Backup Documents 06/09/2015 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII.'6
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 the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be 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 routinglines#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 5 KV
. sA / Gl'ct kC
4. BCC Office Board of County
Commissioners \r% // (oAttkt
5. Minutes and Records Clerk of Court's Office -Trn birtft5 3:24
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 th
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Yousi Cardeso, PTNE/IesS)t
/. Phone Number 252-5886
Contact/ Department
Agenda Date Item was 6/9/15.v/ Agenda Item Number 16-D-9 1/
Approved by the BCC ,
Type of Document Resolution =7\-;;:ort-A ,{ �c Number of Original One
Attached "--\--) ,�� -c 3� Documents Attached
PO number or account - aO'S. I IS
number if document is
to be recorded 'ir"VeL•
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?(54 c*...., 'te S \
2. Does the document need to be sent to another agency for additional signatur ? If yes, to
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 'S�T
3. Original document has been signed/initialed for legal sufficiency. (All documents to be YC
signed by the Chairman, 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 YC
Office and all other 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 YC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YC
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 the County Attorney Office at the time the item is input into SIRE. �_�.0
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 6/9/15 and all changes made during the YC ,
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 by the BCC have been made, and the document is ready f• the 5 .\
Chairman's signature. \('N ''' '.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12
1 6Q9
MEMORANDUM
Date: June 17, 2015
To: Yousi Cardeso, Administrative Assistant
Alternative Transportation Modes
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Resolution 2015-115
Attached is your request for one (1) certified copy of the document referenced
above, (Item #16D9) adopted by the Board on Tuesday, June 9, 2015.
If you have questions or need further assistance, please contact me at 252-8411.
Thank you.
Attachment
1609
MEMORANDUM
Date: June 15, 2015
To: Tessie Sillery, Operations Coordinator
Public Transit & Neighborhood Enhancement
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Resolution 2015-115/Entering into the Transportation
Disadvantaged Trust Fund Trip/Equipment Grant Agreement
Attached for your record is an original of the item referenced above, (Agenda
Item #16D9) adopted by the Board of County Commissioners June 9, 2015.
If you have any questions, please call me at 252-8411.
ThankY ou.
1609
RESOLUTION No.2015- 1 1 5
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF
ENTERING INTO A TRANSPORTATION DISADVANTAGED TRUST FUND
TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED FOR
STATE FUNDING IN THE AMOUNT OF $781 793.00 AND AUTHORIZING ITS
CHAIRMAN TO SIGN THE GRANT AGREEMENT, UPON PRESENTMENT BY
THE STATE,FOLLOWING COUNTY ATTORNEY REVIEW.
WHEREAS, at the June 9, 2015, meeting of the Board of County Commissioners the
Board by majority vote approved entering into a Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission
for the Transportation Disadvantaged ("FCTD") for State FCTD funding in the amount of
$781,793.00 (with a total project cost of $868,659.00) upon presentment of the Agreement by
the State and authorized its Chairman to execute the Agreement with the FCTD following
County Attorney review;and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing
and confirming the Board's aforementioned affirmative vote acknowledging its authorization of
its Chairman to execute the Information Sheet&Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that;
On June 9, 2015, the Board of County Commissioners authorized its Chairman, by
majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission for the
Transportation Disadvantaged upon presentment from the State following County Attorney
review of the Agreement.
This Resolution adopted this 'cA-k-V1 day of 0-(..›Nr\<._, , 2015 after motion, second
and majority vote in favor of passage.
€s r .,
ATt'ESfi .%l BOARD OF COUNTY COMMISSIONERS
DWIGHT E. SOCK, CLERK COLLIER COUNTY, FLORIDA
B ► `e9By: l �',a4114€
eputy Clerk Attest as to Chairman's Tim Nance, Chairman
signature fpnly.
Approved as to form and legality.
IhDItem# -I
By:
Scott Teach Agenda J„ � ��S
Deputy County Attorney Date =t-W-
Date (210.1i s
Red
t.► , 1
Deputy Clerk
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS 60
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L 9
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 the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be 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 SRT 6/23/15
4. BCC Office Board of County
Commissioners 6,1.-3\\5
5. Minutes and Records Clerk of Court's Office
ICU (p 123115 3:5S?
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 Yousi Cardeso,PTNE Phone Number 252-5886 /
Contact/ Department
Agenda Date item was 6/9/15 V Agenda Item Number 16-D-9 VI
Approved by the BCC
Type of Document Transportation Disadvantaged Trip& Number of Original One
Attached Equipment Grant Application Form Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,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 SRT
Office and all other 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 SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to 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 6/9/15 and all changes made during the SRT
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 by the BCC have been made,and the document is ready f the
Chairman's signature.
PLEASE CONTACT YOUSI CARDESO WHEN READY
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
160 9
MEMORANDUM
Date: June 26, 2015
To: Yousi Cardeso, Administrative Assistant
Alternative Transportation Modes
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Transportation for the Disadvantaged Trip & Equipment Grant
Application Form
Attached is your request for one (1) scanned copy of the document referenced above,
(Item #16D9) adopted by the Board on Tuesday, June 9, 2015.
Please forward the fully executed original to the Board's Minutes and Records
Department to be kept as part of the Board's Official Record.
If you have questions or need further assistance, please contact me at 252-7240.
Thank you.
Attachment
rondo Corn, , ,,„
fe4,
Transportation Disadvantaged
Transportation Trip and Equipment Grant Application Form
Disadvantaged
1609
GRANT RECIPIENT LEGAL NAME: Collier County Board of County Commissioners
FEDERAL EMPLOYER IDENTIFICATION NUMBER: 59-6000558
REGISTERED ADDRESS: 3299 Tamiami Trail East, Suite # 700
CITY AND STATE: Naples, Fl ZIP CODE: 34112
CONTACT PERSON FOR THIS GRANT: Michelle Arnold
PHONE NUMBER: 239-252-5841 FAX NUMBER: 239-252-3929
(REQUIRED) E-MAIL ADDRESS: michellearnold@colliergov.net
PROJECT LOCATION [County(ies)]: Collier County
PROPOSED PROJECT START DATE: July 1, 2015
PLANNING FUNDS TRANSFERRED FROM PLANNING AGENCY $ 0
GRANT AMOUNT - STATE ALLOCATION (90%) $ 781,703
GRANT AMOUNT - LOCAL MATCH (10%) $ 86,856
VOLUNTARY DOLLAR AMOUNT $ 53
LOCAL MATCH FOR VOLUNTARY DOLLARS (IN KIND) $ 6
TOTAL PROJECT AMOUNT $ 8684619
Anticipated Capital Equipment Request
Description Dollar Amount
Local Coordinating Board Review Only Required If Requesting Capital Equipment:
This Application Form requesting the purchase of capital equipment has been reviewed
by the N/A Local Coordinating Board.
