Backup Documents 01/13/2015 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST&ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to Co y or Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
'SRS( 1i't,/if
4. BCC Office Board of County Commissioners
5. Minutes and Records Clerk of Court's Office
1(15(15 44.31eArl
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Trinity Scott &Tessie Sillery Phone Number 252-5832
Contact/ Department Public Transit& HD Enhancement 252-5840
Agenda Date Item was 1-13-2015 Agenda Item Number 420 #13980 /
Approved by the BCC VVV `,(Q-1 - Z V
Type of Document Shirley Conroy Rural Area Capital Number of Original 4e
Attached Assistance Program Grant Application Docttments Attached
PO number or account
number if document is to �.
be recorded
Special Instructions Below:
All signatures must be in blue ink.
Prior to fedex package call Trinity Scott 252-5832 and/or Yousi Cardeso 252-5886 to review packet—thank you
Please fed-ex—PO#4500154126 and/or FED ACCT#
• (2)Originals of the grant application
• (DO NOT COMPLETE THE EFFECTIVE DATE AT THE TOP AS THIS INFORMATION WILL BE INSERTED BY THE GRANTOR AGENCY)
Send to Sheri Powers, Florida Commission for the Transportation Disadvantaged, 605 Suwannee Street, MS 49, Tallahassee, Florida 32399-0450.
(850)410-5710.
• Please email the tracking #to trinityscott@colliergov.net&tessiesillerv@colliergov.net'
INSTRUCTIONS &CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(I ' i4) Applicable)
I. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,provide the Contact GSCASSX:A��
Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, t
with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other \ r,
parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final i
negotiated contract dater whichever is applicable. yi
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are
required.
7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to fi 1!4
the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and /
require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of '
your deadlines!
8. The document was approved by the BCC on 1-13-2015 and all changes made during the meeting have been
incorporated in the attached document. The County Attorney's Office has reviewed the changes,if
applicable.
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed .1p
by the BCC have been made,and the document is ready for the Chairman's signature.
1602
MEMORANDUM
Date: January 21, 2015
To: Trinity Scott, Public Transit Manager
Public Transit & NBHD Enhancement
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: FY14/15 Commission for the Transportation Disadvantaged
Shirley Conroy Rural Area Capital Assistance Grant Agreement
Attached for your records is a copy of the agreement referenced above, (Item #16D2)
approved by the Board of County Commissioners on January 13, 2015.
Per direction, the original agreement(s) has been sent to Sheri Powers with
Florida Commission for the Transportation Disadvantaged for further processing.
After the document(s) is signed by all appropriate parties, please return a fully
executed agreement to the Minutes and Records Department, thereby providing
for a fully executed document in the Board's Official Record.
If you have any questions, please feel free to contact me at 239-252-8406.
Thank you.
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SAMAS rJ:C0009846 Fund:TDTF FM/Job No(s).: 41065618401
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Org Co e: __ 12 00.�� 952 Contract No.: ,q4'./4 7/ Vendor No.: 59-6000558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE PROGRAM GRANT
THIS AGREEMENT, made and entered into this . day of /:- `), -'r' iJ' , 20 / by and
between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED,created
pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County Board
of County Commissioners, 3299 Tamiami Trail, Suite #700, Naples, Florida, 34112, hereinafter called
the Grantee.
WITNESSETH:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services and other responsibilities identified in Chapter 427,
Florida Statutes or rules thereof;
NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to:
Provide financial assistance to Community Transportation Coordinators in rural areas for the
purchase of capital equipment. These grant funds are to be expended and utilized in accordance
with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2,
Florida Administrative Code, Commission policies, the Application and Program Manual for the
Shirley Conroy Rural Area Capital Assistance Program Grant as revised on September 2, 2014,and
as further described in Exhibit(s)A, B, C and D attached hereto and by this reference made a part
hereof, hereinafter called the Project; and, to provide financial assistance to the Grantee and
state the terms and conditions upon which such financial assistance will be provided and the
understandings as to the manner in which the Project will be undertaken and completed.
