. Mail Station 49, Tallahassee, Florida, 32399-0450, its reqt, isition cm form or forn~s prescribed by the Commission, and such other detailed supporling documentation pertaining to the I'rojcct Account anti the Project (as listed in Exhibit "C" hcreoO as tile Commission may require, to .jt~stify and support tile payment requisitions, invoices, and vot, chers, including, at a minimum (1) the date the Grantee incurred project costs and equipment, vehicles or other' property t,r services associated with the Project; (2) a statement by the Grantee certifying that the Grantee has acquired thc property c,r services: (3) the actual consideration paid for the property; and (4) an attestation, on the form or forms prescribed by the Commission. from tile head of the Grantee. under the penalties of perjury, that the Grantee has complied with the provisions of thc Grant Agreement. The designated signatory of'the Grantee must sign the Following attestation which appears on all Commission form invoices and requisitions: I certily, under penalty ofperju~, that the aforesaid listing is true ami correct, and the Agency has complied with the provisions of the Agreemem 8.12 Comply with all applicable provisions of this Agreement 8.20 The Commission's Obligations: Subject to other provisions hereof, tile Commission will honor suct~ requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of ~hc eligible costs t lowe,,'er. notvdthstanding any other provision of this Agreement. the C,mmlission may give written notice to lhe Grantee that it ,.,,'ill refi~se to make a payment to the Grantee on the Project Accotmt it'. 8.21 Misrepresentation: Tile Grantee has made misrepresentations of a material nature in its application, or an),' supplement thereto or amendment thereof, with respect to any doct,ment or record of data or certification furnished therewith or pursuant hereto: Form Re,.'. 711 I98 8.22 l.,itigation: There is pending litigation with respect to the pertbrmancc hy tile (;r'ilntee of any of its duties or obligations xvhich may jeopardize or a lverselv affect the Project. thc Agreement. t,' payments to the Project; 8.23 Required Submittals/Certifications: Thc (;rantee has failed m ~cl'u.sc~t I,, i,~,'cidc t,, thc Commission detailed documentation of requisitions or certificati~ms ~,factions taken. 8.24 Conflict ofinlercsts: There has been any violation t~Fthc c,mllict ofintu~c,t provisions. prohibited interests, or lobbying restrictions, contained herein. 8.25 Default: ]'he Grantee has been determined by the Commission tt~ be in defimlt und,.:r anv of the provisions of this or any other Agreement which tile (;rantee has with Ih¢ Commi,~sitm. ~,' 8.26 Supplanting of F'unds: The Grantee has used 'l'ranspc, rlati~m t)k'<advanta?d Trust I:unds to replace or supplant available and appropriate funds for tile same t',url',o.,cs, in ,.iola~it~n oF('hapter ,127. Florida Statutes. 8.30 l)isallowed Costs: In determining the amount of tile Grantee's payment, tile ¢'omu~i,,,i~,n ,.,. ill exclude all costs incurred by the Grantee prior to the effective date of this Agreement. costs which arc not prt~vided for in the latest approved budget for the Project, costs which are not within tile staltstorv criteria for tile Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles m' service~, received under a contract or other arrangements which have nol been approved in v.'ritmg hv Ibc ('~mm~issi~m or certified by the Grantee, pursuant to Exhibit "C'. 8.40 Invoices for Goods or Sec'ices: Invoices [bt goods or scr,,'ices or expenses pm,'idcd -r recurred pursuant to this Agreement shall be submilted in Jclail sut]Ment fi)r a proper preaudit ami l~,staudit thereof Failure to submit to the Commission detailed supporting documcnlation with lhe invoice or request t~r project funds will be cause for the Commission to refuse to pay ~he amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter ,127, Florida Slalmes, Rule 41-2, Florida Administralive Code, and the Application and l'olicy Manual lbr the Trip & l~tl~ipmcnt Grant is met 8.50 Commission Claims: If, after project completion, an)' claim is made by the Commission resulting an audit or for work or services performed pursuant to this agreement, the (_'omnlissi~m may ottgct such amount from payments due for work or services done under any grant agreement which it has wilh the Grantee owing such amount if, upon demand, payment of the amount is not made witiain (6o) days tt~ tile Commission. Offsetting any amount pursuant to this section shall not be ccmsidcred a bruach of contract by the Commission 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If tile Grantee abandons or, bcf(~rc ,:tmq~letion. finally discontinues tile Project; or if, by reason of any ofthe events or conditions set tk)rth in .Section 8.20, t~r for any other reason, the commencement, prosecution, or timely completion ,£ tile Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, thc Commission may, by written notice to the Grantee. suspend any or all of its obligations under this Agreement until such time as the event or condition resulting Form Rev. 711198 I',q2c 6 of 17 in such suspension has ceased or been corrected, or the (7ommissitm may terminate anv <,t all ~,1' ils ~ddigations under this Agreement 9.20 ActionSubsequerfltoNoliceof'l'ermi,lation(.'Suspensi,n. t:pcm~cccit~t~l'~s~x I~:~,~lto~tfin,tlit~t~ or suspension notice under this Paragraph. the Gramee shall proceed ptomplly t~ carry ~t~t thc actiolls required therein which may include any or all of the following' ( I ) necessary aclitm to Icrminalc o~ suspend, as the case may be, Project activities and conlracls and such other adion as may he ~Ctlt~it cd ,,r dc4ral,le to keep to the minimum the costs upon the basis of which the financing is ~o be computed. (2) R~rnish a statement of the project activities and contracts, and other undertakings Ibc cost of which are otherwise includable as Project costs; and (3) remit to the Commission such p,rtion of the financinu and any advance payment previously received as is determined by the ('omn6ssion lo be due under Iht p~twi~ious ~1' thc Agreement. Thc termination or suspension shall t,e carried ,ut in contbrmilv x~ilh ibc tltlv~l ~chcch~lc. plan. and budget as approved by the Commi%ion or upon 11~c' basis of tcrmx 4~;~cl ctm(tili,,us ~nll~scd by ti~c Commission upon the failure of thc Grantee to fi~rnish the schedule, plan. and bt~clgct xxithin a reaxonablc time. The acceptance ora remittance by the Grantee st~all nol constilule a w~fivcr of any claim which thc Commission may othe~vise have arising out of this Agreement. 9.30 l'ublic Access to Records: The Con,mission reserves tile right to unilaterally for refi~sal by the Grantee or its contractors to allow public access to all documents, papers, lollers, records or other materials subject to the provisions of Chapter 110. Florida conjunction with this agreement I0.00 Remission of Project Account IIpon Completion of Project: l_iptm conq~lcti~m and after timmcial audit of'the Project, and after payment, provision for paymcnl, or [eimbursemcm o[' all l'[',~icct ct,st,; l~aFable fr~,n tile Project Account is made, the Grantee shall remit to the Commission its share t,t',mv ut;c,×l~cl~clcd balance in the Project Account. II.00 Audit nnd Inspection: The Grantee shall permit, and stlall reclUirc it'.. c~,mra,'~,.~s Io permit, the Commission's authorized representatives to inspect al! v. ork. materials, payrolls, rt'colcls, and ~ au:lit ~hc books. records and accounts pertaining to the financi~:g and development of thc I'~ oject at itl! rclts,.m~ddc Iii:icg ~ncluding upon completion of the Project. and without notice 12.00 Contrncts of the (;rantee: 12.10 Third Parly Agreements: The Oranlee shall not execute any conlrhct ot t~bligalc ilscll' in any manner requiring the disbursement offTransponation Disadvantaged 'l'n,~t Fund m~mcys, inch~ding tra~,spt,ru~tion operator and consultant contracts or amendments thcrelo, with any third parly with rCXlaCCl to thc Projecl without being able to provide a written certification by the (~ranlcc thal the COlltract or tfl~ligalitm was executed in accordance with the competitive procurement requirements of Chapter 2S7, Florida Statutes, Chapter 427, Florida Statutes. and the roles promulgated by the l)epamnent of Management Sec'ices Failure to provicle such ce~ification, upon the Commission's request, shall I~e stmtlicient cause For ntml~ayme,t by the Commission as provided in Paragraph g 23. The Gramee agrees, that b)' cntc~ir~g intt, thi~ ,,Xg~comont, it explicitly ce~ifies that all of its third party contacts will be cxecutecl in compliance with this seclion Form Rev. 7/1/9s Page 12.20 Complinnce with Consuilnnts' Coml)etitive Negotiation Act: It is understcmd and a~r~d by the panics hereto that participation by thc Commission in a pro, ecl with a Grantee, where the project involves a consultant contract for any se~%e, is contingent on the Grantee complyin~ in fidl with provisions of 5cotton 287.055. Florida Statutes, Consultants Competitive Negotiation Act Thc (irantcc shall ,'crtilk' c~mqqiancc whh this law to thc Commission Ibr each consultant contract it entc~ s 12.30 Comi)elitive Procurement: Procurement of all serx'iccs, x'chiclc~., t.,qtfilmlCl~l ~. tqhc~ cc.nm~>clilics shall comply with thc provisions of Section 287.057. Florida Nlatl~lt'~ t;ptm thc ('~m~nli!.si~,,f'. ~t.qtlc'd. thc Grantee shall certit~ compliance with this lax,.'. 13.00 Reslrictions, l'rohibitions, Controls, and l.abor l'rovisim,s: 13.10 Equal Employment Oi)portunity: In connection x,.ith thc clu')>~n~(.~t ol'this A?ccmcnt. thc Grantee shall not discriminate against any employee or applicant tbr employment I~ccau~c of' lace. age, disability, creed, color, sex or national origin Thc Grantee xvill lake al]]rmalivc actium tt~ cnst~le Ihat applicants arc employed, ami that employees arc lrcatcd during empl~ymcnl, disability, creed, color, sex, or nalional off.in. Such action shall include, hut not I~e limilcd t,~. thc fidlowin~ Employment upgrading, demotion, or transffr, recruit mum or recruit mcnl advcrlising, la vott',, t c,'millillion, rales of pay or other for,ns of compensation; and selection for training, including apl~rcnliccship 'l'hc Grantee shall insert the foregoing provision modified only to show the particular contractual rclali~mship in all its contracts in connection with the development of operation of the Project. except ctmtraclg fi~r thc slandard commercial supplies or raw materials, and shall require all such contractt~rs l~, in~c,'t a similar prtwisi~m in all subcontracts, except subcontracts fi~r standard commercial supplies or ~axv materials Thc (iranlcc shall posl. in conspicuous places available to employees and applicants fi~r employment fi~r l','~iccl x~t~k~ n~ticcs scttin~ forth thc provision~ of the nondiscriminali,m clau~e 13.20 Title VI - Civil Rights Act of 1964: The Grantee ITItlSl comply with all thc requirements impo:¢ecl by Title VI of the Civil Rights Act of 1964 (714 Statute 252), the Rcg~dat.ms ~d' thc Federal 1)cpl. tmc'n! of Transportation. the Regulations of the Federal Department of ,tusticc and list' assurance by the (i~ante,: pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or l'urchases: Unlc~sautht.izcdinwlitin~hvthc("~mm.s.~i~m. m~,.~l!iccr of thc Grantee, or employee acting in his or irc, official capacity as a pu~chasin,.~ agc.t, shall cilhcr clircctly or indir¢clly pt.chase, rent, or lease any realty, g.ocls, or services 1hr the Grantee fr.m any hu~iness, entity ofwhich the officer or employee or lira nflicer's or employee's husincss associatt. .r sp~ms~ :;r child is an officer, partner, director, or proprietor or in wi'rich such N'ficcr ur employee t,r li~c ,.~lFsccr's or employee's spouse or child, or any combination cd'then~, has a matt.rial intent:st 13.32 Business Conflicts: Llnless authorized in xvriling hv thc Commission. it is u,dawthl fi,, an officer or employee ofthe Grantee. or fi~r any company, corporati~m, or tirm in which an .tllcct or employee of thc Grantee has a financial interest, to bid on, enter into. t,r I~c personalty interested in thc purchase or the furnishing of any materials, services or supplies to bc used in.Ibc work .f this agreement or in the performance of any other work for which the (Jtanlcc is responsible Form Rev, 7/I/914 I'agc 13.33 Solicitations: No officer or cmployce of thc Grantee shall directly et mditccIIv s~dicit t~r accept funds from any person who has, maintains, or seeks business r¢lation,~ ,.vith ~he (hantce 13.34 Former Employees- Contractual Scniccs: [!nless autholizcd in writing I,v thc no employee of the (Jrantec shall, within I year atter retirement or termination, h;wc ~,[ hold any employment or contractual relationship with any business Clllilx' ill c~mnccli~m with ,Hv c,mtract contractual services which was within his or her rcspou4bilitv while au clupl(~5'cc 13.35 Former i';mifloyees- Const,ltin~ Services: Thc sum c,f'moncv paicl l~,a l~,tmt'~ cml,l%'cc ~1 thc Grantee during thc first year after the cessation of'his or her ~CSl~Onsibililics. Iw contractual services p~ovided Io Ibc (hantcc. shall not exceed thc anluml sal;uv lcccix cd cessation ofhis or her responsibilities. The provisions of lifts section may he waived by a particular contract if the Grantee determines, and thc ('ommission al~pl,wcs, lhat s~ch witivt'~ will resuh in significnnt time or cost savings for the Grantee and thc project Thc (iranlec shall inse~t ill all contracts ClflClCd lute hi ctm::cction ,,,.'itl: It:is .,\g. rccu:c::l ar::l sh;:ll rc:lUifc its contractors to insert in each of their suHcontracts, thc fi,lie,wing pt(,vish~n.l "No member, officer, or employee el'the CHanlee during his lcntHc or t;,r ~mt' x'ca~ lht.'