ATTEST
DWIGHT E. BROCK, CLE'
Local Coordinating Board Chairpersons Signature
t l
BY: tar
• es es ann. 's
I, TIN E' nil�� ecerttfy tha the
as eau orized Grant Recipient Representative, r
information contained in this forms is true and accurate and is submitted in accordance
with the grlication instructions. ll b`clVS
Grant Recipient Representative (Signature) Date
nrnvprr as to rrn and legality
Trip and Equipment Grant Program Manual
Form Rev. 5/10/2015 r[/ j y
Scat R. leach, Deputy L,,..•.. - .
biln(nxhsi`tiv thn
f' Transportation Disadvantaged Trust Fund
Transportation
Disadvantaged Service Rates Form 613 9
Community Transportation Coordinator(CTC) Collier County Board of County Commissioners
Service Rate Effective Date 7/1/2015
Grant Agreement Service Rates
Type of Service Cost
Transportation Mode Unit of Measure Per Unit
* Ambulatory Trip $30.65
* Wheel Chair Trip $52.53
*Stretcher Trip $0.00
Bus Pass—Daily Pass _ $4.00
Bus Pass—Weekly Pass _ $15.00
Bus Pass—Monthly Pass _ $35.00
Bus Pass—Daily Reduced Pass $2.00
Bus Pass—Weekly Reduced Pass $7.50
Bus Pass—Monthly Reduced Pass $17.50
Bus Pass—Marco Express Pass $70.00
Bus Pass—Marco Express Reduced Pass $35.00
Group Trip—Per passenger Trip $21.21
Group Trip—Per group Trip $31.66
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter $ Per Unit
Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit
*Ambulatory, Wheel Chair and Stretcher must all use the same Unit of Measure either Trip or Passenger Mile;
Cannot mix, all must be the same regardless of Transportation Mode.
service Rates Form 20150510
Form Revised 6/11/2015
I,
f
Commission for the Transportation Disadvantaged
Trip&Equipment Grant Allocations
FY 2015-2016
COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED
FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING
43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS
Alachua $602,225 $66,914 $669,138 $205 $23 $228 $669,366
Baker $187,668 $20,852 $208,520 $0 $0 $0 $208,520
Bay $444,181 $49,353 $493,534 $83 $9 $92 $493,626
Bradford $119,844 $13,316 $133,160 $0 $0 $0 $133,160
Brevard $1,458,517 $162,057 $1,620,574 $297 $33 $330 $1,620,904
Broward $3,745,913 $416,213 $4,162,126 $817 $91 $908 $4,163,033
Calhoun $177,511 $19,723 $197,234 $1 $0 $1 $197,235
Charlotte $358,499 $39,833 $398,333 $20 $2 $22 $398,355
Citrus $397,601 $44,178 $441,778 $39 $4 $43 $441,822
Clay $374,897 $41,655 $416,552 $56 $6 $62 $416,615
Collier $781,703 $86,856 $868,559 $53 $6 $59 $868,619
Columbia $327,536 $36,393 $363,929 $5 $1 $6 $363,934
Desoto $231,519 $25,724 $257,244 $1 $0 $1 $257,245
Dixie $189,434 $21,048 $210,482 $0 $0 $0 $210,482
Duval $1,494,216 $166,024 $1,660,240 $567 $63 $631 $1,660,870
Escambia $657,565 $73,063 $730,628 $136 $15 $151 $730,779
Flagler $277,701 $30,856 $308,557 $23 $3 $26 $308,583
Franklin $171,761 $19,085 $190,845 $0 $0 $0 $190,845
Gadsden $326,798 $36,311 $363,109 $24 $3 $27 $363,135
Gilchrist $108,423 $12,047 $120,470 $1 $0 $1 $120,472
Glades $192,622 $21,402 $214,024 $0 $0 $0 $214,024
Gulf $173,127 $19,236 $192,364 $0 $0 $0 $192,364
Hamilton $154,208 $17,134 $171,343 $0 $0 $0 $171,343
Hardee $241,078 $26,786 $267,864 $6 $1 $7 $267,871
Hendry $343,693 $38,188 $381,881 $2 $0 $2 $381,883
Hernando $398,198 $44,244 $442,442 $39 $4 $43 $442,485
Highlands $445,781 $49,531 $495,313 $7 $1 $8 $495,320
Hillsborough $1,924,352 $213,817 $2,138,169 $242 $27 $269 $2,138,438
Holmes $187,218 $20,802 $208,020 $1 $0 $1 $208,021
Indian River $306,500 $34,056 $340,555 $29 $3 $32 $340,588
Jackson $398,441 $44,271 $442,712 $31 $3 $34 $442,746
Jefferson $172,491 $19,166 $191,657 $2 $0 $2 $191,659
Lafayette $142,044 $15,783 $157,827 $11 $1 $12 $157,839
Lake $671,585 $74,621 $746,206 $128 $14 $142 $746,348
Lee $746,770 $82,974 $829,744 $624 $69 $694 $830,438
Leon $513,353 $57,039 $570,392 $310 $34 $344 $570,736
Levy $364,754 $40,528 $405,282 $4 $0 $4 $405,287
Liberty $243,425 $27,047 $270,472 $1 $0 $1 $270,473
Madison $208,432 $23,159 $231,591 $1 $0 $1 $231,593
Manatee $587,445 $65,272 $652,717 $70 $8 $78 $652,795
Marion $822,167 $91,352 $913,518 $49 $5 $54 $913,573
Martin $283,678 $31,520 $315,198 $96 $11 $107 $315,305
Miami-Dade $8,763,921 $973,769 $9,737,690 $2,664 $296 $2,960 $9,740,650
Monroe $372,786 $41,421 $414,207 $29 $3 $32 $414,239
Nassau $288,182 $32,020 $320,202 $51 $6 $57 $320,258
Okaloosa $464,919 $51,658 $516,577 $27 $3 $30 $516,607
Okeechobee $251,658 $27,962 $279,620 $1 $0 $1 $279,621
Orange $2,059,361 $228,818 $2,288,179 $564 $63 $627 $2,288,806
June 2015
ID
16139
Commission for the Transportation Disadvantaged
Trip&Equipment Grant Allocations
FY 2015-2016
COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED
FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING
43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS
Osceola $986,920 $109,658 $1,096,577 $22 $2 $24 $1,096,602
Palm Beach $2,732,255 $303,584 $3,035,839 $743 $83 $825 $3,036,664
Pasco $650,091 $72,232 $722,323 $141 $16 $157 $722,480
Pinellas $2,309,676 $256,631 $2,566,307 $383 $43 $426 $2,566,733
Polk $1,189,086 $132,121 $1,321,207 $162 $18 $180 $1,321,387
Putnam $370,687 $41,187 $411,874 $34 $4 $38 $411,912
Saint Johns $437,406 $48,601 $486,007 $93 $10 $103 $486,110
Saint Lucie $496,338 $55,149 $551,487 $89 $10 $99 $551,586