2.00 Accomplishment of the Project:
2.10 General Requirements: The Grantee shall commence, and complete the Project as
described in Exhibit "A” with all practical dispatch, in a sound, economical, and efficient manner,
and in accordance with the provisions herein, and all federal, state and local applicable laws.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 1 of 26
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16D
2.20 Pursuant to Federal, State,and Local Law: In the event that any election, referendum,
approval, permit, notice, or other proceeding or authorization is requisite under applicable law to
enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to
observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.30 Funds of the Grantee: The Grantee shall initiate and prosecute to completion all
proceedings necessary to enable the Grantee to provide the necessary funds for completion of the
Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission may
require as provided by law, rule or under this agreement including those listed in Exhibit "C."
Failure by the Grantee to provide such documents, or provide other documents or products
required by previous agreements between the Commission and the Grantee, may, at the
Commission's discretion, result in refusal to reimburse project funds.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the
applicable law and provisions of Chapter 427, Florida Statutes, Rules 14-90 and 41-2,
Florida Administrative Code, and the Application and Program Manual for the Shirley Conroy
Rural Area Capital Assistance Program Grant as revised on September 2, 2014.
2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating
board annually evaluate the performance of the Grantee using evaluation criteria approved by the
Commission. A copy of the evaluation report will be given to the designated official planning
agency and the Commission. The Grantee must fully cooperate with the local coordinating board
in the performance of its duties. The Grantee shall submit to the local coordinating board such
data, reports, records, contracts, certifications and other financial or operational documents or
products relating to the Project as provided by law, rule or under this agreement. Failure by the
Grantee to cooperate with, or to provide such documents or other products to the local
coordinating board may, at the Commission's discretion, result in permissible sanctions against the
Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $ 58,298.00 . This amount is
based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits
involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of$ 52,468.00 as detailed in Exhibit "B", or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 2 of 26
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4.10 Eligible Costs: Shirley Conroy Rural Area Capital Assistance Program Grant Funds, derived
exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the
Commission and the Grantee to subsidize a portion of the purchase of capital equipment, and then
only if a match, as specified in the Application and Program Manual for the Shirley Conroy Rural
Area Capital Assistance Program Grant is provided by the Grantee. Areas designated as part of the
Rural Economic Development Initiative (REDI) may be granted a reduction or waiver of match.
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 subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Article 17.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available.
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement;
4.30 Front End Funding: Front end funding is not applicable.
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area may not
borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated
service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged
Trust Funds, which the Grantee actually uses to transport eligible transportation disadvantaged
passengers in the coordinated system.
5.00 Retainage: Retainage is not applicable.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless it
complies with fund participation requirements established in Article 4.00 of this Agreement and is
approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Article 4.00 of this agreement shall not be effective unless approved in
writing by the Commission and the Florida Department of Transportation Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B," or upon completion of project.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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7.00 Accounting Records, Audits and Insurance:
7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish
for the Project, in conformity with the latest current uniform requirements established by the
Commission to facilitate the administration of the non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish
independent accounts. Such non-sponsored financing accounts are referred to herein
collectively as the "Project Account." The Project Account, and detailed documentation
supporting the Project Account, must be made available upon request, without cost, to the
Commission any time during the period of the Agreement and for five years after final
payment is made or if any audit has been initiated and audit findings have not been resolved
at the end of five years, the records shall be retained until resolution of the audit findings.
Should the Grantee provide"sponsored"transportation to other purchasing agencies within
the coordinated system during the time period of this Agreement,the Grantee shall maintain
detailed documentation supporting the "sponsored"transportation to the other purchasing
agencies, and must make this documentation available upon request, without cost, to the
Commission any time during the period of the Agreement and for five years after final
payment is made or if any audit has been initiated and audit findings have not been resolved
at the end of five years, the 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 the project Account, and deposit in a bank or trust company which is a member of
the Federal Deposit Insurance Corporation, all non-sponsored transportation payments
received by it from the Commission pursuant to this Agreement and all other funds provided
for, accruing to, or otherwise received on account of the Project, which Commission
payments and other funds are herein collectively referred to as "Project Funds."The Grantee
shall require depositories of Project Funds to secure continuously and fully all Project Funds
in excess of the amounts insured under Federal plans, or under State plans which have been
approved for the deposit of Project funds by the Commission, by the deposit or setting aside
of collateral of the types and in the manner as prescribed by State law for the security of
public funds, or as approved by the Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are
not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or
attributable to actions which have not met the other requirements of this Agreement, shall
not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the Project, including any
approved services contributed by the Grantee or others, shall be supported by properly
executed payrolls, time records, invoices, contracts, drivers manifests, vouchers, vehicle
titles, and detailed supporting documentation evidencing in proper detail the nature and
propriety of the charges. Records must be kept to show how the value placed on third party
transactions was derived.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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1613 2
The Grantee shall provide sufficient detailed documentation for each cost or claim for
reimbursement to allow an audit trail to ensure that the services or costs incurred were
those, which were promised. The documentation must be sufficiently detailed to comply with
the laws and policies of the Department of Financial Services.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with
respect to any item which is or will be chargeable against the Project Account will be drawn
only in accordance with a properly signed voucher then on file in the office of the Grantee
stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in
whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees
existing accounting system, and, to the extent feasible, kept separate and apart from all other
such documents.