~caticr shall have an,,' interest, direct or indirect, in this c(mtract or thc proceeds thcrc~ff" The provisions of this section shall not he applicable In any agreement bctw,:c~ ibc (;~ anlcc and it s tiscal depositories, or to any agreement for utility scrvice~ the rates for which ,re fixcd,, c,mtr(,llcd by a Governmental agency 13.40 Non-discrimiqation of Persons Wifh l)isal)ilities: 'lhc (hantcc amt an',' ~I' il~, c,~lr,~ct,,i.$ ~r Ihei~ st,b-contractors shall 11o1 discriminate against anyone on the basis of a handicap or disability (physical. mental or emotional impairment) The Grantee agrees that no funds shall tie used to rent, lease (, I,i~ller aIW real property that is not accessible to persons with disabilities nor shall any meeting be held in ;luv t;tcilitv tmless the facility is accessible to person,,; with disabilities. 'Ibc Grantee shall also assure ct,,lq'~liaucc ,.villi The Americans v,'ith Disabilities Act of 1990, as it may be amended from time to ti,ne 13.50 l.obbying Prohibition: No Grantee may use anv funds received purs~;~t~l to thi:; Agrccmcr;t tb~ the purpose oF lobbying the Legislature. thc judicial branch, or a state i~gcncy No (Jra~dce u~i~v cmplt~y any person or organization with funds received pursuant lo this Agreement l;~ thc ptirp~,;c ~1' Iobl~ying the Legislature, thc judicial branch, or a slate agency 'Hie "[~tilpOSC {,J' Iobbyi%(' inch,Icg. }',t~t is u~,t limited to. salaries, travel expenses and per diem. the cost ftq publicatit,n and diqribtdi~m ~d' c;~c}~ publiciflit~lt used lobb>4ng; other printing; media; advc~lising, im:luding production ct,st~, ptmtagc, cntcitaimncnt. ,nd telephone and telegraph, and association dues. 13.60 Public Entity Crimes: No Grantee shall accept an3: bid fr(,m, award nny contract to. or transact any business with an.,,' person or affiliate on the convicted vendor list for it period of 3(, mo,ths fi t,m the date that person or affiliate ,.vas placed on the convicted vendor list tmless th;.fl person or affiliate has been removed from the list pursuant to suction 287.133. Florida Statutes The (ir~mtce may tlot allow such a persc, n or affiliate to pcr£orm work as a contractor, supplier. Stll~CoIIli'aCl~:. or collsultal'd tlndc'~ it c{mlracl with the Grantee. Ifthe Grantee ,.vas transacting business with i, person: at the time of the commission of a Imblic entity Form Ret.'. 71119N I'agc '~ ,,t' 17 l';,:,'cs 14.00 crime v.'hich rcst,ltcd in that person being placed on thc convicled vendor list. thc (Jranlcc nlav ;lis<) not accept any bid from, award any contract to, or transact any businc~, with any other person xvh~ is t~ndcr Ibc same. or substantially the same. control as the person whose name appears on Ibc c~,nvictcd x'cmh, Iisi $~, I~,ng as that person's name appears on the convicted vendor list Miscellaneous l','ovisions: 14.10 Em'ironmcntal Pollution: All l'~oposals. Plans. and Spcciticati~mq fi, thc acqk]isi~,,m. Tcc,m~.trL~cli,m. or improvement ofvehicles or equipment, shall show that stroh vehicle., or t.'q~pmcnt n~c ,',l~il,pcd t,, prcvcnt and control environmental pollution 14.20 Commission Not O{)lil~ated lo Third Parties: Thc ('omn~i~.sitm ..hall m,l hc ~,{di.Ltalcd ~,t linblc hereunder to any party other than the (irantec 14.30 %s,,'hen Rights and Remedies Not ~Vaix'cd: In m', ex'tnt M~al{ thc mnkinc t,x Iht' (',,,nmi~si,,,~ t,t'ans pa>~lent to the Grantee constitute or be construed as a waiver by thc ('ommission or any dehult which may then exist, on the part of the (3rantcc. and Ibc making of stroh {);IVIIIL'Ill bV thc Commission while any such breach or dcfimlt shall exist shall in no remedy available to thc Commission for such breach or 14.40 llowContract AffectedlLv Provisions Beinglleltl Invnlid: ifan~ pro~isi~m,~l'tlfisAg~ccmcnti~ held invalid, thc provision shall be severable and thc remainder of this ..Xgrccmcn~ ,hnll m,t bc ;tit,'clod {n such 14.50 Bonuq nnd Commissions: Bv execution ofth¢/Xgrccmcn~ thc (;rantcc reprc~cntx lhn~ i~ has not paid and, also. agrees not lo pay. any bontls or COllllllisSioI1 ~OF 1}1C {1[IFJ)OSk' (){' (~hta.i,fi,~u ;,,, ;tpi~,xa} of its application for the tinancing hereunder 14.60 Slate or Territorial l.avv: Nothing in the Agreement shall tcqtfirc thc ( ,;nn~cc compliance with any provision thereo[ perform any other act or do any other thing in applicable State or federal law: Provided. that if any of thc pr~,visions {d'thc .,~rccnlc~l ,.'i~datc any applicable Slate or federal law. the (~rantee will at once nc, tifv ti~e ('om,nis~ion in w~iting in ,~, der thai apprt~priatc changes anct modifications may be made by the Commission and lhe (;ramcc to, ~hc cncl proceed as soon as possible with the PrQect 14.70 Pt,,-ch:,scd Vehicles or Equil)merit: 14.71 ,Maintenance ofl'urchased Vehiclesor Equil),nent: Thc(iranlccagrccst<~maintainthe vehicles and equipment purchased or financed in ~,.h~le or in pa,t purst,,m l,, this Ag~ccmcm m g~od working order for the uscfifi life of the vehicles ami equipment 'fhc (Jr',mtcc agrees not ti, make alterations or modifications to thc equipment or vehicles without thc conscnl of thc ('ommission. Any lease or assignment of operational responsibility ofpr%~cct vehicles and cquipnlellt ix not allowed unless approved in writing by the Commission 14.72 Ulilizntion: Thc Grantee agrees to) assure that all lbo cci cquip,nont and vehicles, whether leased or purchased, are t,sed to meet thc ictcntified lransportati<m needs o1' tile n(,t-s:~<msorcd and in Form Rev. 7/I/9g }',s~:c Iti,,t' I, I st,pport ofthe service plan established under the provisions of Rule 4 I-2. Fh~ricla Administrative ('tide, to serve tile transportation needs ofthe transportation cli~ advantaged of tile a~ea I.eascd and purchased Project equipment and vehicles shall be operated to their maximmn possible ctficicncv I'urchasect vehicles and equipment will be used for the period of their usctksl Iix'es in accordance wilh thc most current Commission policies. The Commission may. after consullalion with Iht (;~antcc, relocate purchased equipment and vehicles that it deems to be underutilized or that is not being ~,pcralcd fi~r its intended purpose. This unde~tilizcd equipment and vd~icles xxill be rctt~:'ncd lo thc ('ommissitm at a specified location at a mutually agrceahle time Reimbursement of any equity or intc~ cst t,l' the (h'anlcc will be made after another ~arty has assumed thc obligations t~nclcr thc Ictms ami conditions of this Agreement or disposal of said items by sale has occurred Thc ('otnmiysitm shall make Ibc sole determination (ffdm Grantee's inlercsl alld reimbm'semcnl .,Xs dolc~minctt bv lhc (',m~,fission. I~filure to satisfactorily utilize vehicles and equipment which are leased with l'rojcct l~mts shall be stdlicient cause for non-payment by the Commission as provided in Paragraph S 2~ 14.73 l)isposnl of Purchased Project Equipment: The (3rantee must request x~sttcn aiq~xal the Commission prior to disposing ofany equipment purchased or financed in whole t,,' in part imrsuant to riffs Agreement, including vehicles, during its useful lift', fi~r any pm pose I'rocccds 15 om thc sale purchased project equipment and vehicles shall be documemed in the projccl tile(s)by lhe (;rantee With the approval of the Commission, these proceeds l~lav be re-inx'eslecl"lbr any [mrposc which expands transportation disadvantaged services for the non-sponsored Ifd~e Grnntcc docs m)t elect to re-invest for purposes which expand lranspo~alion disadvantaged sc~¥iccs. ~hc gross proceeds fi'om sale shall be refunded to the Commission in the same participation pcrcumagc ratios a* wcr'c used l~ the original purchase 14.'74 Property of the Agreement: The purchase of all vchit, ics and cqt,ipmc:~t l'ma~'..ccd iu '~xhole or in part pursuant to ti:is :\grecment shall 1,e underlakcn by ibc (~anlt'c ~m behalf t~i' thc Florida Commission lbr the Transportation l)isadvantagcd in accordance xvith Stale rc?lati~ms ami ShlltllCS Title to any vehicle purchased with Project Funds shall be in the name of the (}ranlcc, ~ul)jcct favor of t~e Commission. The Commission will relinquish all interest in the x'elficlcs and equipment when il has reached the end ellis useful lit~ and lhe vehicles or equipment are taken this time the Commission will satis~' ils lien of record provided that d~c proceeds from disposal are put back into providing expanded transportation disadvantaged services fi~r the 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of caphal equipment or major components thereof, upon the Commissim~'s request ~he Grantee shall std3mit to ti~e C,mmission. certification that all such equipment meels or exceeds thc requirements as idcntilicd in [Lxhibil "A" I:aih~rc to abide by this requirement shall be suflqcient cause fi~r nonpayment by the Commission as prov. ictcd in l'aragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, thc (iranlec shall indenmify, clef'end, sa;'c, and hold harmless the Commission and all their officers, agents or employees from ail suits, acti{ms, claims, demands, and liability ofany nature whatsoever arising out et} because of, or due to breach of tile agreement by thc Grantee or its subcontractors, agents or employees or due to an.v neglige~,t act, or occurrence of omission m' cummission ofthe Grantee, its subcontractors, agents or employees Neither the Grantee nor any of its agents ,.viii be liable under this article for damages arising out of injury or damage to persons or prtq~crty directly caused or resuhing from the sole negligence of'the Commission or any of'their officers, agents or employees. Thc parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or a,y similar provision Form Rex'. 7/1/98 l'agc I 1 of 17 t'agcs oflaw. Notwithstanding thc Foregoing, pursuant to Section 768.28, Florida Statutes, no agency m' subdi,:isi~m of the state shall be required to indemni[,, insure, or assume any liability tbr the Commission's negligence 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this ~:rccmcm is cor~tingcnt u[mn an annual appropriation by the Legislature 17.20 .Multi-Year Commitment: Whereas the Commission is created in the l:h-~rida l)cpartmcnt ot' Transportation (Department) and assigned to tile SecretaD, of tile Fit,id:,, l)Cl~artmcnt et' Tr'ailspt,rtatit)ll For administrative and fiscal accountability purposes; in the event this agreement is ia cxt~css of S25,000 and }las a term For a period of more than one year, tile provisions oF Section 339.135(7)(a) and .qcction 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, ,~r enter into any contract which, by its terms, involves the expenditure of money in excess oF the amotmts budgeted as available for expenditure during such fiscal year. Any contract, verbal o~ written, made in violation of' this subsection shall be null and void, and no money may be paid on such conlract. Thc Department shall require a statement from the comptroller of the Department that fi~nds arc available prior to entering into an5' such contract or other binding commitment oF funds. Nothing herein contained shall prevent the making ofcontracts for periods exceeding one year, but any contract so made shall be executor3' only for the value ofthe sen'ices to be rendered or agreed to be paid fi~r in succeeding fiscal years: and this paragraph shall be incorporated x'¢~batim itl all c{mtracts of thc Department which are For an amount in excess oFtwenty-five thousand dollars and having a term tk~r a period of more than one )'ear." In the event that this Agreement is for more than one 3'ear, this Agreement may be renewed c,n ~ yearly basis for a period of up to 2 ],'ears after the initial Agreement or for a period no longer than thc term of tile t~riginal Agreement, whichever period is longer, on the condition that renewals shall be cmltingcnt upon saltsfiqctor3' performance evaluations by the Grantee and is subject to the availability of fun~Js. The (:ornmission's performance and obligation to pa)' under any multi-year Agreement is explicitly contingent ~pon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before_J~mc 30. 1999 . lfthe Grantee does not complete the Project within this time period, this agrcemem will expire unless an extension of the time period is granted to tile Grantee in writing hy the Chairpc~ son of thc ('ommissi~m lk, r the Transporlation Disadvantaged or designee. Expiration of this agreement will be considered tc~minalion {if the Project and tile procedure established in Article 9.00 of this agreement shall be initiated. For tile propose of this Arlicle, completion ofproject is defined as the latest date by which services may have been provided or equipment fimds may have been expended or obligated under a purchase order, as provided in the prQect ctcseription (Exhibit "A") Unless othenvise extended by the Commission, all reimbursement invoices must be received by tile Com:nission no later than 90 days after the exPiration date ofthis agreement. 19.00 Agrcetnent Formal: All words used herein itl the singular Form shall extend to and include tile plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. Form Rev. 7/1/98 l'at2c 12 tiff7 l'agcs 20.00 Execution of Agreement: This ag(cement may bc simultanccmsly ex(cured in a mi,dmum of two counterparts, each of which so executed shall be deemed to be an original, and such c<mnt(rparts togcth¢~ shall constitute one in the same instrument. 