Santa Rosa $396,395 $44,044 $440,438 $18 $2 $20 $440,458
Sarasota $692,304 $76,923 $769,227 $297 $33 $330 $769,557
Seminole $680,897 $75,655 $756,552 $287 $32 $318 $756,870
Sumter $281,218 $31,246 $312,464 $21 $2 $23 $312,488
Suwannee $237,221 $26,358 $263,579 $2 $0 $2 $263,581
Taylor $280,984 $31,220 $312,204 $6 $1 $7 $312,211
Union $94,303 $10,478 $104,781 $0 $0 $0 $104,781
Volusia $1,046,410 $116,268 $1,162,678 $183 $20 $204 $1,162,882
Wakulla $186,512 $20,724 $207,235 $4 $0 $4 $207,240
Walton $372,229 $41,359 $413,588 $5 $1 $6 $413,593
Washington $214,526 $23,836 $238,362 $2 $G $2 $238,365
TOTALS $47,811,160 $5,312,351 $53,123,511 $9,809 $1,090 $10,899 $53,134,410
June 2015 )
160 9
EXECUTIVE SUMMARY
Recommendation to recognize FY 2015/2016 Transportation Disadvantaged Trust Fund
Trip/Equipment Grant revenue in the amount of$781,793 with a local match of$86,866, approve a
resolution authorizing its Chairman to execute the grant information sheet and grant agreement
upon receipt from the State, after County Attorney review, and approve the appropriate budget
amendments to prevent delay of the use of grant funds for the Collier Area Transit system.
OBJECTIVE: To continue the Collier Area Paratransit public door-to-door transportation program.
CONSIDERATION: Collier County is eligible for Transportation Disadvantaged Trust Fund
Trip/Equipment grant funds each year. Funds from this grant cover a portion of the operating expenses of
the Transportation Disadvantaged Program.
On April 22, 2015 staff received draft allocations from the Florida Commission for the Transportation
Disadvantaged (FCTD) regarding the FY 15/16 Transportation Disadvantaged Trust Fund
Trip/Equipment funding. Collier County is anticipated to be eligible to receive$781,793 in FY 15/16.
A B C D A+C A+B+C+D
Trip/Equipment Required Voluntary Voluntary Total Grantor Total
Grant Funds Local Match Dollars Dollars Local Contribution Estimate
Contribution Match for Collier Project
Cost/Award
$781,703 $86,856 $90 $10 $781,793 $868,659
Typically, Collier County receives notification of the award and the grant agreement in May of each year.
The FLCTD's budget is contingent upon the Florida Legislature adopting a budget and ultimately
Governor approval. Unfortunately, since the session ended early and must reconvene in June to adopt a
budget, it is anticipated that the FLCTD's grant award notifications will be delayed as well. Since
funding cannot be spent until the grant information sheet and grant agreement are executed by both
parties, County funds must be used for transit operations in lieu of these grant funds during the award
execution and County budget processing period. To expedite the process and prevent excessive use of
County funds, CAT is requesting that the Board authorize its Chairman to execute the funding award and
Agreement immediately following its receipt from the State after County Attorney review. Additionally,
CAT is requesting authorization of award and match budget amendments, in the amount indicated, prior
to receipt of the grant award. Expenses will be applied to this grant budget only after the grant award is
fully executed. Budget changes required by the final allocation amount will be brought before the Board
as required.
FISCAL IMPACT: A budget amendment is required in the amount of $781,793 in Transportation
Disadvantage (TD) Grant Fund 428, Project 33424. The required 10% match of $86,866 is budgeted
separately in TD Match Grant Fund 429 in Project 33424 and also requires a budget amendment. Match
funds are available Reserves within the TD Match Fund (429). General Fund (001) revenues are the
source of funding. The General Fund provides annual TD support to cover operational costs that exceed
grantor subsidies and farebox collections.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
460 IYI-V
RESOLUTION No.2015-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,COLLIER
COUNTY FLORIDA, MEMORIALIZING TILE BOARD'S APPROVAL OF
ENTERING INTO A TRANSPORTATION DISADVANTAGED TRUST FUND
TRI_ GRANT AGREEMENT WITH THE FLORIDA
COIISSION FOR THE TRANSPORTATION DISADVANTAGED FOR
STATE FUNDING IN THE AMOUNT OF $781 793.00 AND AUTHORIZING ITS
CHAIRMAN
STA E,FOLLOWING COOUNTY ATTORRNNEYR EDPRESENTMENT BY
WHEREAS,at the June 9, 2015, meeting of the Board of County Commissioners the
Board by majority vote approved entering into a Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission
for the Transportation Disadvantaged ("FCTD") for State FCTD funding in the amount of
$781,793.00 (with a total project co_stof$868,659.Q0) upon presentment of the Agreement by
the State and authorized its Chairman to execute the Agreement with the FCTD following
County Attorney review;and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing
and confirming the Board's aforementioned affirmative vote acknowledging its authorization of
its Chairman to execute the Information Sheet&Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that;
On June 9, 2015, the Board of County Commissioners authorized its Chairman, by
majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission for the
Transportation Disadvantaged upon presentment from the State following County Attorney
review of the Agreement.