7.60 Audit Reports
Part I: Federally Funded
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined
in OMB Circular A-133, as revised) are to have audits done annually using the following
criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its
fiscal year, the recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT"D"to
this agreement indicates Federal resources awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year,the
recipient shall consider all sources of Federal awards, including Federal resources
received from the Commission. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular
A-133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the
recipient shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, is not required. However, if the recipient elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised the
cost of the audit must be paid from non-Federal resources(i.e., the cost of such an
audit must be paid from recipient resources obtained from other than Federal
entities).
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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16D2
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the
awarding federal agency.
Part II: State Funded
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year, the recipient must have a
State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services
and the CFO; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT"D"
to this agreement indicates state financial assistance awarded through the
Commission by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Commission,
other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. The Recipient shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. However, if the recipient elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from the nonstate entity's resources (i.e., the
cost of such an audit must be paid from the recipient's resources obtained from
other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance
(CSFA) title and number, award number and year, and name of the state agency
awarding it.
Part III: Other Audit Requirements
The Recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of the
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 6 of 26
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1602
audit findings is required. Current year audit findings require corrective action and status of
findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action
is completed or the dispute is resolved. Access to project records and audit work papers shall be
given to the Commission, the Department of Financial Services, and the Auditor General. This
section does not limit the authority of the Commission to conduct or arrange for the conduct of
additional audits or evaluations of state financial assistance or limit the authority of any other state
official.
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by Part I above shall be submitted, when required by Section
.320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each
of the following:
A. Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAuditftdot.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse) at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320
(e) and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by Part I above
and conducted in accordance with OMB Circular A-133, as revised, is not required to be
submitted to the Commission for reasons pursuant to section .320(e)(2), OMB Circular A-
133, as revised, the recipient shall submit the required written notification pursuant to
Section .320(e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly to each of the following:
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 7 of 26
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Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit@dot.state.fl.us
In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall
submit a copy of the reporting package described in Section .320(c), OMB Circular A-133,
as revised, and any management letters issued by the auditor, to the Commission at each
of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit@dot.state.fl.us
3. Copies of financial reporting packages shall be submitted by or on behalf of the recipient
directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit@dot.state.fl.us
And
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by audit findings shall be submitted
by or on behalf of the recipient directly to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit@dot.state.fl.us
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the
Shirley Conroy Rural Area Capital Assistance Program Grant agreement for a period of at least five
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 8 of 26
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16D2
years from the date the audit report is issued, and shall allow the Commission, or its designee,
CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Commission, or its designee, CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless
extended in writing by the Commission.
Monitoring:
In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised (see
"Audits" above), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff. The recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Commission. In the event the Commission
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply
with any additional instructions provided by the Commission staff regarding such audit. The CTC
further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Florida Department of Transportation's Office of Inspector General (OIG)
and Florida's Chief Financial Officer (CFO) or Auditor General.
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged in
approved project activities. The Grantee shall insure that contracting Transportation
Operators also maintain the same minimum liability insurance, or an equal governmental
insurance program.
7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s)and equipment including restoring to its then
market 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 than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
7.74 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation
Disadvantaged Trust Funds, the Grantee shall:
8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee
Street, Mail Station 49, Tallahassee, Florida, 32399-0450, an invoice on forms prescribed by
the Commission, and such other detailed supporting documentation pertaining to the Project
Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to
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justify and support the payment requisitions, invoices, and vouchers, as specified in the
Commission's Grant Agreement and the Application and Program Manual for the Shirley Conroy
Rural Area Capital Assistance Program Grant as revised on September 2, 2014.