21.00 Vendors Rights: Vendors (in this document identified as Grantee) providii~g goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes l.!pon receipt, thc Commission has five (5) working days to inspect and approve the goods and services unless thc bid specifications, purchase order or contract specifies otherwise. The Florida Department ot"I'ranspt,rlation has 21') days to deliver a request for payment (voucher) to the Departme,~t of Banking and Finance Thc 2,~ days ate moas(ri'cd fn,m thc latter of the date the invoice is received or the goods or scr¥iccs arc received, inspect(d, and z, pptovcd If a payment is not available within 40 days after receipt of the invoice and receipt, inspccti(m and approval of goods and services, a separate interest penalty per (la.',' (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by nile. Interest penalties of less than one (1) dollar will not be enforced unless the (h'antee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment The invoice payment reqt,rcments do not start until a prc.,p(rly co,npl¢tcd invoice is provided to the Commission. A Vendor Ombudsman has been established within tile Commission of Banking and l:inancc Thc duties of'this individual include acting as an advocate for vendors who may be expcri(ncitLu problems in obtaining timely payment(s) from the Commission The Vendor Ombudsman may be contacted at 185o) .188-292-1 or 1)y calling tile State Comptroller's Ho(line, 1-800-848-2924 Form Rex'. 711198 I';,gc 13 ~d' 17 I';q2cs FM/JOB NO(S). 207246 ! 8401 CONTRACT NO. AH039 AGREEMENT DATE t-h(&~_Lt-~_"zZ! :' ', . IN WITNESS WIIEREOF. the parties hereto have caused these presents to be executed, the day and 5'ear first above written. GRANTE_E .~ollier (~00nty Board of County (~ommissioners i, il' ., PAMELA S. MAC'KIE, CllAIRWOMAN v[ CilAIRPERSON OR DESIGNEE COMMISSION FOR TilE TRANSPORTATION DISADVANTAGED ATTEST: DWIGHT E. BROCK, Clerk Approveo ~to legal sufficiency: ATTEST. ;5~5.':..-? /. ~ . NOTARY (SEAL) ,~,1~.,~'/( ('5, J ['~ ,. ~ " Da~vid C. Weige!'" County Attorney DATE FUNDING APPROVED BY COMPTROI.I.ER (SEF. AT]'ACI lED ENCUMBRANCF FORM DEPARTMEN'F OF TRANSPORTATION) HI tR~t c.~% Form Re,,. 7/I/98 Page 14 of 17 Pages FM/JOB NO(S).__2{.)]_24618_4_0._1 CON'I'RA('T NO_ ..... Al 1039 EXIIlBIT "A" I'RO.JECT DESCRIPTION AND RESP()NSIIIIlA'I'IES TRI P/'EQ U ! PM ENT This exhibit forms an integral part of that Grant Agreement, dated r'.:/A___L between the State of Florida, Commission for the Transportation Disadvantaged and Collier County Board of County Commissioner~s, 3301 Tanfiami Trail East.,N,_a_~lcs_.,__!_:.~zrjd_a_.3:! [ ! 2 PROJECT LOCATION' Collier County PROJECT DESCRIP'I'ION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter ,127~ Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy N'l[ti'l[l[ll for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on ^pril 2o. 1998. Services shall be provided and equipment, including vehicles, ,,viii be utilized throu~uh a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code Trips shall be purchased at the fares indicated in the al;proved service p~an pursuant to Rule 41-2. Florida Administrative Code. Capital equipment will consist of: None SPECIAL CONSIDERATIONS BY GPo\NTEE: All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida I.')cpartment of Transportation's equipment specifications, "Guidelines fi')r Acquiring Vehicle,;" dated ()ctober 1993 (or as updated), "Part I, Bid Docmnents," dated Jul)' 1995 (or as updalecl), and "Part 2. Specification Guidclinc:a Specialized Vehicles," dated July 1993 (or as updated), or criteria scl forlh by any other Federal, slate, o~ local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Form Rev. 711198 l'agc 15 of 17 ['atzcs FM/JC.B NO(S).~_ CONTRACT NO. At I0~9 EXIlIBIT "B" PROJECT BUDGET AND CASil FI.OW This c.xhibit forrrkq ,'m integral part of that ccrlain Grant Agreement between thc Florida Comrmssion fi~r linc 'Danslmrlation Disadvantaged and CQl.li(?.r County Boa, rd of County Commissioners. 3301 Tamiami 'Frail East, Naples, Flgrid,~l 34112 dated. PROJECT COST: Estimated Projcct Cost shall conform to those cligible Cosk,~ as indicatcd by Chapter ,177. Florida Statutes. Rule 41-2. Florida Administrative Code, the most current Commission policies and the Apphcation and I'oi~cv Manual for thc 'l'np & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 2o, 1998 'l'rq~s shall be imrchascd at the fares indicated in the approved sca'ice plan pursuant to Rule 41-2. Florida Administrative Non-sponsored Trips $93.{16{) II. TOTAl, SOUP, CE OF FUNi}S: Commission for the Transportation Disadvantaged State Funds (no more than 90%) Local Cash Funds Volunta~' Dollar Contributions Monetary Value of In-Kind Match Total Project Cost $93.060 00 $ 93.060,(')t) .$10.3 $ 0,00_ ~_1!)3,400,00 _ Ill. DISBURSEMENT SCIlEI}ULE OF COMMISSION (Slate) FUNI).5 { $ x I000) Jul Aug Scp Oct Nov Dcc Jan Feb Mar FY 98/99 FY 99/00 Apr Mav Jun. 31.i')231.02 31.{)2 Form Rev. 7/1/98 l'~,gc 16 of 17 l';,gcs F,',.VJOI~ NO .__2~_7~4 618_4.!)j_ C O,',,'1' R.,\~'T i'~) ....... ^ I _I_,~_'.L EXIlIBIT "C" TRI P/EQUIPM ENT This exhibit forms an imcgral part oflhat certain (kant Agreement bclwecn thc Horida ~"(mmfission tbr the Transportation Disadvantaged and C~U~r Couuty B~!_~~.L~mJ~_~'~_3~fZ! Naples. Florida 34112 dated THE GRANTEE StiALL RETAIN AND/OR SUBMIT TttE FOLLOWING REQUIRIil) I)()CIJMF, N'I'S ANI) CERTIFICATIONS: DOCUMENTS: Submit an audit report, based on the agency's records, in accordance with Section 7.6(I of this Agreement. Submit invoices for goods and services, with detailed suppo:-ting d{~cument'a~i.'.m, .in ctctail suil]cicul tbr a proper preaudit and postaudit thereof Retain, and upon request, submit drivers' manifests, with supt)o~lin.t.,. &.tailed doculnenlalitm, in (lelail sufficient for a proper preaudit and postaudit thereof CERT_IFICATIONS: Certification ofEquivalen! Ser~4ce in accordance with the Commission's l',olicy on thc acquisiti-n of vehicles as it pertains to the Americvms with Disabilities Act of 1990, as amemlcd Said certificaticm shall accompany any reimbursement request for vehicles and shall use the Commission approved formal. THIRD PARTY CONTRACTS: 1'he Grantee must certify to all third party contracts pursuant to Section 12 I0 except that written approval is hereby granted for: Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes, anti in Rule al-Z, Florida Administrative ('ode. 2. Contracts furnishing contractual services or commodities less than $15,000. 3. Contracts for consultant services less than S5,000 Form Rex'. 7/1/98 I'ag~: 17 ~,t' 17 VEHICLE USE AGREEMENT This agreemertt, entered into this 1st day of April. 1999 between Collier, hereinafter referred [o a~ "Co,mly"~ and Children's Ser~ces of Florida, Inc. hereinafter referred to as "Operator" WHEREAS. Collier County. Florida (hereinafter "County") has acquired a certain vehicle or vehicles for the provision of paratransit services (hereinafter 'Vehicle(s)") and W~ER~S, County has contracted with COMSIS CorporalJon (hereinafter "COMStS") to manage the p.)ws~on of paratransit services and WHEREAS, County has entered into an agreement with COMSIS authorizing COMSIS to make Ihe vehicles available for use by Operator, and WHEREAS, COMSIS has entered into a Purchase of Service Agreement v, nth Operator for the provision ol paratransit services funded, in whole or in part. by County and WHEREAS, County desires to make the Vehicle(s) available for use by Operator in par~trans~t operat~on.~ managed for County by COMSIS, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and the premises se! fodh herein, County makes the Vehicle(s) listed on the Vehicle Schedule (Attachment A incorporated herein) available for Hse by Operator in accordance with the terms set forth in this agreement 1.0 Vehicle(s) Acceptance Operator assumes all risk and responsibility for the Vehicle(s) thereafter unbl returned to CounW. Vehicle(s) shall be returned to County in the same condition as originally delivered, ordinary wear and tear e~cepled 2.0 Use of Vehicle(s) Operator shall use the Vehicle(s) solely in the delivery of service !o eligible chents under the Purchase of Service Agreement between Operator and COMSIS. No other use may be made of the Vehicle(s) without the pdor vwitten permission of County, Operator will operate the Vehicle(s) in compliance with all applicable law~ and regulations, including traffic regulations, and municipal ordinances. COUNTY AND COMSIS MAKE NO WARRANTY OR REPRESENTATION CONCERNING THE VEHICLE(S) AND EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTY, IMPLIED WARRANT OR ANY RESPONSIBILITY RELATING TO THE FITNESS OR CONDITION OF ANY VEHICLE OR THE VEHICLES FITNESS FOR ANY PURPOSE PROVIDED HEREUNDER. 3.0 Term This agreement shall be for a term of 90 days, and may be renewed for successive one year pedods thereafter In the event that the Purchase of Service Agreement between Operator and COMSIS terminates for any reason, this agreement shall terminate on the same date In addition, COMSIS reserves the right to cancel th~S agreement, with or without cause on thirty (30) days notice to Operator and retake pos'~ess~on ol the Vehi~;le(s) or reallocate the Vehicle(s) Io another se~ce provider(s) 4.0 Maintenance Operator agrees to provide at its sole cost: 1. Lubflcants, tires, tubes and all other operating supphes nece.~sary for the Vehicle(.,;) 2. Maintenance and repairs including all labor and parts required to keep the Vehicle(s) m good operating condition 3. Regular extedor and interior washing and cleaning 4. Road service for mechanical failures 5. Repair of accident damage All repairs and maintenance shall be performed by personnel who have demonstrated the experience and skill necessary to perform the work, which shall be performed in a workmanlike manner to the generally accepted industry standard of quality. Operator will be solely responsible for the quality of all repairs and maintenance. Operator shall be responsible for negotiating and processing all vehicle warranty claims through the manufacturer's warranty representa~es and shall be responS~bl~ for the collecbon of any rhonfes or credits as a result of warranty claims Any momes or credits collected ffl exce~s of the c¢~,~t.~ of rel;a~ or rer~fwval egsoeiated wffh the claim shaft be cemdled to County. COMSIS reserves the right for itself or County to enter on the property of Operator el any location where the Vehicle(s) may be parked dunng planned or unannounced visits to inspect the Vehicle(s) and COMSIS or County may require the immediate repair thereof if the condition of the Vehicle(s) is not satisfactory. In lieu of the above, COMSIS or County may elect to perform or have performed, the services and or repairs required and offset the costs thereof against any amounts due and owing from COMSIS (or County pursuant to its contract with COMSIS) to Operator. Nothing herein shall relieve Operator of its obl~Jation to properly maintain the Vehicle(s). 5.0 Records. Operator shall prepare and keep vehicle files by vehicle number docurnenbng all Vehicle(s? ma~nten~m(.e including, without limitation, preventative maintenance, scheduled maintenance, mspec~ons, pads usage, unscheduled maintenance, and accident repairs. Said files shall be keep current throughout the duration of this agreement and a copy thereof shall be provided to COMSIS or County upon request and upon termination of this agreement. COMSIS and County shall have unrestricted access to all vehicle maintenance records dudng planned or unannounced visits or inspections of the Operator's facilities for the duration r~I this Agreement. 6.0 Maintenance program Within seven (7) days of receipt of the first Vehicle, Operator shall submit to COMS~S for review and app;oval. a complete and comprehensive preventatfve maintenance program for the Vehicle(s). Failure to comply Vath this requirement shall be grounds for immediate lermination of this Agreement and immediate repossession of the Vehicle(s). The maintenance program submitted by Operator shall meet or exceed the manufacturer's recommended or specified guidelines and shall include all add-on equipment, if any, *supplied with the Vehicle(s). When maintenance requirements are specified by the manufacturer for different ser~ce categones (such as 'normal service" and "severe service"), the most stringent and severe service guidelines shall be used. All parts and materials, including lubricanls and fuel, used in maintaining or operating the Vehicle(s) shall be in accordance with the Vehicle(s) manufacturer's specifica~ons for said pads and materials. 7.0 Vehicle(s) Safety Inspection Operator shall be. responsible for compliance with any state or local vehicle inspection programs. The cost~ of said inspections and any maintenance or repairs required to comply wrth said inspections shall be the responsibility of Operator. 8.0 Default Operator shall be in default of this agreement if any of the following events occur and rernain unc~re~J folloW~ng thirty(30) days written notice from COMSIS or County to Operator: 1. Operator or Operator's property are the subject of a proceeding in bankruptcy, receivership or insolvency or Operator makes an assignment for the benefit of creditors. 2. Operator fails to comply with the insurance provisions of this agreement and/or the Pu~r:hase of Service Agreement between Operator and COMSIS. 3. Operator fails to comply with any material term or condition of this agreement, includin.q without limitation, the maintenance and repair requirements. 4. Operator fails to answer traffic summons or pay fines when due. 5. Operator is found in default of the Purchase of Service Agreemenl W~th COMSIS. 