This Resolution adopted this day of , 2015 after motion, second
and majority vote in favor of passage.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk Tim Nance,Chairman
Approved as to form and legality:
By:
mss..._
Scott Teach
Deputy County Attorney
Martha S. Vergara
From: Neet, Virginia
160
Sent: Friday, June 26, 2015 10:43 AM
To: Martha S. Vergara
Subject: FW:Trip Equip Grant Allocations FY 15-16
Attachments: Collier TE Grant Agreement 15-16 (2).pdf; Draft Trip Equip Grant Allocations FY 15-16
(3).xls
From: TeachScott
Sent: Thursday, June 25, 2015 8:10 AM
To: NeetVirginia
Subject: FW: Trip Equip Grant Allocations FY 15-16
Fyi, below.
Scott R.Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
Office of the County Attorney,3299 East Tamiami Trail,Suite,800, Naples, FL 3411.2
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do
not send electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: ArnoldMichelle
Sent: Wednesday, June 24, 2015 5:09 PM
To: TeachScott
Cc: CardesoYousi; StanleyTherese; SotoCaroline
Subject: Trip Equip Grant Allocations FY 15-16
Scott,
The attached Draft Trip and Equipment (T&E)grant allocation was sent to staff from the TD Commission in April with the
understanding that the amount included was preliminary pending legislative budget allocation. This is the information
that was contained in the ES and the Resolution. For the BCC consideration with a request to have the BCC authorize the
final amount as specified in the Agreement when received from the TD Commission.
We received the Agreement from the TD Commission last week which contains a total grant award amount that is
slightly different from what was noted in the Executive Summary and Resolution. The total T&E award amount is
$868,619 as opposed to $868,659 noted (a difference of$40). The variance in amount is small enough to be corrected
administratively which will be completed by the budget office.
The Agreement must be forwarded to the TD Commission prior to June 30th in order to utilize the funding for July
1st. Your assistance in getting the Agreement signed by the Chairman would be greatly appreciated.
Thank you, •
1
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Martha S. Vergara
From: Neet, Virginia
Sent: Friday, June 26, 2015 10:43 AM
To: Martha S. Vergara
Subject: FW: Trip Equip Grant Allocations FY 15-16
Attachments: Collier TE Grant Agreement 15-16 (2).pdf; Draft Trip Equip Grant Allocations FY 15-16
(3).xls
From: TeachScott
Sent: Thursday, June 25, 2015 8:10 AM
To: NeetVirginia
Subject: FW: Trip Equip Grant Allocations FY 15-16
Fyi, below.
Scott R. Teach
Deputy County Attorney
Collier County, Florida
Tel: (239) 252-8400
Fax: (239) 252-6300
Office of the County Attorney, 3299 East Tamiami Trail,Suite 800, Naples, FL 34112
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do
not send electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: ArnoldMichelle
Sent: Wednesday, June 24, 2015 5:09 PM
To: TeachScott
Cc: CardesoYousi; StanleyTherese; SotoCaroline
Subject: Trip Equip Grant Allocations FY 15-16
Scott,
The attached Draft Trip and Equipment(T&E)grant allocation was sent to staff from the TD Commission in April with the
understanding that the amount included was preliminary pending legislative budget allocation. This is the information
that was contained in the ES and the Resolution. For the BCC consideration with a request to have the BCC authorize the
final amount as specified in the Agreement when received from the TD Commission.
We received the Agreement from the TD Commission last week which contains a total grant award amount that is
slightly different from what was noted in the Executive Summary and Resolution. The total T&E award amount is
$868,619 as opposed to$868,659 noted (a difference of$40). The variance in amount is small enough to be corrected
administratively which will be completed by the budget office.
The Agreement must be forwarded to the TD Commission prior to June 30`h in order to utilize the funding for July
1st. Your assistance in getting the Agreement signed by the Chairman would be greatly appreciated.
Thank you,
1
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SAMAS Approp: 108846 Fund: TDTF FM/Job No(s).: 43202718401/43202818401
SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001
Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this 1 day of July , 2015 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 non-sponsored transportation trips and/or capital equipment to the non-sponsored
transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in
Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Fiscal
Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital
equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, attached hereto
and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to
provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon
which such non-sponsored financial assistance will be provided and the understandings as to the
manner in which the Project will be undertaken and completed. Funds available through this agreement
may be used only for non-sponsored transportation services and shall be applied only after all other
potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or
replace funding of transportation disadvantaged services which are currently funded to a recipient by
any federal, state, or local governmental agency.
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.
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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 will use its best efforts to enable the Grantee to
provide the necessary funds or in-kind contributions necessary for the 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. 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 or other permissible sanctions against the Grantee, including
termination.
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 Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, and the Fiscal Year 2015-16 Program Manual for the Trip & Equipment
Grant.
2.60 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 refusal to reimburse project
funds or other permissible sanctions against the Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $868,619. This amount is based
upon the amounts 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 $781,756 as detailed in Exhibit "B," or in an amount
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equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
4.10 Eligible Costs: Trip and Equipment 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 a transportation disadvantaged person's transportation costs which is
not sponsored by any other agency, and then only if a match, as specified in the Program Manual
for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds
may also be used to purchase capital equipment used for the provision of non-sponsored
transportation services.
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.
If the Grantee wishes to purchase vehicles or other equipment with Transportation
Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must
have from the Commission an executed grant amendment prior to the purchase.
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of
Transportation Disadvantaged Trust Funds:
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.