8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the
provisions of the Agreement and that all invoices and support documentation will be true and
correct.
8.20 The Commission's Obligations: Subject to other provisions hereof, 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. However, notwithstanding any other provision of this Agreement, the
Commission may give written notice to the Grantee that it will refuse to make a payment to
the Grantee on the Project Account if:
8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in
its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the 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 failed or refused to provide to
the Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
8.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
8.30 Disallowed Costs: In determining the amount of the Grantee payment, the
Commission will exclude all costs incurred by the Grantee prior to the effective date of this
Agreement, costs which are not provided for in the latest approved budget for the Project,
costs which are not within the statutory criteria for the Transportation Disadvantaged Trust
Fund, and costs attributable to goods, equipment, vehicles or services received under a
contract or other arrangements which have not been approved in writing by the Commission or
certified by the Grantee, pursuant to Exhibit"C."
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8.40 Invoices for Goods or Services: Invoices for goods or services or expenses
provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. Failure to submit to the Commission detailed
supporting documentation with the invoice or request for project funds will be cause for the
Commission to refuse to pay the amount claimed by the Grantee until the Commission is
satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida
Administrative Code, and the Application and Program Manual for the Shirley Conroy Rural
Area Capital Assistance Program Grant as revised on September 2, 2014, is met.
8.50 Commission Claims: If, after project completion, any claim is made by the
Commission resulting from an audit or for work or services performed pursuant to this
agreement, the Commission may offset such amount from payments due for work or services
done under any grant agreement which 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 of contract by the
Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before
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 of its
obligations under this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected, or the 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
final termination or suspension notice under this Paragraph, the Grantee shall proceed
promptly to carry out the actions required therein which may include any or all of the
following: (1) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to the minimum
the costs upon the basis of which the financing is to be computed; (2) furnish a statement of
the project activities and contracts, and other undertakings the cost of which are otherwise
includable as Project costs; and (3) remit to the Commission such portion of the financing and
any advance payment previously received as is determined by the Commission to be due
under the provisions of the Agreement. The termination or suspension shall be carried out in
conformity with the latest schedule, plan, and budget as approved by the Commission or upon
the basis of terms and conditions imposed by the Commission upon the failure of the Grantee
to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a
remittance by the Grantee shall not constitute a waiver of any claim which the Commission
may otherwise have arising out of this Agreement.
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9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel
this agreement for refusal by the Grantee or its contractors to allow public access to all
documents, papers, letters, records or other materials subject to the provisions of Chapter 119,
Florida Statutes, and made or received in conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and after
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of
any unexpended balance in the Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit,
the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project at all
reasonable times including upon completion of the Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide a written certification by the
Grantee that the contract or obligation was executed in accordance with the competitive
procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the
rules promulgated by the Department of Management Services. Failure to provide such
certification, upon the Commission's request, shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance
with this section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each
consultant contract it enters.
12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, the Grantee shall not discriminate against any employee or applicant for employment
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development of operation of the Project, except contracts for the
standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants for
employment for Project work, notices setting forth the provisions of the nondiscrimination clause.
13.20 Title VI -Civil Rights Act of 1964: The Grantee must comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964(78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice and the
assurance by the Grantee pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
officer of the Grantee, or employee acting in his or her official capacity as a purchasing
agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
for the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be
personally interested in the 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
the Grantee is responsible.
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 business relations with the
Grantee.
13.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
have or hold any employment or contractual relationship with any business entity in
connection with any contract for contractual services which was within his or her
responsibility while an employee.
13.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
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salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines, and
the Commission approves, that such waiver will result in significant time or cost savings for
the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub-contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
funds shall be used to rent, lease or barter any real property that is not accessible to persons with
disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons
with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act
of 1990, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The purpose of
lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; and telephone and telegraph; and
association dues. The provisions of this paragraph supplement the provisions of section 11.062,
Florida Statutes, which is incorporated by reference into this Agreement.
13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes.
The Grantee may 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 the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
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14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and the remainder of this Agreement
shall not be affected. In such an instance the remainder would then continue to conform to the
terms and requirements of applicable law.