6. Operator fails to keep the Vehicle(s) free of liens and encumbrances. 7. The Vehicle(s) is used for illegal purposes or driven by a person not in possession of tho proper license. 9.0 Remedies In the event that Operator is found by COMSIS or County to be in breach or default of this agreement, COMSIS or County, in add~on to the right to terminate this agreement, may at its elect~on, enter into Operator's premises and without further notice or demand take possession of some or all the Vehicles, and remove Ihem from Operator's premises without prejudice to any other remedies COMSIS or County may have uJ~der any agreement or at law or equity. Upon such repossession, COMSlS or County shall have the r~hl to inspect san Vehicle(s) and make any necessary repairs to said Vehicle(s) and offset the costs thereof against any arnourlts owing between COMSlS (or County under its ~:ontract with COMSlS) and Operator 10.0 Indemnification Operator agrees to indemnify and hold harmless County, COMSlS and their respective officers, agents and employees from and against any and all suits, claims, actions, losses, penallJes, and damages of whatsoever kind or nature, (including fines for traffic and parking violations) arising out of or in any way incident to or in connection with, the use, condition or operation of the Vehicle(s) hereunder, including without limitation, damage of any kind to the Vehicle(s), to third parties, and to property during the term of this agreement Operator further agrees to defend County and COMSIS in all legal or claim proceedings arising out connection with or in anyway incident to the use or operation of the Vehicle(s), to pay all costs of defense including attorney's fees, witness fees, and costs incurred directly or indirectly on account of said litigation or claim and to satisfy any judgement rendered in connection therewith and/or to pay the cci'sts of .setthncl litigation or claim. 11.0 Insurance Operator shall, at all times maintain insurance, in such amounts and as required in the Purchase of Service Agreement between Operator and COMSIS covering the Vehicle(s) and its operation 12.0 Theft or Destruction of Vehicle(s). Operator shall be solely responsible to COMSlS and County for any and all toss associated wrth the theft or destruction of the Vehicle(s) or the rendering of the Vehicle(s) unsuitable for use (as determ, ined by County or COMSIS) due to fire, riot. insurrection, act cf God. accident, or theft 13.0 Assignment This agreement may not be assigned by Operator. Operator. Vehicle(s) may be operated only by empioyeer, of Ihe 14.0 Federal Grant Compliance In the event the Vehicle(s) are acquired with Federal assistance, Operator will comply W~th all ;es;riclions o~ requirements contained in the grant agreement and requirements incorporated therein 15.0 No Property Interest in Vehicle(s) Operator shall acquire no property interest in the Vehicle(s) by virtue of. or operabon of. this agreement and they shall remain the property of County throughout the term of this agreement. Operator shall not disturb, remove or obstruct property tags or labels affixed to or on the Vehicle(s) by County Operator: Childrens Services of Florida DBA Caring for Kids Collier County: Attest: Dwight E. Brock, Clerk · "Attest as to s lga~ture 'enl.~. Approved as to form a Legal Sufficiency ba~d C:w~igek d'&unty/~orney Collier County Board of County Commissioners Caring for Kids Vehicle Inventory 4/12/99 VEHICLE NO. YEAR MAKE VIN NUMBER FDOT CONTRAC NO. 164 1993 Chew 30 2gbhg31j0p4120969 88164 61 1996 Fordlconv lfdle40fSthb62086 181061 162 1993 Chew 30 2gbhg31j3p4121680 8816~! 48 1996 Ford/conv 1fdle401'1thb62053 181048 468 1997 Ford/cony 1fdle40f4vhb88715 92135 46 1996 Ford/conv 1 fdke30f2shc08686 181046 I have received lhe attached vehicles on this date and have assumed responsibility and am maintaining insurance in the amount of $1,000,000 single limit liability with lhe followi.ng as additional insured. Comsis Mobility Services, Inc., ATC Vancom, ATC intelitran, L,L.C. Collier County, Florida DOT and the funding agencies. C ' '~ Services of~!~d_d~ (DBA Caring for Kids) VEHICLE USE AGREEMENT This agreement, entered into this 1st day of April, 1999 between Collier. hereinafter referred to as 'County", and Checker Cab of Collier Conunty Inc., hereinafter referred to as "Operator" WHEREAS. Collier County, Florida (hereinafter "County") has acquired a cedain vehicle or vehicles for the provision of paratransit services (hereinafter "Vehicle(s)'*) and WHEREAS, County has contracted with COMSIS Corporation (hereinafter "COMSIS") to manage the I:XOVision of paratransit ser~ces and WHEREAS, County has entered into an agreement with COMSIS authorizing COMSIS to make the vehtcles available for use by Operator. and WHEREAS, COMSIS has entered into a Purchase of Service Agreement W~th Operator for the proV~on of paratransit sewices funded, in whole or in part, by County and WHEREAS, County desires to make the Vehicle(s) available for use by Operator in paratransil operations managed for County by COMSIS, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and the premises set fodh here~n, County makes the Vehicle(s) listed on the Vehicle Schedule (Attachment A incorporaled herein) available for use by Operator in accordance with the terms set forth in this agreement. 1.0 Vehicle(s) Acceptance Operator assumes all dsk and responsibility for the Vehicle(s) thereafter until returned to County. Vehicle(s) shall be returned to County in the same condition as originally delivered, ordinary wear and tear excepted 2.0 Use of Vehicle(s) Operator shall use the Vehicle(s) solely in the delivery of service to eligible clients under the Purchase of Service Agreement between Operator and COMSIS. No other use may be made of the Vehicle(s) without the prior written permission of County. Operator will operate the Vehicle(s) in compliance with all applicable laws and regulations, including traffic regulations, and municipal ordinances. COUNTY AND COMSIS MAKE NO WARRANTY OR REPRESENTATION CONCERNING THE VEHICLE(S) AND EXPRESSLY DISCLAJMS ANY EXPRESS WARRANTY, IMPLIED WARRANT OR ANY RESPONSIBILITY RELATING TO THE FITNESS OR CONDITION OF ANY VEHICLE OR THE VEHICLES FITNESS FOR ANY PURPOSE PROVIDED HEREUNDER. 3.0 Term This agreement shall be for a term of 90 days, and may be renewed for succe.ssb/e one year pedods thereafter. In the event that the Purchase of Sauce Agreement between Operator and COMSIS terminates for any reason, this agreement shall terminate on the same date. In add~on, COMSIS reserves the right to cancel this agreement, with or without cause on thirty (30) days notice to Operator and retake possession of the Vehicle(s) or reallocate the Vehicle(s) to another sauce provider(s). 4.0 Maintenance Operator agrees to provide al its sole cost: 1. Lubricants, tires, tubes and all other operating supplies necessary for the Vehicle(s) 2. Maintenance and repairs including all labor and parts required to keep the Vehicle(s) in good operating condi~on 3. Regular extedor and intedor washing and cleaning 4. Road service for mechanical failures 5. Repair of accident damage All repairs and maintenance shall be performed by personnel who have demonstrated the experience and skill necessary to perform the work. which shall be performed in a workmanlike manner to the generally accepted industry standard of quality, Operator will be solely responsible for the quality of all repairs and maintenance. Operator shall be responsible for negotiating and processing all vehicle warranty claims through the manufacturer's warranty representatives and shall be responsible for the collection of any r~:onies or credits as a result of warranty claims. Any monies or credKs collecled in excess of lhe costs of repa~m or renewal associated with the claim shall be remitted to County. COMSIS reserves the right for itself or County to enter on the property of Operator or any Iocahon where Ihe Vehicle(s) may be parked during planned or unannounced visrts to inspect the Vehicle(s) and COMSIS or County may require the immediate repair thereof if the condi~on of the Vehicle(s) ~s not sal~sfactorv. In lieu of the above. COMSIS or County may elect to perform or have performed, the sauces and or repairs required and offset the costs thereof against any amounts due and owing from COMSIS (or County pursuant to ~ conb'act with COMSIS) to Operator, Nothing herein shall relieve Operator of its obl~galJon to properly maintain the Vehicle(s). 5.0 Records. Operator shall prepare and keep vehicle files by vehicle number doctJmentJng all Vehicle(s) maintenance including, without limitation, preventalNe maintenance, scheduled maintenance, inspections, pads t~sage, unscheduled maintenance, and accident repairs. Said files shall be keep ctJrrer~t throughout the dtJration o! this agreement and a copy thereof shall be provided to COMSlS or County upon request and upon termination of this agreement. COMSlS and County shall have unrestricted access to all vehicle maintenance records dudng planned or unannounced vPoJts or inspections of the Operator's facilities for the duration of this Agreement. 6.0 Maintenance program VVithin seven (7) days of receipt of the first Vehicle, Operator shall submit to COMSIS for review and ap~oval. a complete and comprehensive preventative maintenance program for the Vehicle(s). Failure to comply with this requirement shall be grounds for immediate termination of this Agreement and immediate repossessior~ of the Vehicle(s). The maintenance program submitted by Operator shall meet or exceed the man~t'ac!urer's recommended or specified guidelines and shall include all add-on equipmer~t, if any, supplied wrth the Vehicle(s). When maintenance requirements are specified by the manufach~rer for dif!'erent service categories (such as 'normal service" and "severe service'), the most stringent and severe ser,4ce guidelines shall be used. All parts and materials, including lubricants and fuel, used in maintaining or operating the Vehicle(s) shall be in accordance with the Vehicle(s) manufacturer's specifications for said parts and materials 7.0 Vehicle(s) Safety Inspection Operator shall be responsible for compliance with any state or local vehicle inspe, ction programs ] he costs of said inspections and any maintenance or repairs required to comply with said inspections shall [~; the resp<)nsib~lity of Operator. 8.0 Default Operator shall be in default of this agreement if any of the following events occ;~r ar)d remain uncured following thirty(30) days written nolJce from COMSIS or County lo Operator: 1. Operator or Operator's properly are the subject of a proceeding m bankruptcy, receivership or insolvency or Operator makes an assignment for the benerrt of creditom 2. Operator fails to comply w~/he insurance provisions of this agreement and/or the Pt~rchase of Service Agreement between Operator and COMSIS. 3. Operator fails to comply wffh any material term or condition of th~s agreement, ir~cludmg wflhout limitatioo, the maintenance and repair requirements. 4. Operator fails to answer traffic summons or pay fines when due 5. Operator is found in default of the Purchase of Service Agreem(;nt with COMSIS 6. Operator fails to keep the Vehicle(s) free of liens and encumbrances. 7. The Vehicle(s) is used for illegal purposes or driven by a person not in possession of the proper license. 9.0 Remedies In the event that Operator is found by COMSlS or County to be in breach or defaull of this agreement. COMSIS or County, in addition to the right to terminate this agreement, may at i!'s election, enter into Operator's premises and without further nome or demand take possession of some or all the Vehicles, and remove lhem from Operator's premises without prejudice to any other remedies COMSIS or County may have under any agreement or at law or equ~ Upon such repossession, CONtSIS or Counb/shall have the r~Jht to ~n.,~oect said Vehicle(s) and make any necessary repairs to said Vehicle(s) and offset the costs thereo~' against any amounts owing between COMSIS (or County under its contract with COMSIS) and Operator. 10.0 Indemnification Operator agrees to indemnify and hold harmless County, COMSIS and their re~pectfve officers, agents and employees from and against any and all su~, claims, actions, losses, penalties, and damages of whatsoever kind or nature, (including fines for traffic and parking violations) arising out of er in any way incident !o or in connecth3n with, the use, condition or operation of the Vehicle(s) hereunder, including wffhoul limitation. damage of any kind to lhe Vehicle(s), Io third par'des, and to property dudng the term of this agreement. Operator further agrees to defend County and COMSIS in all legal or claim proceedings a~ing oul of or in connection with or in anyway incident to the use or operation of the Vehicle(s). to pay all costs of defense including attorney's fees, witness fees, and costs incurred directly or indirectly on account of said I~gation or claim and to satisfy any judgement rendered in connection therewith and/or to pay the costs of settling said I~gafion or claim. 11.0 Insurance Operator shall, at all times maintain insurance, in such amounts and as required in the Purchase oi' Service Agreement between Operator and COMSIS covedng the Vehicle(s) and its operation. 12.0 Theft or Destruction of Vehicle(s). Operator shall be solely responsible [o COMSIS and County for any and all loss associated with the lheft or destruction of the Vehicle(s) or the rendering of the Vehicle(s) unsuitable for us~ ('as determined by County or COMSIS) due to fire. Hot, insurrection, act of God. accident, or theft. 