4.40 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 Budget: The Grantee shall maintain the Commission approved Project
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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." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month of the fiscal year
in accordance with Commission fiscal policy. The schedule may be divided by Project phase
where such division is determined to be appropriate by the Commission. Any deviation from the
approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's
share of the project shall not be made for an amount greater than the cumulative total up to
any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice
on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly
allocation disbursement schedule reflected on Exhibit "B". At times, this may result in
"underbilling" or"overbilling". Any excess (underbilled) funds may be recaptured on a monthly
invoice that does not exceed the cumulative total of funds disbursed to date with supporting
documentation. No excess funds remaining on the grant at the end of the grant period will be
reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission
upon project completion.
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
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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 and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing
in proper detail of the charges
The Grantee shall provide upon request, sufficient detailed documentation for each cost or claim
for reimbursement to allow an audit trail to ensure that the services rendered 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 Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the
Department of Transportation (Department). The following requirements do not limit the
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authority of the Commission or the Department to conduct or arrange for the conduct of
additional audits or evaluations of state financial assistance or limit the authority of any state
agency inspector general, the Auditor General, or any other state official. The Grantee shall
comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Commission, the Department, the Department of Financial
Services (DFS) or the Auditor General.
b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
i. In the event the Grantee meets the audit threshold requirements established
by Section 215.97, Florida Statutes, the Grantee must have a State single or
project-specific audit conducted for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C
to this Agreement indicates state financial assistance awarded through the
Commission by this Agreement needed by the Grantee to further comply with
the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Grantee shall consider all
sources of state financial assistance, including state financial assistance
received from the Commission by this Agreement, 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.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes.
This includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
iii. In the event the Grantee does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the Grantee is exempt for such
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fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption
statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than
nine months after the end of the Grantee's audit period for each applicable
audit year. In the event the Grantee does not meet the audit threshold
requirements established by Section 215.97, Florida Statutes, in a fiscal year
and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the
Grantee's resources (i.e., the cost of such an audit must be paid from the
Grantee's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAudit(adot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovtPaud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required
to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
vi.The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the
Grantee in correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Grantee's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Commission and/or the Department may take appropriate
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corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, DFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, DFS or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued
unless extended in writing by the Commission and/or the Department.
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.
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, its invoice on a form
or forms prescribed by the Commission, and such other detailed supporting documentation
pertaining to the Project Account and the Project (as listed in Exhibit "B" hereof) as the
Commission may require, to justify and support the payment as specified in the
Commission's Grant Agreement and Invoicing Procedures.
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8.12 Grantee certifies, under penalty of perjury, that the Grantee 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 invoices 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's 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 "B."
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 preaudit
and postaudit 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
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the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in
Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative
Code, and the Program Manual for the Trip and Equipment Grant 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.
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
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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, upon request, 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 contracts 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 provide, upon request, documentation of 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
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
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1609
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 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
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significant time or cost savings for the Grantee and the project. 160 9
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, as amended, 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; telephone; 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.
13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
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1. all new persons employed by the grantee during the term of the grant agreement to
perform employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work
pursuant to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more
about E-Verify.
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 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.
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1609 1,1
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 with
Transportation Disadvantaged Trust Funds 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. The Grantee shall notify the Commission in writing of any lease or assignment
of operational responsibility of project vehicles and equipment to third-persons.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored 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 transportation disadvantaged of the area. 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's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased 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 for the non-sponsored. 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.
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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 trip and equipment 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 Commission's Capital
Equipment Procedure.
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.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June
30, 2016. If the Grantee does not complete the Project within this time period, this agreement will
expire. Expiration of this agreement will be considered termination of the Project and the procedure
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1609 ,
established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article,
completion of project is defined as the latest date by which services may have been provided or
equipment funds may have been received as provided in the project description (Exhibit "A"). Unless
otherwise extended by the Commission, all reimbursement invoices must be received by the
Commission no later than August 15, 2016.
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:
21.10 Vendors (in this document identified as the 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 and services shall be for a
period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida
Department of Transportation has twenty (20) days to deliver a request for payment (voucher)
to the Department of Financial Services after receiving an approved invoice from the
Commission. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
If a payment is not available within forty (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 (877) 693-5236.
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:
Trip&Equipment Grant Agreement 2015/2016
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,, ,
t
9
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 seven (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 one 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.
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Form Rev. 05/10/2015
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160 9
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and
year first above written.
GRANTEE: Collier County Board of County COMMISSION FOR THE TRANSPORTATION
Commissioners DISADVANTAGED
BY: BY:
TITLE: TITLE: Executive Director(Commission Designee)
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Form Rev. 05/10/2015
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16LJ9
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT"A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
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 (ies)
PROJECT DESCRIPTION: To purchase passenger trips and/or 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 Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of
2 attached to and made a part of this agreement. Capital equipment will consist of:
None
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida
Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal,
state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Not applicable
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1609
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT"B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
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 Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit"B". At times, this may result in"underbilling"
or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does not
exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds
remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment
of TD funds must be repaid to the Commission upon project completion.
Non-sponsored Trips $868,559.00 FM# 43202718401
Voluntary Dollar $60.00 FM# 43202818401
TOTAL $868,619.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $781,703
Local Cash Funds $86,856
Voluntary Dollar Contributions $53
Monetary Value of In-Kind Match ?