14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it
has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State or federal law: Provided, that if any of the provisions of the
Agreement violate any applicable State or federal law, the Grantee will at once notify the
Commission in writing in order that appropriate changes and modifications may be made by the
Commission and the Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
14.70 Purchased Vehicles or Equipment:
14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part pursuant to
this Agreement in good working order for the useful life of the vehicles and equipment. The
Grantee agrees not to make alterations or modifications to the equipment or vehicles without
the consent of the Commission. Capital equipment may be leased or assigned for operational
responsibility to third parties within the CTC's service area.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles,
whether leased or purchased, are used to meet the identified transportation needs of the
transportation disadvantaged and in support of the service plan established under the
provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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transportation disadvantaged of the area. Leased and purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most current
Commission policies. The Commission may, after consultation with the Grantee, transfer
purchased equipment and vehicles that it deems to be underutilized or that is not being
operated for its intended purpose. This underutilized equipment and vehicles will be returned
to the Commission at a specified location at a mutually agreeable time. Reimbursement of
any equity or interest of the Grantee will be made after another party has assumed the
obligations under the terms and conditions of this Agreement or disposal of said items by sale
has occurred. The Commission shall make the sole determination of the Grantee interest and
reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles
and equipment which are leased with Project funds shall be sufficient cause for non-payment
by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital
equipment still has useful life, the Grantee must request written approval from the
Commission prior to disposing of any equipment purchased or financed in whole or in
part pursuant to this Agreement, including vehicles, during its useful life, for any
purpose. Proceeds from the sale of purchased project equipment and vehicles shall be
documented in the project file(s) by the Grantee. With the approval of the Commission,
these proceeds may be re-invested for any purpose, which expands transportation
disadvantaged services. If the Grantee does not elect to re-invest for purposes which
expand transportation disadvantaged services, the gross proceeds from sale shall be
refunded to the Commission in the same participation percentage ratios as were used to
fund the original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to
this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission
for the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest in
the vehicles and equipment when it has reached the end of its useful life and at this time
the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of Shirley Conroy Rural Area Capital
Assistance Program grant funds and no longer a Commission approved Community
Transportation Coordinator, the capital equipment with useful life purchased with these
grant funds must be transferred to an eligible recipient in accordance with the
Commissions Capital Equipment Procedure or the Commission.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital
equipment or major components thereof, upon the Commission's request the Grantee shall submit to
the Commission, certification that all such equipment meets or exceeds the requirements as identified in
Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify,
defend, save, and hold harmless the Commission and all their officers, agents or employees from all
suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due
to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any
negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or
employees. Neither the Grantee nor any of its agents will be liable under this article for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Commission or any of their officers, agents or employees. The parties agree that this
clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar
provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no
agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the
Commission's or any subcontractor's or other entity's negligence.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature. If applicable, Grantee's performance
of its obligations under this Agreement is subject to an appropriation by the Grantee's Board of
County Commissioners for the purposes set forth hereunder. The Commission acknowledges
where the Grantee is a political subdivision of the State of Florida it is authorized to act in
accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations.
17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida
Department of Transportation (Department) and assigned to the Secretary of the Florida
Department of Transportation for administrative and fiscal accountability purposes; in the event
this agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby
incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection shall be null and void, and no money
may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
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the Department which are for an amount in excess of twenty-five thousand dollars and
having a term for a period of more than one year."
In the event that this Agreement is for more than one year, this Agreement may be renewed on a
yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than
the term of the original Agreement, whichever period is longer, on the condition that renewals
shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the
availability of funds. The Commission performance and obligation to pay under any multi-year
Agreement is explicitly contingent upon an annual appropriation by the Legislature.
18.00 Expiration of Agreement:The Grantee agrees to complete the Project on or before June 30,
2015. Expiration of this agreement will be considered termination of the Project and the procedure
established in Article 9.00 of this agreement shall be initiated. Unless otherwise extended by the
Commission, all reimbursement invoices must be received by the Commission no later than August 15,
2015.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the
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.
20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of
two counterparts, each of which so executed shall be deemed to be an original, and such counterparts
together shall constitute one in the same instrument.