13.0 Assignment This agreement may not be assigned by Operator Operator. Vehicle(s) may be. operated only by employees of the 14.0 Federal Grant Compliance In the event the Vehicle(s) are acquired with Federal assistance, Operator Vail comply with all restrict~or~s or requirements contained in the grant agreement and requirements incorporated therein 15.0 No Property Interest in Vehicle(s) Operator shall acquire no property interest in the Vehicle(s) by virtue of, or operation of, this agreement and they shall remain the property of County throughout the term of this agreement. Operator shall not disturb, remove or obstruct property tags or labels aff~ed to or on the Vehicle(s) by County. IN wf'rNESS WHEREOF, the parties have c~used this agreement to be executed 3n the date and year above written. VEHICLE INVENTORY FOR CHECKER CAB Revised 04/12/99 VEHICLE IYEAR MAKE VIN NUMBER FDOT CONTRAC NO. 165 1993 Chevy 30 2gbhg3158p412198 88165 37 1995 Ply/Minivan 1p4gh44r'xsx50631 181037 114 1995 Ford/conv 1fdke30f5shb19761 92114 49 1996 Ford/conv 1fd140f3thb62054 181049 47 1996 Ford/conv 1edle40fxthb62052 181047 42 1995 Ford/conv 1fdke30fxshb17326 18102 51 1996 Ford/conv 1fdle40fothb34809 18~051 35 1995 Thomas Bus 1hvdbabkxsh664404 181035 163 1993 Chevy 30 2bghg31j3p412680 88163 49 1997 Ford/conv 1fdle40f6vhb88716 92154 41' 1995 Ford/conv 1fdxe30f15hb17329 181041 50 1996 Ford/conv 1 fdle405thb62055 181050 36 1995 Thomas Bus lhvbdabnlsh66465 181036 I have received the attached vehicles on this date and have assumed responsibility and am maintaining insurance in the amount of $1,000,000 single limit liability with th~ following as additional insured.~._.C.omsis Mo~'t~,,¥ Services, Inc., ATC Vancom, ATC intelitra~. LL.C. Collier County, F~"~ DDT an~J,~h,e"funding agencies Checke~'~ab of Collier C/ount~ Inc. Operator: Checker Cab of Collier County Collier County: Attest: Dwight E. Brock, Clerk % Attest az tOl. ChlJ~.$ · stg~atQre Oely, ~prov~ as to form an Legal 8uffiden~ Collier County Board of County Commissioners Davd C. Weigel, Co~n-ty ,N~mey Date: To: From: C.C.: July 20. 1099 Ellie Hoffman. Deputy Clerk. Minutes and Records Gavin Jones. P.E.. Transportation Planning Manager Robert Mulhere. AICP. Planning Sen'ices Director John Limbaugh, Intergovernmental Liaison. FDOT Ft. N, lvcrs o/]icc Re: New Grants to Collier Count)' a,s thc Community' Transponalion r'~x~rdinalor Attached is the original, fully executed copy of a grant agreement in connection with thc April 2. 1999 BCC meeting. If you have any questions, please call me. Collier County Metropolitan Planning Organization 2800 No(th I lo~cshoc [)rive Napte~, Florida 34104 SAMAS Approp: 088846 Fund: TDTF FM/Job No(s).:__2_0_Z24_6,.LS_40_L__ SAMAS Obj.' 790056 Function: 035 596000558017 Org Code: 55 12 O0 00 952 Contract No.: AH039 Vendor No.: FLORIDA COMMISSION FOR TIlE TRANSI'ORTATION I)ISAI)\'ANTA(; El) SUPPLEMENTAL GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~\?.~, t day of ~3'-."3( I c;_qc-t..., by ami bcI~ccn ~l~c ST,,\'Ft'i OF FLORIDA COMMISSION FOR THE TPo\NSPORTATION DISADVANTAGEL). created pul~u;mt lo ('hap,er ,1,27. F.S., hereinafter called the Commission and 3:0J.Tamlaml 'Frail F, ast. N~lplc~,j:lorida 3,111 Collier County Board of County Commissioners," ' ' . ...... hereinafter called the Agency. WITNESSET}t: WHEREAS, the Commission and the Agent'3.' heretofore on thc April 13, 1999 . entered into a (iran, Agreement; and WHEREAS, the Commission desires to participate in all eligible items of development fl~r ,hi.,, project its outlined in Iht' attached Amended Exhibit(s) B NOW, THEREFORE, THIS INDENTURE WITNESSET}I: that for ,'md in consideration of thc mutual benefit.,, to flow from each to the other, the parties hereto agree that the above described Grant Agreement is m be am,re,lcd and supl;Icmcnlcd .'~s follows: 1.00 2.00 EXCEPT as hereby mt~lified, amended or changed, all other terms of thc Agreement dalcd _ remain in full force and effect. purpose of Agreement: The purpose of the agreement is m,t changed. Accomplishment of the Project: The accomplishment of the project is no~ chan?d Article 3.00 of ~id Agreement i,~ increa.~d by $__J.,5..,.22.Q.,..~-,~L_~ bring,ng th..:' re'. ,~,d c,tlm.,tcd h,t,d c,~,t ~,l the project to $~22~_42~. Article 4.00 of ~id Agreement i,, increased b) $ . 14,145A.K'I bnngmg the Commp.,,ien', rex ,,ed .',hare tn Iht: project to $ 10'/.208.00 . Exhibit(,,) B of.~id Agr~rnent t~, {are) replaced by Amended Exhihtt('~) _._13_~_ rc,,pcctivcly and which is (are) attached hereto and made a part hereof. ;'~plIJ__L,.I.~ 1999 shall Form Rev. '/11198 Page FM/Job No(s).' 20_224_01_8401 CONTRACT NC),_ AGREEMENT I)AT[:. ' IN WITNESS WHEREOF. the parties hereto have caused Ihese presents be executed, Ih~. da', and ,,,.'ar tir..t ;,h.xc x~tittrn. AGENCY: _ Collier County B{2C BY: PAMELA S. MAC'KIE TITLE: CHA I Rwo~M&N ATTEST:,, CSEAi ,) TITLE: i/' CHAIRPERSON OR DESIGNEE COMMISSION FOR Till:. TRANSPORTATION D1SADVANTAG[iD ./ ..V^'rrEsz_~.~i/.X:''~., ----~ .--- ~ ...... ) NOTARY A1TY Sl · DW. l G~(5.~;-, ~ Re9~ CLERK- ..... beput~y Clerk " ~tt~st as to Ctd'~r~Un'$, ' (SEAL) DATE FUNDING APPROVED BY COMPTROI.I.ER (SEE ATlrACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Form Rev. ?/1/95 Page 2 o! 3 FM/JOB NO(S). 23724618401 CONTRACT NO. ¢-'~ tq £.~;,c4 EXIIIBIT "B" PROJECT BUDGET AND CASil FLOW This exhibit forrrus an integral part of that certain Grant Agreement between the Florida Commission tbr the Transportation Dimdvantaged and Collier County Board of County Commissioners. 3301 'Fan3iami Trail East. Naples. Elorida 34112 dated :j-k~.~( ,.~.~::, ~cfCICl_ PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Mamtal for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revimd on April 20. 1998. Trips shall be purchased at the fares indicated in the approved service plan pursuant to Rule 4 I-2, Florida Administrative Code. Non-sponsored Trips $119,120.00 II. TOTAl. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) Local Cash Funds Voluntary Dollar Contributions Monetary Value of In-Kind Match Total Project Cost $119,120.00 S 107.2o8.o0_ 1.912.00 0.00 0.00 1.,~ 1,.0.00 III. DISBURSEMENT SCttEDULE OF COMMISSION (State) FUNDS ( $ x 1000) Jul Aug Sep Oct Nov Dec Jan Feb. Mar Apr FY 98/99 35.736 FY 99100 May Jun. 35.736 35.736 Form Rev. 7/I/98 Page 3 of 3 SAMAS Approp: SAMAS Obj.: Org Code: 088846 790056 55 12 0000952 Fund: 019 FM/Job No(s).:_?,._O_724648401 __ Function: 035 Contract No.: AHI51 _ Vendor No.:____~96000558107. FLORIDA COMMISSION FOR THE TRANSPORTATION I)IS,\I)VANTA(;EI) EMERGENCY GRANT AGREESII,;NT THIS AGREEMENT, made and entered into this t]t? day of ( ~/ );'d ........... It).__r. 2. by and between the STATF~ OF FI.ORIDA COMMISSION FOR Till:. TIL';~NsI'r)t{T]'~:i:'I()N I>I.'-;AI>VANT.,X(',F~I) created pursuant to Chapter 427, Florida Statutes, hereinafter called tile Commission and ......................... Collier County Board__~fCounty Commissioners. 3301 lamiarni _ .' ' .__: ......... 2 ....... 12 Tr~ul t;il,q,~ Napl;?~, I. Io~ ida 3.11 ..................... hereinafter called tile Grantee. \V1TNESS F. WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake Ibc Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys for the provision of non-sponsored transportation se~'iccs and other rcsp, msibili.tics identified in ('hapter 427, Florida Statutes or roles thereof.: NOW. TtlEREFORE, in consideratkm of'the mutual covenants, promises and representations herein, thc parties agree as follows: 1.00 Purpose of Agreement: The purpose of.this Agreement isto Provide assistance for non-sponsored transportation .~er'¢ices in accordance with the Transportation Disadvanta~ed~ Trust Fund in Chapter 427, Florida .S',att:trs,, Rtsle .11-_," Fl,~rida .,\dministrati,:c ('ode, Commission policies, and the Emergency Fund Directives; and as further described in Exhibit(s) A. B. C and D attached hereto and by. this reference made a part hcrcot; hereinafter called the Project: and, to provide Commission non-sponsored financial assistance to ~hc (;rantce and state the terms and conditions upon which such non-sponsored financial assistaacc will be plovidcd and thc understandings as to the manner in which the Project will be undertaken and completed Form Re','. 7II/98 l'agc I of 17 I'agcs 2.00 Accomplishment of the Project: 2.10 General Requirements: Tile Grantee shall comrnzncc, anct complete thc Pr,~jc'ct as described in Exhibit "A" x~th all practical dispatch, in a sound, economical, and efficient manner, and in accordance witln the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and l,oc:fi I,aw: In thc evcm ~hat any dection, rclL'~cmlum, apprm,'al. permit, notice, or other proceeding or authorization is requisite under applicable law t~l cnahlc the (;rantce to enter into this Agreement or to undertake the l'rojcct hereunder. (,' to ot~xcr,.'c, assume ~,~ ca~v ~,ut any ofthe provisions ofthe Agreement. the Grantee will initiate and consummate, a,, pr<~x'idcd by law, all actions necessary with rcspecl to any such matters so requisite 2.30 Funds of the (;rantee: Thc Grantee shall initiate and prosecute t~, comp!el:on all p~,.~cccdings necessary to, enable tile Grantee to provide tile neccssa~' funds for complcti,m of t.hc Ih,wcl 2.40 Submission ofi'roceedings, Contracts antt Other l)ocuments and Products: Thc (irantcc shall submit to the Commission such data, repo~s, records, contracts, certifications and othc~ financial or operational documents or products relating to the Project as the Commission may require trader this agreement including those listed in Exhibit "C". Failure by the Grantee provide other documents or products required by previous agreements bctxvccn thc ('<mm~ission and the Grantee, may, al the Commission's discretion, result in rclhsal 2.50 [ncnrporation by Reference: Thc Grantee and (.'on,:fis4~m ab,~,:c thai I,v cntc~in.t.: intt:, this Agreement, the parties explicitly incorporate by reference into this :Xgrecment thc I,txv and provisions of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative ('ode, tile Emergency Fund l)ircctix'es and the Application and Policy Manual for the Trip & Equipment (}rant, as rc','i~cd on April 21~. 3.00 Total Project Cost: The total estimated cost of the Project is $30.28~') r)(~ This am~unt is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof Thc (h-antt.'c agrees tt; heal' all expenses in excess ofthe total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed itl accordance with Article I 1.00 hcreot'a.qcr completi~m et'thc pr,~.jcct 4.00 Commission Participation: The Commission agrees to maximum participalion, including contingencies, in the Project in the amount orS. 35.3,';2,00 _ as detailed in Exhibit "B", or in an am~mr~t equal to thc percentage(s) of total actt,al project cost shown in Exhibit "B". v,'hichever is less 4.10 Eligible Costs: Trip and Equipment (}rant Funds and Emergency Funds derived exclusively t'~m~ the Transportation Disadvantaged Trust Fund, ma),' only be used bv the Commission and the (;rantce t0 subsidize a portion ora transportation disadvantaged person's transportation costs x,,'hich is not sp(msorcd by an'~' t~ther agency, and then only if a match, as specified in the Application and l'oiicv Nlanual fol the 'l'/ip and Equipment Grant, is provided by the Grantee or is otherwise approved bv the ('ommissitm 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is st,bjcc't to. a) The understanding that disbursement of funds ,,viii be made in accordance xvith tile Commission's cash forecast: Form Rev. 7/I/98 }'age 2 .f 17 Pages b) Availability offunds as stated in Article 17.00 ofthis ,\grccmcnt. c) Commission approval ofthe project scope and budget (Exhibits :\ & B) at thc lime ~q~proi~riation authority becomes available. d) Submission ofall certifications, invoices, detailed supportii~g dt~ctuncntafi(m, ol ~,thcr ~,hligating documents and all other terms of this agreement; 4.30 Front End Funding: Front end funding is not applicable 5.00 Retainage: Retainage is not applicable 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Iludget: Thc Grantee shall maintain the Commission appro','cd Ih~jccl lt~dgct, as set forth in Exhibit "B", car%' out the Project, and shall incur obligations against ami mz&c dislnu'scmcnls of PrQect ~nds only in conformity ~Sth the latest approved budget for the Project The budgcl may bc revised periodically, but no budget re~qsion shall be effective unless it complies with fired pa~icipation requirements established in Article 4.00 ofthis Agreement and is approved in writing by irc Commissim~ Any budget revision which changes ti~e fund pa~licipation requirements established in Article ,100 of Iris agreement shall not be effective unless approved in writing by the Commission and ~he l:l~)rida l)cpar'tmcnt ~,t"l'~ ansportation Comptroller 6.20 Schedule of l)isburscmeots: The Grantee shall abide hv thc ('{mm~i~,,dt~n a. pprovcd ¢lisbtlr,,,cmcnls schedule, contained in Exhibit "B". This schedule shall shov,' estimated disl;ut,~cment t,f (Mmmission funds for the entire term ofthe Project by month or quarter of the fiscal year in accordant,: with (7olnmission fiscal policy. The schedule may be divided by Project phase v. here such division is determined t{3 hc al)proptiatc bv the Commission An.,,' significant deviation from the approved schedule in F. xhibit "l:l" requires ?,dvance submission of a supplemental schedule by thc agency and advance approval by Reimbursement for the Commission's