Total Project Cost $868,619
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 15/16 65,205 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141
Trip&Equipment Grant Agreement 2015/2016
Form Rev. 05/10/2015
Page 21 of 23
16Q9
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: 7/1/2015
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or Trip) $
Ambulatory Passenger Trip $30.65
Wheelchair Passenger Trip $52.53
Stretcher Passenger Trip $0.00
Group Passenger Trip (Per Group) $31.66
Group Passenger Trip (Per Individual) $21.21
Bus Pass (daily full fare) Per pass $4.00
Bus Pass (daily reduced fare) Per pass $2.00
Bus Pass (weekly full fare) Per pass $15.00
Bus Pass (weekly reduced fare) Per pass $7.50
Bus Pass (monthly full fare) Per pass 35.00
Bus Pass (monthly reduced fare) Per pass $17.50
Macro Express(monthly full fare) Per pass $70.00
Macro Express (monthly reduced
Per pass $35.00
fare)
Trip&Equipment Grant Agreement 2015/2016
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160 9
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department
of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
(CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $
"The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
Trip&Equipment Grant Agreement 2015/2016
Form Rev. 05/10/2015
Page 23 of 23
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt n
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT,TO 416 u
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 the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be 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 SRT 6> 612G 5
��kk`kc
4. BCC Office Board of County
Commissioners \rNS
5. Minutes and Records Clerk of Court's Office
PiOIf( is
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 Yousi Cardeso,PTNE Phone Number 252-5886
Contact/ Department
Agenda Date Item was 6/9/15 V Agenda Item Number 16-D-9 J
Approved by the BCC
Type of Document Transportation Disadvantaged Agreement Number of Original Two
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT See note
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,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 SRT
Office and all other 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 SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to 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 6/9/15 and all changes made during the SRT N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the �.. N A is not
BCC,all changes directed by the BCC have been made,and the document is ready forth ` opticl
Chairman's signature. this ling
PLEASE CONTACT YOUSI FOR COMMISSION CONTACT INFORMATION
1:Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
160 9
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County of Collier
CLERK OF THE CIRC IT COURT
COLLIER COUNTY(cOUR IOUSE
3315 TAMAM1 TRL E STE 102 Dwight E. Brock-dkerk of Qircuit Court P.O. BOX 413044
NAPLES,FL 34112-5324NAPLES, FL 34101-3044
Clerk of Courts • Comptroller • Audito -! Cistodian of County Funds
July 1, 2015
Florida Commission for the
Transportation Disadvantaged
Attn: John Irvine
605 Suwannee Street, Mail Station 49
Tallahassee, FL 32399-0450
Re: Florida Commission for the Transportation Disadvantaged
Trip & Equipment Grant Agreement
Transmitted herewith are two (2) originals of the grant application referenced
above for final signatures, as approved by the Collier County Board of County
Commissioners of Collier County, Florida on Tuesday, June 9, 2015, during
Regular Session.
Please forward a fully executed original, an envelope has been provided for
your convienance. If you have any questions feel free to call our office any time
(239) 252-7240.
Very truly yours,
DWIGHT E. BROCK, CLERK
7Thricatitqii,
Martha Vergara, Pep ty lerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk(&collierclerk.com
1 6 0 9
Flo Commission for toe
Cr,
Transportation Jul 23, 2015
Disadvantaged y
Rick Scott Ms. Michelle Arnold
Governor Collier Area Transit
David Darm 2885 Horseshoe Drive South
Chairperson Naples, Florida 34104
Mike Willingham Re: 2015-16 Trip/Equipment Grant Agreement #G0135 (Collier County)
Vice Chairman
Steven Holmes Dear Ms. Arnold:
Executive Director
Enclosed is your copy of the fully executed grant agreement for the above
referenced project. Consider this letter to be your authorization to proceed and
begin incurring project costs, effective the execution date of this agreement.
Please also find attached a form letter that is to be completed as appropriate and
forwarded to all subcontractors providing service funded by Transportation
Disadvantaged Trust Fund moneys. Distribution of the letters to subcontractors
should coincide with the execution date of the grant.
Thank you for your continued support of the Transportation Disadvantaged
Coordinated System. Please contact me at (850) 410-5712 if you have any
questions concerning this project.
Sincerely,
John Irvine
Area 6 Project Manager
Enclosure: Executed Agreement
Sample Subcontractor Letter
cc: DOT Comptroller
Elmer Melendez, Financial Services Manager
605 Suwannee Street,MS-49 Tallahassee,FL 32399-0450
Phone:(850)410-5700 Et)Toll Free:(800)983-2435 FrJ Fax:(850)410-5752
www.dot.state.fl.us/ctd
1609
SAMAS Approp: 108846 Fund: TDTF FM/Job No(s).: 43202718401/43202818401
SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001
Org Code: 55 12 00 00 952 Contract No.: G( a 3S Vendor No.: 59-6000558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this 1 day of July , 2015 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 non-sponsored transportation trips and/or capital equipment to the non-sponsored
transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in
Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Fiscal
Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital
equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, attached hereto
and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to
provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon
which such non-sponsored financial assistance will be provided and the understandings as to the
manner in which the Project will be undertaken and completed. Funds available through this agreement
may be used only for non-sponsored transportation services and shall be applied only after all other
potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or
replace funding of transportation disadvantaged services which are currently funded to a recipient by
any federal, state, or local governmental agency.
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.
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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 will use its best efforts to enable the Grantee to
provide the necessary funds or in-kind contributions necessary for the 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. 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 or other permissible sanctions against the Grantee, including
termination.
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 Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, and the Fiscal Year 2015-16 Program Manual for the Trip & Equipment
Grant.
2.60 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 refusal to reimburse project
funds or other permissible sanctions against the Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $868,619. This amount is based
upon the amounts 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 $781,756 as detailed in Exhibit "B," or in an amount
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equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
4.10 Eligible Costs: Trip and Equipment 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 a transportation disadvantaged person's transportation costs which is
not sponsored by any other agency, and then only if a match, as specified in the Program Manual
for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds
may also be used to purchase capital equipment used for the provision of non-sponsored
transportation services.
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.
If the Grantee wishes to purchase vehicles or other equipment with Transportation
Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must
have from the Commission an executed grant amendment prior to the purchase.
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of
Transportation Disadvantaged Trust Funds:
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.
4.40 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 Budget: The Grantee shall maintain the Commission approved Project
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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." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month of the fiscal year
in accordance with Commission fiscal policy. The schedule may be divided by Project phase
where such division is determined to be appropriate by the Commission. Any deviation from the
approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's
share of the project shall not be made for an amount greater than the cumulative total up to
any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice
on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly
allocation disbursement schedule reflected on Exhibit "B". At times, this may result in
"underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly
invoice that does not exceed the cumulative total of funds disbursed to date with supporting
documentation. No excess funds remaining on the grant at the end of the grant period will be
reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission
upon project completion.