21.00 Vendors and Subcontractors 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. The parties hereto acknowledge Section 215.422, Florida Statutes, and
hereby agree that the time in which the Commission is required to approve and inspect goods is a
period not to exceed eleven (11)working days. The Florida Department of Transportation has 20 days
to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are
measured from the latter of the date the invoice is received or the goods or services are received,
inspected, and approved. The Grantee shall promptly pay all subcontractors their proportionate share
of payments received from the Commission.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and
approval of goods and services, a separate interest penalty per day (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 rule. Interest penalties of less than one (1)
dollar will not be enforced unless the Grantee 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 requirements do not start until a properly completed invoice is provided to the Commission.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for vendors who may be experiencing problems in obtaining
timely payment(s)from the Commission. The Vendor Ombudsman may be contacted at(850)413-5516
or toll free at (800) 342-2762.
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16D
21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved
third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party
contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part
with Transportation Disadvantaged Trust Fund moneys, must contain the following statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received to
each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each
receiving a prorated portion based on the amount due on the payment. If the contractor
without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within 7 working days after the receipt by the contractor of
full or partial payment, the contractor shall pay to the subcontractors and suppliers a
penalty in the amount of one-half of 1 percent of the amount due, per day, from the
expiration of the period allowed herein for payment. Such penalty shall be in addition to
actual payments owed and shall not exceed 15 percent of the outstanding balance due. In
addition to other fines or penalties, a person found not in compliance with any provision
of this subsection may be ordered by the court to make restitution for attorney's fees and
all related costs to the aggrieved party or the Department of Legal Affairs when it
provides legal assistance pursuant to this section. The Department of Legal Affairs may
provide legal assistance to subcontractors or vendors in proceedings brought against
contractors under the provisions of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by the Commission.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
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FM/JOB NO(S). 41065618401
CONTRACT NO. J/;ti/1r-
AGREEMENT DATE 2) .?/ -'C r
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION
COUNTY COMMISSIONERS DISADVANTAGED
BY: iG BY: L
TIM NANCE
TITLE: CHAIRMAN TITLE: Executive Director(Commission Designee)
Ap roved as t form nd legality
ATTEST
DWIGHT E. FROCK, CLERK
ilie ,�-�.< L c1:7-0)
t R.Teach, Deputy County Attorney
Attest as . *Chairman's_
signature only.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 20 of 26
(-4
9C
1602
FM/JOB NO(S). 41065618401
CONTRACT NO. 4--/M
`7
AGREEMENT DATE M
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
Shirley Conroy Rural Area Capital Assistance Program Grant
This exhibit forms an integral part of that Grant Agreement, between the State of Florida,
Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners,
3299 Tamiami Trail, Suite #700, Naples, Florida, 34112.
PROJECT LOCATION: Collier County
PROJECT DESCRIPTION: To purchase capital equipment so that transportation can be provided to the
non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-
2, Florida Administrative Code, the most current Commission policies and the Application and Program
Manual for the Shirley Conroy Rural Area Capital Assistance Program Grant as revised on September 2,
2014. 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, Florida Administrative Code. Capital equipment will consist
of:
One MV1 includes two-way radio, intelligent transportation system and markings.
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida
Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July
1, 2000 or criteria set forth by any other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION: None
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 21 of 26
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FM/JOB NO(S). 41065618401
CONTRACT NO. P?�
AGREEMENT DATE all ,�C
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
Shirley Conroy Rural Area Capital Assistance Program Grant
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for
the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 Tamiami
Trail, Suite #700, Naples, Florida, 34112.
I. 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 Program Manual for the Shirley Conroy Rural Area Capital Assistance Program Grant
as revised on September 2, 2014.
Capital Equipment:
One MV1 includes two-way radio, $58,298.00
intelligent transportation system,
and markings
TOTAL $58,298.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more
than 90%) $ 52,468.00
Local Cash Funds $ 5,830.00
Total Project Cost $58,298.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ($ divided by 1000)
Execution Date thru June 30, 2015
FY 2014-15 $52,468.00
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 22 of 26
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FM/JOB NO(S). 41065618401
CONTRACT NO. 4aZ ?
AGREEMENT DATE O/
EXHIBIT "C"
DOCUMENTS AND CERTIFICATIONS
Shirley Conroy Rural Area Capital Assistance Program Grant
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 Tamiami Trail, Suite
#700, Naples, Florida, 34112.