share of the prQect shall not be made Iht an amt,unt greater than cumulative total up to an.,,' given month as indicated in the disburscmcnl schcduh~ in t"xhibit "~:~" 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: Thc Grantee shall establish for the Project, in confomfity with the latest cu~ent unifo~ requirements established bv thc Commissi{m *o thcilitate the administration of the non-sponsored financing program, either separate accounts to bc maintained within its existing accounting system, or establish independent accounts Such non-sponsored financing acc{rants are refe~ed to herein collectively as the "PrQect Account". The Project Accmmt, and detailed dt,c:umcnlation supposing the Project Account, must be made available upon request, withou~ cost, ,t~ thc ('~,mmissim~ any time during the period ofthe Agreement and for five years after final payment is made or il' any audit has been initiated and audit findings have not been resolved at thc end of five 5'ca~s, thc records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project The Grantee shall appropriately record in thc Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payrnents received hv it from the Commissicm pursuant to this Form Rev. 7II/98 I'agc 3 Agreement and all other fimds provided for, accruing to, or otherwise received on account of thc l'rojcct, which Commission payments and other funds are herein collectively reCerrcd to as "l~rojcct Ftmds" The (hantce shall require depositories of Project Funds to secure continuously and fully all I'rojcct I:umls in excess of the amounts insured under Federal plans, or under State plans which have been approved for thc deposit of Ih ~.j,:ut funds by thc Commission, by the deposit or setting aside of collateral of the types anti ill tile manner az prexcrihcd hv State lax,.' for the security of public fi,rids, or as approved by the Commission 7.30 Costs Incurred for the Project: The Grantee shall charge to tile Project Account only eligible costs ofthe Proj<t. Costs in excess ofthe latest approved budget, costs which arc m~t wilhin thc ~tatul~rv criteria for the Transpo~ation Disadvantaged 3mst Fund. or attribulahic t(, act,,m, ~ hich h.~ c n,,t met ti~c othc~ requirements of this Agreement. shall not be considered eligible ct,~ts 7.40 l)ocumentation of Project Costs: All co.qs charged to thc t)r(~!,..,.~ ,::chhltng an', app~(v,'cd services contributed by the Grantee or others, shall be supported by properly cxcctltcd p:~,. i'~,}l., I1;I~.' rc,:~Id,;, in',oiees. contracts, driver's manifests, vouchers, ,,'chicle titles, and detailed 5Ul~l~Orlin.t.: d,~c~im,.'nlati~,n cvidcm:ing in proper detail the nature and propriety of the charges Records must I~e kept t~ .sho:,. h~,.', thc vahw placed on third party transactions was derived 7.50 Checks, Orders, anti Vouchers: Any check or order drax,.'n bv Iht (;rantce x,.ith ~cspcct item which is or will be chargeable against the Project Account will be drax,.'n truly in ac¢o~d',mee x,,'it}i a properly signed voucher then on file in the office o['thc (;rantcc stating itl p~pcr detail thc pmlmSC which such check or order is drawn All checks, payrolls, invoices, conlracts, vouchers. ,~rdcrs. or other accounting document'~ pertaining in whole (,r in part to the ['roicct shall t,c clca:'lv i(Icmificd. accessible, within the Grantee's existing accounting svstem, and. t~, :h¢ cxtznt Ik:,~sihlc. kept separate and apart from all other such documents 7.60 Audit Reports: The Grantee shall provide for each of it.,, fiscal x'ca~ s l'~r which thc I'r~jcct Account remains open, an audit repo~ prepared either by its official audm~r or msctit agency ~, an inclcpcnctcnt public accountant, reflecting the use of the non-sponsored transportation Funds of thc ('ommission, thc Grantee, and those from any other source with respect to the Project Audils shall be pert~)rmed accordance x~th Generally Accepted Auditing Standards and the Govcrnmcm :Xudilin~ ~tandard~ For financial and performance audits contained in the Standards lgr Audit of Governmental ()rgani/atitms,,,Ih'ogram . ActMties and Functions, issued by the U.S General Accounting ()fl~cc, and (.)MI~ Circulars A-12,~ or A-I if applicable The Grantee shall requite auditors to include a schedule ()f assistance that will reflect the agreement Contract Number, WPI Number and/or Job Number and thc atm,~nl o~' State fimding action (receipt and disbursement of~nds) and any Federal m local fimding action and fimding action source with respect to the project The Grantee ~hall also require auditors to determine cmnpliancc with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special ('onsidera~ions hy Gramcc" 7.70 Insurance: The Grantee shall carry insurance on Project vci~iclcs and cqt~ipmcm, and gt]ari~ntcc liability for minimum coverage as follows: 7,71 I,iahility: Liability coverage in an amount of $100.O00 for any one (I) person. $200,000 per occurrence at all times in which Project vehicles or equipment arc engaged itl approved project actMties. The Grantee shall insure that contracting Transportation Operators also maintain tile same minimum liability insurance, or an equal governmental insurance program. Form Rcv. 7/I/98 i'%'c .1 .f 17 t':~cs 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any arnot,nt required to pay for any damages to the Project vehicle(s) and equipment including restoring Itl its then n~arkct value or replacement. 7.73 Property Insurance: The Grantee shall carry, fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other lh;m vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will bc primary tt~ anv other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminar3,' Action by lite Grantee: In order to obtain any Transportation I)isadvantagcd '['rusl Funds, the Grantee shall: 8.11 File with lite Commission for the Transportation Disadvantaged, 005 Suwanncc Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition on fi, tm or forms prescribed by the Commission, and such other detailed supposing documentation pertaining to tile l'roject Accotmt and the Project (as listed in Exhibit "C" hereof) as thc Commission may require, to .juslil? and support Iht payment requisitions, invoices, and vouchers, inch,ding, at a mininmm: (1) the date the Grantee incurred project costs and equipment, vehicles or other propcr~y tlr services associated with the Project~ (2) a statement by the Grantee certifying that the Grantee has acquired the property or services: (3) the actual consideration paid for the property~ and (4) an attestation, on the form or forms prescribed by the Commission. from thc t~cad of thc Grantee, under the penalties of' perjury, that the Grantee has complied with the provi,~ions of thc (;rant Agreement. The designated signatory of,he Grantee must sign the follox,~:ing auestation which appears on all Commission form invoices and requisitions: I certify, under penalty of pcrjuD', that thc aforesaid hs!ing is fruc and corrccl, and thc Agency has complied with the provisions of the Agreement~ 8. ! 2 Comply with all applicable provisions of this Agreement 8.20 The Cmnmission's Obligations: Subject to other provisions hcreot; the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs t lowevcr, notwithstanding any other provision of this Agreement, the Commission may give written notice ~o the Grantee that it will refuse to make a payment to the Grantee on the Project Account it': 8.21 Misrepresentation: The Grantee has made misrepresentations of'a matcrial nature in its application, or any supplement thereto or amendment thereof', with respect to any doct,ment tlr record of data or certification furnished therewith or pursuant hereto; Form Rev. 711198 I'agc 5 of 17 l'agcs 8.22 Litigation: There is pending litigation with respect to thc performance by tim Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has riffled ~r rcfi~scd to provide to ibc Commission detailed documcmation of requisitions or codifications tq' actions taken. 8.24 Couflict of Interests: There has been any violation of thc conflict of interest provisions, prohibited interests, or lobbying restrictions, comained herein, 8.25 l)efauit: The Grantee has been determined by the Commission lo be in dcfitult trader any ()t' thc provisions of this or any other Agreement wlfich the Grantee has with thc Commission, 8.26 Supplanting of Funds: The Grantee has used Transportation l)isadvantaged Trust Funds to replace or supplant available and appropriate funds for the same put poses, in violation ot' ('hapter 427, Florida Statutes 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, lhe Commission will exch, dc all costs incurred by the Grantee prior to the effective date of this Agreement. costs ~.vJlic}~ arc Hot provided for in the latest a'pproved budget for the Project, costs whict~ are not within thc statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable Itl goods, equipment, x'chiclcs or services received under a contract or other arrangements which have not been appro,, oJ in xx riling t~,,' ~l~c C'ommission or certified by the Grantee, pursuant to Exhibit "C". 8.40 Invoices for Goods or Sen'ices: Im,'oiccs for goods or services or CXl;Cnscs t'~rovidcd or incurred pursuant to this Agreement shall be submitted in detail sufficient t'o~ a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for ~roject funds will be cause tbr the Commission to refuse to pa.,,' the amount claimed by the Grantee unt'il the Commission is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual fi)r the Trip 8,: F. quipn~cnt Grant is met. 8.50 Conunission Claims: If, after project completion, any claim is made by the C'ommissi(m resulting from an audit or for work or se~'ices performed pursuant to this agreement, tile Commission may olt~et such amount from payments due for work or services done under any grant agreement wificl~ it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach ofomtract bv the Commission. 9.00 Termination or Suspension of Project: 9.10 Terminatiou or Suspension Generally: If the Granlee abandons or, bet'mc completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20. or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all ofits obligations under this Agreement until such time as the event or condition resulting Form Rev. 7/!/98 Page 6 of 17 l'agcs in such suspension has ceased or been corrected, or thc Commission may terminate any or all of its obligations under this Agreement 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any tinal termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to canv uttt thc actions required therein which may include any or all of the folloxving: (I) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required t~r desirable to keep to the minimum the costs upon the basis of which the financing is ~o be computed. (2) thrnish a statement of thc project actMties and contracts, and other undertakings thc cost ot' which arc t~lhcrwisc includable as Project costs; and (3) remit to the Commission such portion of thc financing and any advance payment previously received as is determined by the Commission to be duc under thc prtwisim~s of thc Agreement. q'he termination or suspension shall be carried out in contbrmitv with thc latest schedule, plan. and budget as approved by the Commission or upon thc basis of te"ms and c{mditi{ms imlmscd hv the Commission upon the failure of the Grantee to furnish the sctmdule, plan, and hmlgct withi,~ a reasonable time. The acceptance ora remittance by the Grantee shall not constitute a waiver of,~nv claim which the Commission may othenvise have arising out of this Agreement 9.30 Public Access to Records: The Commission resm~'es the right to unih~Icralh' cancel this agreement for refusal by the Grantee or its contractors to allow public access to all ctoctm~cnts, paper's, letters, records or other materials subject to the provisions of Chapter 119. Florida Statutes. and ma(lc ~,' received in conjunction with this agreement. 10.00 Remission of l'ro.ject Account [limn Completion of Project: tJpon c'omplctitm and alic~ linancial audit of the Project, and after payment, provision for payment, or reimbursement ot'all Projecl cusls payable t'r~m~ the Project Account is made, the Grantee shall remit to the Commission ils share ,,r any unexpcndcd balance in the Project Account 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors t,~ permit, the Commission's authorized representatives to inspect all work. materials, payrolls, rcc~;rds, and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasomd~lc times including upon completion of'the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Parly Agreements: ]'he Grantee shall not execute any contract o~ ubligatc itself in any manner requiring tile disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third [)arty with respect to tim Project without being able to provide a written certification by the Grantee that tile contract or obligation ,,vas executed in accordance with the competitive procurement requirements of (,hapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of,'Xlarmgemcnt Services Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by tile Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agrecmei~t, it explicitly certifies that all of its third party contacts will be execuled in compliance with this section. Form Re,.'. 