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
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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 and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing
in proper detail of the charges
The Grantee shall provide upon request, sufficient detailed documentation for each cost or claim
for reimbursement to allow an audit trail to ensure that the services rendered 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 Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the
Department of Transportation (Department). The following requirements do not limit the
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authority of the Commission or the Department to conduct or arrange for the conduct of
additional audits or evaluations of state financial assistance or limit the authority of any state
agency inspector general, the Auditor General, or any other state official. The Grantee shall
comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Commission, the Department, the Department of Financial
Services (DFS) or the Auditor General.
b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
i. In the event the Grantee meets the audit threshold requirements established
by Section 215.97, Florida Statutes, the Grantee must have a State single or
project-specific audit conducted for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C
to this Agreement indicates state financial assistance awarded through the
Commission by this Agreement needed by the Grantee to further comply with
the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Grantee shall consider all
sources of state financial assistance, including state financial assistance
received from the Commission by this Agreement, 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.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes.
This includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
iii. In the event the Grantee does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the Grantee is exempt for such
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fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption
statement to the Department at FDOTSingleAudit(adot.state.fl.us no later than
nine months after the end of the Grantee's audit period for each applicable
audit year. In the event the Grantee does not meet the audit threshold
requirements established by Section 215.97, Florida Statutes, in a fiscal year
and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the
Grantee's resources (i.e., the cost of such an audit must be paid from the
Grantee's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAuditCadot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt(a>aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required
to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
vi.The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the
Grantee in correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Grantee's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Commission and/or the Department may take appropriate
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corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, DFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, DFS or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued
unless extended in writing by the Commission and/or the Department.
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.
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, its invoice on a form
or forms prescribed by the Commission, and such other detailed supporting documentation
pertaining to the Project Account and the Project (as listed in Exhibit "B" hereof) as the
Commission may require, to justify and support the payment as specified in the
Commission's Grant Agreement and Invoicing Procedures.
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8.12 Grantee certifies, under penalty of perjury, that the Grantee 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 invoices 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's 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 "B."
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 preaudit
and postaudit 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
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the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in
Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative
Code, and the Program Manual for the Trip and Equipment Grant 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.
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
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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, upon request, 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 contracts 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 provide, upon request, documentation of 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
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
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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 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
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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, as amended, 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; telephone; 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.
13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
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1. all new persons employed by the grantee during the term of the grant agreement to
perform employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work
pursuant to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more
about E-Verify.
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 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.
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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 with
Transportation Disadvantaged Trust Funds 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. The Grantee shall notify the Commission in writing of any lease or assignment
of operational responsibility of project vehicles and equipment to third-persons.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored 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 transportation disadvantaged of the area. 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's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased 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 for the non-sponsored. 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.
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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 trip and equipment 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 Commission's Capital
Equipment Procedure.
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.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June
30, 2016. If the Grantee does not complete the Project within this time period, this agreement will
expire. Expiration of this agreement will be considered termination of the Project and the procedure
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established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article,
completion of project is defined as the latest date by which services may have been provided or
equipment funds may have been received as provided in the project description (Exhibit "A"). Unless
otherwise extended by the Commission, all reimbursement invoices must be received by the
Commission no later than August 15, 2016.
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:
21.10 Vendors (in this document identified as the 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 and services shall be for a
period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida
Department of Transportation has twenty (20) days to deliver a request for payment (voucher)
to the Department of Financial Services after receiving an approved invoice from the
Commission. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
If a payment is not available within forty (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 (877) 693-5236.
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:
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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 seven (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 one 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.
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GD 13S
AGREEMENT
DATE 1/1 { t s
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and
year first above written.
GRANTEE: Collier County Board of County COMMISSION FOR THE TRANSPORTATION
Commissioners DISADVANTAGED
BY: BY:
TIM NANCE 4,V\ \• 'j
TITLE: CHAIRMAN TITLE: Executive Director(Commission Designee)
I
`i
Attest as to Chairman's
signature only.
pproved a t fo a d legality
Scott R.Teach,Deputy County Attorney
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. [;% 35
AGREEMENT
DATE 7 / 1 / IT
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
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 (ies)
PROJECT DESCRIPTION: To purchase passenger trips and/or 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 Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of
2 attached to and made a part of this agreement. Capital equipment will consist of:
None
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida
Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal,
state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Not applicable
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1 6 0 9 -
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. Gc i r,
AGREEMENT
DATE I / 1 S�
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
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 Fiscal Year 2015-16
Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit"B". At times, this may result in"underbilling"
or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does not
exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds
remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment
of TD funds must be repaid to the Commission upon project completion.