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida
Statutes, and applicable Rules of the Auditor General to:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Room 401, Claude Pepper Building
605 Suwannee Street 111 West Madison Street
Tallahassee, FL 32399-0450 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act, as amended. Said certification 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:
1. 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.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set
forth in section 287.017(1)(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section
287.017(1)(a), Florida Statutes.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 23 of 26
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FM/JOB No(s). 41065618401
CONTRACT NO. 1M/1)
AGREEMENT DATE
EXHIBIT"D"
STATE AGENCY: FLORIDA DEPARTMENT OF TRANSPORTATION / FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED
CSFA #: 55.001
TITLE: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (COMMISSION) TRIP
AND EQUIPMENT GRANT PROGRAM (AND THE SHIRLEY CONROY RURAL AREA CAPITAL
ASSISTANCE SUPPORT GRANT PROGRAM)
TOTAL STATE FUNDING AMOUNT: $52,468.00
COMPLIANCE REQUIREMENTS:
ALLOWED ACTIVITIES:
Trip
An eligible non-sponsored trip is one that originates or ends in the Community Transportation Coordinator's
service area. The Commission funds for non-sponsored trips shall be expended through a Community
Transportation Coordinator, which is operating under a current Memorandum of Agreement(MOA), and will
be expended at the fare structure contained in the approved Transportation Disadvantaged Service Plan for
the particular type or mode of service. Lack of an executed MOA and approved Transportation
Disadvantaged Service Plan will prevent the expenditure of any of these non-sponsored trip/equipment
funds unless otherwise approved in writing by the Commission or their designee. (Program Manual for Trip
& Equipment Grants, Rule 41-2.014, Florida Administrative Code).
Equipment
Capital Equipment is any equipment used to maintain or provide improved or expanded transportation
services to the transportation disadvantaged and is exclusively utilized by the Community Transportation
Coordinator. Eligible capital equipment includes but is not limited to:
• small medium buses, cutaway vans (van body on truck chassis), etc.;
• station wagons or vans;
• wheelchair lifts, ramps, and restraints;
• two-way radios and communications equipment (TDD-Telecommunications Device for the Deaf),
cell phones, excluding annual service contracts;
• computer hardware/software;
• support equipment, other than items specifically identified in this section, above $500 per piece;
• vehicle procurement, testing, inspection acceptance, and vehicle rehabilitation when the
rehabilitation extends the life of the vehicle one year beyond the original expectancy; and
• initial installation or set-up costs of any of the above items.
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 24 of 26
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EQUIPMENT/REAL PROPERTY MANAGEMENT:
All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the recipient agency with
a lien to the Florida Commission for the Transportation Disadvantaged. Equipment purchased with this
grant shall be used by the Community Transportation Coordinator. Capital equipment may be leased or
assigned for operational responsibility to third parties within the CTC's service area. The Commission shall
retain a majority of the interest in all capital equipment until the useful life of such equipment has been
consumed. At that time, the grantee may dispose of such equipment with the written permission of the
Commission in accordance with the Commission's Capital Equipment Procedures. [Program Manual for Trip
& Equipment Grants and the Shirley Conroy Rural Area Capital Assistance Program Grant Manual].
In accordance with the Americans with Disabilities Act,all vehicles purchased through this grant,which are
to be utilized on a fixed route/fixed schedule service, must be lift equipped. Recipients who intend to utilize
project vehicles for demand response services shall assure their demand response service offered to
individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality
of service offered to individuals without disabilities. [Program manual for the Trip&Equipment Grants and
the Shirley Conroy Rural Area Capital Assistance Program Grant Manual]
The Community Transportation Coordinator may allocate up to 25 percent of the total project budget for
capital expenditures excluding voluntary dollar contributions. Each vehicle or other capital equipment
purchase must be covered for liability insurance. The Commission must be made an additional insured for
liability policies. (Program Manual for Trip&Equipment Grants), Rule 41-2.014(2)(a), Florida Administrative
Code).
MATCHING:
The trip/equipment grant and the Shirley Conroy Rural Area Capital Assistance Program Grant requires a
local match. In defining local match, Rule 41-2.014(3), Florida Administrative Code, requires that eligible
grant recipients must provide at least 10 percent of the total project cost as the local share. Examples of
cash generated from local sources include local appropriations, dedicated tax revenues, private donations,
net income generated from advertising and concessions, contract revenues, and farebox revenues. No
federal or state revenues are acceptable as local generated cash. (Program Manual for Trip & Equipment
Grants and the Shirley Conroy Rural Area Capital Assistance Program Grant Manual). Areas designated as
part of the Rural Economic Development Initiative (REDI) may be granted a reduction or waiver of match.