7/1/98 12.20 Compliance with Consultants' Competitive Negotiation Act: It i~ tmdcrstt~,d and a~t.'cd by the parties hereto that participation by the Commission in a project with a (irantee, where the pro. itel involves a consultant contract for any service, is contingent on the Grantee complying in fidl with provisit~ns rd' Seclion 287.055, Florida Statutes, Consultants Competitive Negotiation Act Thc (;r:t~lcc shall ccrtifv c~t~q~liancc with this lax,,, to the Commission for each consultant contract it enters 12.30 Competitive Procurement: Procurcme,~t of'all services, vet~icle?,, Ctltfil~mCnt ~r ~he~ co~umotlitics shall comply with the provisions off Section 287.057, Florida Statutes [!pt,~ the ('ommissi~,~'s rctlt~cst, the Grantee shall certit'v compliance with this lax,.'. 13.00 Restrictions, l'rohibitions, Controls, and Labor Provisions: 13.10 Equnl l-:mph~yment Opportunity: In connection with thc carry~I~ t~t~: ~t' ~his ..X?ccmc,l. thc Grantee shall not discriminate against any employee or applican~ t~t cmpl~ymc~ I,ccat~c ~l' t~cc. age, disability, creed, color, sex or national o~igin. The Grantee will take affirmative action t, c~st~re that applicants are employed, and that employees are treated during employment, ~ithout rc~atd t, their race. age. disability, creed, color, sex, or national origin Such action shall include, but ~tq bc I'imitctt lt~. thc fidh~wing Emplo)~ent upgrading, demotion, or transfer, recruitment or recruitment advc~tisi~lg, lavolF t~ tc~ ruination, rates of pay or other fom~s of compensation; and selection for training, includin~ apprenticeship Thc Grantee shall insert the foregoing provision modified only to show the particular conlraclual ~cl'alit,lship in all its contracts in connection with the development of operation of the Project, except CO[llFils:ls l~r thc slandard commercial supplies or raw materials, and shall require all such ct~ntract~ l,~ in~e~ a similar pr,,vision in all subcontracts, except subcomracts for standard commercial supplies or raw ~alc'rials 'l't~c ( i~ a~t.:c sl~all post, in conspicuous places available to employees and applicants for employmen~ l~r Pro cot wt~rk, i~t~tices setting fo~h the provisions of the nondiscriminati~n clause 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the rCClUircmcnt:, imposed by Title VI ofthe Civil Rights Act of 1964 (78 Statute 252), the Regulations o!'the Federal l)epartmcnt of Transportation, the Regulations of the Federal Department of Jtl~tice and the asst~rancc by thc Grantee pursuant thereto 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in xvriting bv ~he ¢'on~mi~4,,n..~, c, ft',zc~ cffti~c Grantee, or employee acting in his or her official capacity as a purchasing age~, :,hall either directly or indirectly purchase, rent. or lease any realty, goods, or services fi)r the (;rantcd from any business entity of which the officer or employee or the officer's or employee's business associate an officer, partner, director, or proprietor or in which such officer or employee employee's spouse or child, or any combination of ~hem. has a material 13.32 Business Conflicts: Unless authorized in writing by the Commissi{m.' it is unlawfid fi~r an olticer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee ofthe Grantee has a financial interest, to bid on. enter into, or be personally interested in thc purchase or the furnishing of any materials, services or supplies to be used in_the work of this agreement or in the performance of any other work for which thc Grantee is responsible Form Rev. 711198 l'a~:c i< ~f 17 Pages 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks btisiness relations with tile (;ran(cc 13.34 Former Employees - Contractual Sc(wi(es: [ nlcss authorized iq writing by thc ('ommissi~,n. no employee of the Grantee shall, within I 5'ear after retirement or tcrminatitm, have o~ hold any employment or contractual relationship with any business entity in connection xvith any contract for contractual services which ,,vas within his or her responsibility while an employee 13.35 Former Employees - Consultiug Sera;ices: Fhe sum of money paid"l,~ a fi,~mc~ employee the Grantee during thc first year alter the cessation of his or her rc~ptmiibiiitics, by thc ( ;ranlcc, contractual sec'ices provided to the Grantee, shall not exceed the annual ~al;um' rcccix'cd on thc (late cessation of his or her responsibilities The provisions of this section may be xx aix-cd hv thc (;ram cc a particular contract if the Grantee determines, and the Commission app~ox'cs, that ~uch waiver will result in significant time or cost savings for the Grantee and tl~c pr-icc( The Grantee shall insert in all contracts entered into ill connection with thi~ ..\grccmcnl aim shall ~cquirc its contractors to insert in each of their subcontrncts, the folloxving "No member, officer, or employee o['thc Grantee during his (came t,~ t'~r one ,,'ea~ thercal'ter shall have any interest, direct or indirect, in this contract or the proceeds thereof" Thc provisions ofthis section shall not be applicahle to any agreement bctv. eon thc titanic( and its lis(al depositories, or to any agreement lbr utility services tile rales fi,,r xvhi~ h ale tixcd ~, c,mtrollcd IW a Governmental agency 13.40 Non-discriminatior~ of Persons x, Vith l)isabilities: Thc (h antcc and any of its c,mt~act{n s of their sub-contractors shall not discriminate against anyone on the basis of a I,andicap or di. sability (pilysical, mental or emotional impairment) The Grantee agrees that no funds shall be used to rem, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be he}d in any Facility unless the facility is accessible Io persons with disabilities. The Grantee shall il!s,.: assure compliance with The Americans with Disabilities Act of 1990, as it may be amended fi'om time to time. 13.50 Lobbying Prohibition: No Grantee ma.,,' use an,,' fimds received pursuant to this Agreement for thc purpose of lobbying the Legislatt,re. the judicial branch. ,'~r a state agency Nc, Grantee mav employ any person or organization with funds received pursuant to this Agreement for thc purpose of lobbying tile Legislature, the judicial branch, or a state agency 'l'he "purpose of lobbying" includes, but is not limited to. salaries, travel expenses anti per diem. the cost For publication and distribution of each I'nd~lication used in lobbying; other printing, media; advertising, including production costs, postage, entertainment, ami telephone and telegraph; and association dues. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to. or transact an.,,' business with any person or affiliate on the convicted vendor list for a period of 36 months from tile date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from thc list pursuant to section 287.133, Florida Statutes ]'he Grantee ina',' not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at thc time of thc commissi{m of a public entity Form Rev. 7/I/98 l'agc 9 of17 I'agcs crime which resulted in that person being placed on the convicted vendor list. the (;rantcc may als~ not accept any bid from, award any contract to, or transact an)' business with any other pc~ son wh,~ is under thc same. or substantially the same. control as the person whose name appears on thc om,.'iclcd vcndo~ lisl s~) long as, that person's name appears on the convicted vendor list 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Propc, sals, Plans. and .'qpecilicatitms li',r the aCClUis:itu,n. [cc,mst ruction.. or improvement of vehicles or equipment, shall show that st,ch xthicles or equipment ate cqt~ipped tt~ prevent and control envircmrnental pollt,tion 14.20 Comm issio,~ Not Obligated toThird Parties: Thc ('omtni~.sUm,hall m~! bt't~l,lLualcd ~u' liabtv hereunder to any pan.,,' other than the Grantee. 14.30 When Rights and Remedies Not~A'aivcd: In no event shall thc making bv thc (hmmUssitm ofanx pa)qnent to the Grantee constitute or be construed as a waiver by thc Commission ~t' any bs each of c~wcnanl or any defauh which may then exist, on the pan of the Grantee. nnd the making of such payment by the Commission while any such breach or default shall exist shall in no way impai~ ~'i~ p~ c}udicc any right or remedy available to the Commission for such breach or default 14.40 llowContractAffectedhy Provisions Beingllehl Invalid: Ifanx p~o,.'isiont,F~hisAg~ccmcntis held invalid, the provision shall be severable and the remainder ofthis Agrecmcnl shall not I,c affected In st,ch an instance lhe remainder would then continue to cont'o~ m to thc tc'rms and tcqtiit cmcnl 5 ~,!' al~pJicabh: law 14.50 Bonus and Commissions: By c×ecution of the ,.\greemcm the (;rantcc ,,cprcscnts that il has not paid and, also, agrees not it) pa.,,', anv bonus or commission fi~r thc t>urposc ~,t ,btaininu an apprt,.'al of its application for the financing hereunder 14.60 State or Territorial l.av,': Nothing in the Agreement shall require ;i~e (. ;ramco u, ,,bsc~ vc t, cnlbrce compliance with any provision thereof, perform any other act or do any t,lhcr thing in ct,n~;'aventi~m ,fanv applicable Slate or federal laxv: Pro~Sded, thai ifany ol'the provision~ (~l'~}~c Agreement vu,.latc ally applicahlc State or t~deral law, the Grantee will at once notify lhe CommNsim~ in xvr'i~mg m tud,:r l]lal al~pr~priatc changes and modifications may be made by the Commission anti thc (trainee to lhc cml th:~l lhc (;rantec may proceed as soon as possible wilh the Project 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased ",,'chicles or Equipment: Thc(iranteeagrccst. maintain thc vehicles and equipment purchased or financed in whole or in pa~t put ~tlanl lo this Agreement in good working order tbr the useful life of the vehicles and equipment Thc (;rantec agrees m~t ~o make alterations or modifications to the equipment or vehicles x~ilh,ml thc consent of thc ('ommissi{m Any lease or assignment of operational responsibility ofprQect vehicle, and equipment is not allowed unless approved in writing by the Commission 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transportaticm nc'ods ~,t'thc ntm-sptmsored and in Form Rev. 71119,'4 I'agc IC~ ~,1 17 I'at2cs support ofthe ser¥ice plan established under the provisions of Rule .11-2. Florida Administrative ('ode. to sewc the transpoflation needs of the transpoflation di.~advantagcd of thc area l.cased and purchased Project equipment and vehicles shall be operated to their maximum p{,ssiblc clt~ciencv Purchased vehicles and equipment will be used for the period of their uscfi~l lix'c~ in acc~tdancc with thc most current Commission policies. The Commission may, alter consultat,m with I},: (;ranlcc. relocate purchased equipment and vehicles that il dccm~ to be underutilized ~,' lhal i~ nol bcinu ~pc~alcd fi~r ils intended purpose INs tmdemtilized equipment and vehicles will bc ~ctmncd t~ t l~c ('~,mmis~ion at a specified Iocalion al a mutually agrecaNc time Rcimbu[,cmcnl nf any cqt~ily ~,~' iul,.'~cq ~1' thc (;rantcc will be made after another party has assumed thc obligati~m~ undo[ l}~c Icl Ills ;~l~,t ~,,ldil"ms ~,f ti~is Agreement or disposal of said items by sale has occtlrrcd Thc (',,mmissi~m ~hall mnkc Ibc sole determination ofthc Grantee's interest and rchnburscmcnI ..k~ dclcrmmcd by Ibc {'~mm~is~i~m. l]ulurc to satishctorily utilize vehicles and equipment which arc leased with P~oicc~ fim,l~ ~hall bc ~utt]cienl cause fi~r nm~-paymcnt by thc ('ommission as provided in Pa~,m~alq~ x 2 a 14.73 Disposalol'l'urchased Project Equii~ment:Thc(irantccmuq ~cqucq x~cnapprt,~al thc Commission prior to disposing ofany equipment purchased or J]uanccd in wh{flc ~,J in pall to this Agreement. including vehicles, during ils uscfid litL', fi, any pt,~p,~c Pt{)o:c(t~ t),,m Ibc purchased project equipment and vehicles shall bc dt~ctl~l~cntcd il} thc Nojcct filc(s)bx Ibc (h With the approval of the Commission. these proceeds may be rc-invc~ted fi~r itnv purpose xvhich expands transpo~lalion disadvantaged semices fi)r the non-sponsored lfthe (Jranlee does not elect re-invest for purposes which expand transpo~ation disadvantaged sca'iccp, the g~s~ pr~cccds t),m~ ~alc 14.74 PropertyoftheAgreement:Thcpurchascofallvchiclc'sand cql,pmcut t'~nam'cdinwholeot in part pursuant to this Agreement shall I,c undertaken bx Ibc (}~mtcc im btqlalf {,1' thc Fl,,ri(Ia Commission for tim Transpo~ation Disadvantaged in accordance xvilh 5tatc'rcgtlla!itms a~ld statutes Title lo any vehicle purchased with Project fimds shall be in thc name of :he (irant~c, subject to lien in hvor of the Commission. The Commission will relinquish all intcrc~l in Ibc vehicles and equipmenl when it has reached the end of its usefi~l lit~ and the vehicles or cquipmcnl arc taken out ot'scrvice At this time the Commission will salis~' its lien of record provided lhal Ibc p~,,,:cccls fT,ml disp(,sal arc pul back into providing expanded transportation disadvantaged services tbr lhc n{m-sponsorcd 15.00 Plans an(I Specifications: In thecvcntthatthi'~agrccmcntinvolvcsthcp',chasimz~t'caPilalequipment or major components ttlcrcof, upon the Commissiorfs request thc (ir'antcc shall su}m:~t t,~ thc ('{,nmi,~sion. certification that all such equipment meets or exceeds thc reqt, irements as identified in lixhibit "A" Failure to abide by this requirement shall be sufficient cause for nonpayment by the ('onlmissiorl a,; provided in Paragraph 8 23 16.00 Contractual Indemnity: To thc extent permitted by lay< the (;rantec shall indcmnilv, del~'nd, save. and hold ha~less the Conlmission and ali their officers, agents or employees flora all stms. action~, claims, der,ands. and liability ofany nature whatsoever arising out o[ because o[ or due to breach of lhe agreement by thc Grantee or its subcontractors, agents or employees or duc to arlv negligent act. m occur~ cncc oF omission or conmfission ofthe Grantee. its subcontractors, agents or employees Neither thc (JralllCc i~o~ fray of its agents will be I~able under this a~icle for damages arising out ofiqiuW or damage to persons or properly directly caused ~ resulting from the sole negligence of the Commission or any of their ofliccrs, agents or cmph~yces 'I he parties agree that this clause shall not waive the benefits or provisions of Section 768 28. FIoridn Statutcg or any simik~r provision Form Rev, 7/1I':)8 , , i ...... I~l~l - ---I III II II I I II ....... Illl ................... ii of law. Notwithstanding thc foregoing, pursuant to Section 768; 2R. Florida the state shall be required to indemnify, insure, or assume any lim~ililv flor thc 17.00 ApproI'}riation or Funds: 17.10 Thc Stale of Florida's performance and obligatic, n to pay undc~ tl.~ a?ccmcnl ~'. c,mti.ucm up~m a, annual appropriaticm by the Legislature 17.20 Multi-Year (iommilntent: Whereas !he ('omrnis,4t,'~ is created ~ thc Fl,,~{la I)cpartmcnt Transp(mation (1)epamnent) and assigned to thc Secretary oFlhc Fh.ida l)cpa~tmt'nl {,t"l'~;~nsp~lali~m administrative and fiscal accountability pu~'poses, in Iht event this [tgl'CClllClll I, ill CXq'CSS {*1' $2q,t)t}() illld has a term for a period (ff more than fmc year. Ibc provisions ,d' Sccti(m 3 I~) I; q{ 7)(a) ~llltt Ncction 287 Florida Statutes, arc hereby inc~rporatcd The Departmcni'. during any fiscal .,.'car. shall nc, t expend m{mcv, incu~ anx !tabilily. contract which, by ils terms, involves thc expenditure of money in excess ~ff thc an,~mnts }mdgctcd as available fi.~r expenditure during such tiscal year Any contract, verbal ot x~ ~itlen, made m violation of this subsection shall be null and void, and no money may be paid or: stroh v¢mt~act Thc Depaflment shall require a statement from the comptroller oFthe Departt~cnt that fi~nds are available prior to entering into any such contract or other hinding commitmc,t .f fi~mls N~thing l~crcin contained shall prevent the making ofcc, ntracls fi~r periods cxccccling fmc year, bt~l made shall be executory only fi)r thc value oflhe services t~) hc rcn(Icrcd ,,~ agrcc(l I,, bc p;~id fi~r i~ succeeding fiscal years, and this paragraph shall be incorp{~ratcd x'ctha~im in all c~ n~racts ~1' thc Depamnent which are tbr an amount in excess of lwenty-fivc thousand dollars and haxing a period of more fi~an one year" In the event that this Agreement is for more than one year. this Agreement ri:ay }:c ~cacx~cd on a yearly basis for a period of up to 2 years after the initial Agreement or fi)r a pcrit~d no I~mgvr than thc tc~ n~ ~1' ~hc m iginal Agreement, whichever period is longer, on the condition that renewals 4~all hc conlingcnl upon satisFacto~ performance evaluations bv the Grantee and is subject to li:e availability ~,t' fi~nds 'l'hc ('{mm~ission's performance and obligation to pay under any inuhi-vcar Agreement is explicitly continl:cnl upon a:~ a~lrlilal appropriation by ~he l.cgislamre 18.00 Expiration of Agreement: The Grantee agrees to complete the i'roject on or before ._J_~.!nc._;~), 1999 If the Grantee does not complete the Project within this time period, this agreement v~dl expire unless an extension of'thc time period is granted to thc Grantee in writing by the Chairperson (',f tile ('ommission f'o[ thc Transp()rtation Disadvantaged or designee. Expiration of'this agreement will bt ctmsidcrc'd termination of' tile l'r()ject and thc procedure established in Article 900 of this agreement shall be initiated. For the pt,'pose of ti'tis Article, completion ofproject is defined as thc latest date by which services may have been provided (~r cqt~ipmcnl ftlnds may have been expended or obligated under a purchase order, as provided in thc project dcscriF, ticm (l';xhibit "A") Unless othemvise extended by the Commission, all reirnbursen'~cnt invoices must be received bv thc ('ommission no later than 90 days after the expiration date ofthis agreen'mnt 19.00 Agreement Format: All words used herein in the singular from shall extend to an(t im:h~dc tilt plural All words used in the plural form shall extend to and include the singular All words used in any gender shall extend to and include all genders Form Re,.'. 7/1198 I~a~c 12 20.00 Execution of Agreement: This agreement may be simultaneot,sly executed in a minimum o£ two counterparts, each of v. hich so executed shall be deemed to be an original, and sm:h c,mnlct i~a~ ls t¢~gcther shall constitute one in the same instrument. 21.00 Vendors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422. Florida Statutes l lpem receipt, the Commission has five (5) working days to inspect and approve the goods and services unldss thc bid specifications, purchase order or contract specifies othenvise. The Florida Department (ffTrat~sportation hax 211 day~ tt~ deliver a request for payment (voucher) to the Department of Banking and Finance Thc 2o days arc mca.,,mcd from latter ofthe date the invoice is received or the goods or services are ~¢ceix'ecl, inN)coted. ;md ll~a payment is not available within 40 days after receipt of thc invoice and ~cceipt, inspcctim~ and approval of goods and services, a separate interest penalty per day (as defined by Rule) ,.,.'ill be due and payable, in addition to the invoice amount to the Grantee. The interes! penalty provision applies after a 35 day time period Io health care providers, as defined by nile. Interest penalties of less than one (1) dollar will m,t be enforced unless lbo (;rantee requests pa)anent. Invoices which have to be returned to a Grantee because of vcnd¢:r prep,, at i,m crr~rs wilt result in a delay in the payment. The invoice payment requiremenls do not start until a properly complclcd invoice is provided to the Commission. A Vendor Ombudsman has been established within the Commission of Banking amt Fin;moo The duties el'this individual include acting as an advocate for vendors who may be experiencing problems in cbt;fining timely payment(s) from the Commission The Vendor Ombtldsrnan may be contacted al (850) 488-2')2,1 or b;' calling the State Comptrollm"s l{o~line, i-800-848-2924 Form Re','. 7/17)8 }'age 1 ~; of 17 I';,::c, FM/JOB NO(S) ___2_0_22_4_b4 84 01______ CONTRACT NO____ AH151 AGREEMENT DATE /:~(:r-; I "~',(cl'l< t IN WITNESS Wt IERI?,OF, the par'lies hereto have caused these presents be executed, thc day and vcar Ih'st above written. GRANTEE /')Collier County BCC , t "'"' , COMblISSION FOR TIlE TRANSPORTATION I)ISAi)VANTA(;EI) TITLE: ATTEST ':./~' -' · ' ' NO']'ARY ATTEST: TITLE: fSEAL~ DATE FUNDING APPROVED BY' COMI)TR(}IJ,I..'R ,aEE ATTACttED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) %ll?~lCtCt Form Rev. 7/I/98 l'agc 14 of17 Pages FM/JOB NO(S).._20.724648401 CONTRACT N()__ AltlS~J, EXlilBIT "A" PRO,I ECT DESCRIPTION AND RESi'¢)NSIFIII,ITI ES EMERGENCY GRANT This exhibit forms an integral part ofthat Grant Agreement, dated between the State of Florida, Commission for the Transportation Disadvantaged Collier County Board of C'gunty Commissioncr~. 3301 'l"0.mi3mi Trail PROJECT LOCATIO~N: Collier County PROJECT DESCRIPTION: To provide assistance for non-sponsored transportation servicc,~ in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes. Rule ,11-2. Florida Administrative Code, Commission policies, and the Emergency Fund Directives. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida ,Statutes and Rule 41-2. Fk,rida .'\dministrativc (?ode. Trips shall be purchased at the fares indicated in the approved service plan pursuam to Rul,· 41-2~ Fl<'icla Administrative Code. Capital equipment will consist of: None SPECIAL CONSIDERATIONS BY GRANTEE: All project equipment or ,,'chicles shall meet or exceed the applicable criteria set fi~rth in the Florida Department of Transportation's equipment specifications, "Guidelines for Acquiring \'chicles" dated October 19c)3 (t:r as updated), "Part 1, Bid Documents," dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized Vehicles," daled July 1993 (or as updated), or criteria set tbr'th by an5' other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Form Rev. 7/1/98 Page 15 -f 17 Pages FM/JOB NO(S) .__2f.?_24048401 ................ CONTRACT NO_._ At~tI__51 ................. EXillBIT "Ii" PROJECT BUDGET AND CASll I:I~()NV This exhibit forms an integral part of that certain Grant Agreement bctxvccn the Florida Commission f'~r thc 'Fransl~ortation Disadvantaged and .. Collier County Board of County Commissionerl;. 3301 Tami~mfi Troil U..;_~st. N~pJ.cs. Florida 34112 dated PROJECT COST: Estimated Project Cost shall conl'orm to those eligible Costs ~ indicated by. Chapter 427. }:!orida Statulcs. Rule 41-2. Florida Administrative Code. thc most current Commission policies and the Application and the approved l'imergcnc~ l:tmds Directives. Trips shall be purchased at the fares indicated in thc approved scrx'~cc pl,m F~t:rsuanl I~ Rule ,11-2' I:lorida Administrative Code. Non-sponsored Trips II. TOTAL SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds Local Cash Funds VoluntaD' Dollar Contributions Monctarv Value of In-Kind Match Total Project Cost S39.28().~10 $ 3 $ $ 0,00 $,,, 0,00 $ 39,g80,00 III. DISBURSEIMENT SCllEDULE OF COMMISSION (State) FUNDS ( $ x I000) Jul Aug Sop Oct Nov Dec Jan Feb Mar FY 98/9p FY 99/00 Apr May 27.9 7.5 Jtlll. Form Rev. 7/1/98 Page 16 o1' 17 Pages FM/JOB NO. 2Q_7_2_4.0_4.~1) 1 ..... CONTR,.\CT N(I ....... ALII 5_1. EXIilBIT "C" EMERGENCY GRANT This exhibit forms an integral part of that certain Grant Agreement bctv,'cen the Florida ('ommission l'of the Transportation Disadvantaged and Collier County Boo. r6 of County Commi~ioner~, 3301 71'_~ni 'l'_r'd~JI l~a3.L Naples. Florida 34112~_ dated (4(?,, ~ :),, ~'_~.E. t~i~_ ............. THE GRANTEE SHAI.L RETAIN AND/OR SUBMIT THE FOLI.OWING RliO:..tlRl(I) I)()('1 rNll,.N'I'S AND CERTIFICATIONS: DOCUMENTS; Submit invoices fc, r goods and services, with detailed supporting doct~me, nlati,m, in dclail sufficient for a proper preaudit and postaudit thereof Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail sufficient for a proper preaudit and postaudit thereof CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on ti~e acqtfisition ~ffvehicles as it pertains to thc Americans with Disabilities Act of 1990, as amended Said certificatim~ shall accompany any reimbursement request for vehicles and shall use the Commission approved format THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Sea, ice Plan as set forth in section 287.042(2), Florida Statutes. and in Rule 41-2, Florida Administrative Code 2. Contracts furnishing contractual sen'ices or commodities less than Sl 5.000. 3. Contracts for consultant sec'ices less than $5,000 Form Rev. 711/98 l'agc 17 of 17 t'agcs · EXHIBIT D FLORIDA COMMISSION FOR THE Tr. ans=ortation DECLARATION OF EMERGENCY This ORDER of the Executive Director of the Commission tbr thc Transportation Disadvantaged is made and DECLARED pursuant to the provisions of Rule 41-2, Florida Administrative Code, whereby a condition of emergency for the handling of transportation services for tile transportation disadvantaged is found to exist. WHEREAS, tile Community Transportation Coordinator for Collier County, Good Wheels, Inc., resigned effective April 2, 1999; and, WHEREAS, not having a Community Transportation Coordinator for Collier County will result in a substantial denial of transportation to thc transportation disadvantaged; and, WHEREAS, it is vital to the public health, safety and welfare of the transportation disadvantaged within this area to have access to life-sustaining transportation opportunities as quick as possible; and, NOW THEREFORE, it is determined that an emergency in regard to the provision and availability of transportation services to the Iransportation disadvantaged does exist and that delay in effecting the provision or arrangement of such sec'ices will be detrimental to transportation disadvantaged citizens. IT IS ORDERED, in accordance xvith the Co~nmission tbr '['ransportati~m Disadvantaged Emergency Fund Directives, that the Commission tbr thc Transponation Disadvantaged hereby designates thc Collier Counly Board County Commissioners to se~'e as the Community Transportation Coordinator Collier County, effective April 2, 1999. The Commission fi~r Iht 'l'ransl)ortali(~ Disadvantaged authorizes Southwest Florida Regional Planning Council a~d Collier County Board of County Commissioners to take custody of any capilal equipment purchased by Good Wheels, lnc., with Transportation I)isadvamagcd Trust Funds. The Commission for lhe Transportation Disadvantaged authorizes Southwest Florida Regional Planning Council and the Collier County Board County Commissioners to take custody of any documents regarding c(mlractual matters with the Commission for the Transp6rtation Disadvantaged, clicnl records, financial records, program records and every other clocumcld required tu~dcr contracts or under State regulations. IT IS Al,SO ORDERED, in accordance with the Con,mission for thc Transportation Disadvantaged Emergency Fund Directives, that C'ommissi(',l~ f()r tile Transportation Disadvantaged Emergency Funds be available to Collier Cotmlv Board of County Commissioners, serving as Ibc Community Transp.:.matiot~ Coordinator for Collier County for thc provision oftranspm'tatim~ services. This Emergency Declaration and Order is effective immcd|atclv and shall remain in effect until otherwise authorized by tile Commission for the Transportation Disadvantaged. DONE AND ORDERED this.z:~day of April 1999. n Hutchinson Executive Director Commission for the 'Fransportalion I)isadvamagcd A'"~tested to: Executive Secretary .":'~:':?:~,~'. .-'~"'i5' '4"; ~.." ,~ ~... :,~