A 10 percent match is required for the money from the voluntary dollar contribution generated from the
annual vehicle registration forms and must be in-kind match. Examples of in-kind match include non-cash
donations, volunteered services, and salaries and fringe benefits. The value of each of these must be
documented, reasonable and necessary for the arrangement or provision of transportation disadvantaged
services. Service provided with State or Federal government revenues is not accepted as in-kind match.
(Program Manual for Trip & Equipment Grants.)
PERIOD OF AVAILABILITY:
Project costs eligible for State participation will be allowed only from the date of the Agreement. (Grant
Agreement Provision 4.20)
SUBRECIPIENT MONITORING:
Third party contracts are contracts between a grantee and any subgrantee, or pass through funding
recipient, consultants, or others in the private sector for work needed to carry out a project. Unless
otherwise authorized in writing by the Commission, the Grantee may not execute any contract or obligate
itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund money,
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev.9/2/2014 Page 25 of 26 ��
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including transportation operator and consultant contracts or amendments thereto, with any third party
with respect to the project without being able to provide a written certification (upon the Commission's
request) by the Grantee that the contract or obligation was executed in accordance with the competitive
procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules
promulgated by the Department of Management Services. The procurement, execution, audit and closing
of third-party contracts are basic grantee responsibilities and must be carried out using the same guidelines
and procedures as described in Chapter 287, Florida Statutes. Inter-agency agreements or contracts
passing through grant funds to other public bodies (including public transit operators) or transportation
operators as defined in Chapter 427, Florida Statutes, are not third-party contracts. However, the pass-
through recipient must comply with Chapter 287, Florida Statutes, if it enters into any subsequent third-
party contract using Transportation Disadvantaged Trust Funds. (Grant Agreement Provision 12.10;
Program Manual for Trip&Equipment Grants and the Shirley Conroy Rural Area Capital Assistance Program
Grant Manual)
In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as revised,
monitoring procedures may include, but not be limited to, on-site visits by Commission staff. The Grantee
agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Commission, the Florida Department of Transportation's Office of Inspector General (OIG) and Florida's
Chief Financial Officer or Auditor General. (Program Manual for Trip &Equipment Grants and the Shirley
Conroy Rural Area Capital Assistance Program Grant Manual).
Shirley Conroy Rural Area Capital Assistance Program Grant 2014/15
Form Rev. 9/2/2014 Page 26 of 26
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Florida Department of Transportation
Public Transit Office Order Packet
ORDER FORM
o CONTRACT#TRIPS-I2-SNV-CBS
N
ORDER FORM FOR MOBILITY VENTURES, LLC MV-1 SPECIAL NEEDS TRANSIT VEHICLES
ca CREATIVE BUS SALES,INC.
m AGENCY NAME: Collier Area Transit DATE: 8/7/14
-a
0 PURCHASE ORDER NUMBER:
CONTACT PERSON: Yousi Cardeso 239-252-5886
(Name, Telephone Number and Email Address)
October 2012
Item Unit Cost Quanti Total
ty Cost
Base Vehicle Type
MOBILITY VENTURES, LLC DX Model 6,600 GVWR
205 Inches 4.6.L V-8 Gas $46,598 1 46, 598
CNG Option $12,500
Paint Choices
Arctic White $0 0
Cherry Red $0
Jet Black $0
Sterling Silver Metallic $0
Midnight Blue $0
Other Options
Jump Seat $425
Aluminum Wheels(Available in MY13) $TBD
Extend length of the standard seat belts provided $80
REI reverse camera and monitor backup system $425
HawKEye Reverse Assistance System $700
Q'straint QRTMAX wheelchair restraint system (extra set) $265
Supplemental A/C Delete $(1,200)
Avail ITS System- complete 1 8, 000
Model Change
SE Model (deletes Divers Convenience Package,
powered ramp, full wheel covers) $(1,500)
Drivers Convenience Package(SE only: Standard in DX) $695
Electrically powered wheelchair ramp(SE only: Standard
in DX) $2,500
Logo and Radio $3, 700 1 3, 700
GRAND TOTAL ---- ---- 58, 298
TRIPS-12-SNV-CBS - 9 - October 2012