Non-sponsored Trips $868,559.00 FM# 43202718401
Voluntary Dollar $60.00 FM# 43202818401
TOTAL $868,619.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $781,703
Local Cash Funds $86,856
Voluntary Dollar Contributions $53
Monetary Value of In-Kind Match
Total Project Cost $868,619
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 15/16 65,205 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141
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TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: 7/1/2015
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or Trip) $
Ambulatory Passenger Trip $30.65
Wheelchair Passenger Trip $52.53
Stretcher Passenger Trip $0.00
Group Passenger Trip (Per Group) $31.66
Group Passenger Trip (Per Individual) $21.21
Bus Pass (daily full fare) Per pass $4.00
Bus Pass (daily reduced fare) Per pass $2.00
Bus Pass (weekly full fare) Per pass $15.00
Bus Pass (weekly reduced fare) Per pass $7.50
Bus Pass (monthly full fare) Per pass 35.00
Bus Pass (monthly reduced fare) Per pass $17.50
Macro Express (monthly full fare) Per pass $70.00
Macro Express (monthly reduced Per pass $35.00
fare)
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. e(), c�
AGREEMENT
DATE 7 1 j 1 /S
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department
of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
(CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
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DRAFT
Commission for the Transportation Disadvantaged
Trip&Equipment Grant Allocations
FY 2015-2016
COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED
FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING 1 6 mh., 9
43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS
Alachua $602,225 $66,914 $669,138 $265 $30 $295 $669,433
Baker $187,668 $20,852 $208,520 $2 $0 $2 $208,523
Bay $444,181 $49,353 $493,534 $43 $5 $48 $493,582
Bradford $119,844 $13,316 $133,160 $4 $1 $5 $133,165
Brevard $1,458,517 $162,057 $1,620,574 $485 $54 $539 $1,621,113
Broward $3,745,913 $416,213 $4,162,126 $1,541 $171 $1,712 $4,163,838
Calhoun $177,511 $19,723 $197,234 $1 $0 $1 $197,235
Charlotte $358,499 $39,833 $398,333 $76 $8 $84 $398,417
Citrus $397,601 $44,178 $441,778 $96 $11 $107 $441,886
Clay $374,897 $41,655 $416,552 $72 $8 $80 $416,633
Collier $781,703 $86,856 $868,559 $90 $10 $100 $868,659
Columbia $327,536 $36,393 $363,929 $8 $1 $9 $363,938
Desoto $231,519 $25,724 $257,244 $2 $0 $2 $257,246
Dixie $189,434 $21,048 $210,482 $1 $0 $2 $210,484
Duval $1,494,216 $166,024 $1,660,240 $551 $61 $612 $1,660,852
Escambia $657,565 $73,063 $730,628 $156 $17 $173 $730,801
Flagler $277,701 $30,856 $308,557 $68 $8 $75 $308,632
Franklin $171,761 $19,085 $190,845 $4 $0 $4 $190,849
Gadsden $326,798 $36,311 $363,109 $18 $2 $20 $363,129
Gilchrist $108,423 $12,047 $120,470 $1 $0 $1 $120,471
Glades $192,622 $21,402 $214,024 $1 $0 $1 $214,025
Gulf $173,127 $19,236 $192,364 $0 $0 $0 $192,364
Hamilton $154,208 $17,134 $171,343 $0 $0 $0 $171,343
Hardee $241,078 $26,786 $267,864 $4 $1 $5 $267,869
Hendry $343,693 $38,188 $381,881 $4 $0 $4 $381,885
Hernando $398,198 $44,244 $442,442 $19 $2 $21 $442,463
Highlands $445,781 $49,531 $495,313 $4 $1 $5 $495,318
Hillsborough $1,924,352 $213,817 $2,138,169 $771 $86 $856 $2,139,025
Holmes $187,218 $20,802 $208,020 $50 $6 $56 $208,076
Indian River $306,500 $34,056 $340,555 $48 $5 $53 $340,608
Jackson $398,441 $44,271 $442,712 $37 $4 $41 $442,753
Jefferson $172,491 $19,166 $191,657 $0 $0 $0 $191,657
Lafayette $142,044 $15,783 $157,827 $0 $0 $0 $157,827
Lake $671,585 $74,621 $746,206 $187 $21 $207 $746,413
Lee $746,770 $82,974 $829,744 $771 $86 $856 $830,601
Leon $513,353 $57,039 $570,392 $257 $29 $285 $570,677
Levy $364,754 $40,528 $405,282 $8 $1 $8 $405,290
Liberty $243,425 $27,047 $270,472 $0 $0 $0 $270,472
Madison $208,432 $23,159 $231,591 $0 $0 $0 $231,591
Manatee $587,445 $65,272 $652,717 $183 $20 $203 $652,920
Marion $822,167 $91,352 $913,518 $49 $5 $54 $913,572
Martin $283,678 $31,520 $315,198 $41 $5 $45 $315,243
Miami-Dade $8,763,921 $973,769 $9,737,690 $2,335 $259 $2,594 $9,740,284
Monroe $372,786 $41,421 $414,207 $112 $13 $125 $414,332
Nassau $288,182 $32,020 $320,202 $29 $3 $32 $320,234
Okaloosa $464,919 $51,658 $516,577 $50 $6 $55 $516,632
Okeechobee $251,658 $27,962 $279,620 $2 $0 $2 $279,623
Orange $2,059,361 $228,818 $2,288,179 $863 $96 $958 $2,289,137
Osceola $986,920 $109,658 $1,096,577 $66 $7 $74 $1,096,651
Palm Beach $2,732,255 $303,584 $3,035,839 $1,266 $141 $1,406 $3,037,245
Pasco $650,091 $72,232 $722,323 $232 $26 $257 $722,580
Pinellas $2,309,676 $256,631 $2,566,307 $561 $62 $623 $2,566,930
Polk $1,189,086 $132,121 $1,321,207 $191 $21 $212 $1,321,418
Putnam $370,687 $41,187 $411,874 $9 $1 $11 $411,884
Saint Johns $437,406 $48,601 $486,007 $112 $13 $125 $486,132
Saint Lucie $496,338 $55,149 $551,487 $99 $11 $110 $551,597
Santa Rosa $396,395 $44,044 $440,438 $82 $9 $91 $440,529
Sarasota $692,304 $76,923 $769,227 $690 $77 $766 $769,993
Seminole $680,897 $75,655 $756,552 $300 $33 $334 $756,885
Sumter $281,218 $31,246 $312,464 $40 $5 $45 $312,509
Suwannee $237,221 $26,358 $263,579 $26 $3 $29 $263,607
Taylor $280,984 $31,220 $312,204 $1 $0 $2 $312,206
Union $94,303 $10,478 $104,781 $6 $1 $6 $104,788
Volusia $1,046,410 $116,268 $1,162,678 $314 $35 $349 $1,163,027
Wakulla $186,512 $20,724 $207,235 $3 $0 $3 $207,238
Walton $372,229 $41,359 $413,588 $12 $1 $13 $413,601
Washington $214,526 $23,836 $238,362 $1 $0 $1 $238,363
TOTALS $47,811,160 $5,312,351 $53,123,511 $13,317 $1,479 $14,797 $53,138,307
cr.,-.
March 4,2015
1 6 0 9
SAMPLE LETTER TO SEND TO CONTRACTED OPERATORS
July 1, 2015
Transportation Operator
2000 W. Wheels Avenue, Suite 800
Yourtown, Florida 39999
Dear Operator:
As a contracted operator in the Your CountyCommunity Transportation System, you are entitled to
prompt payment for services funded by the Commission for the Transportation Disadvantaged Trust
Fund as outlined in the Trip/Equipment Grant executed between the Commission and the
Community Transportation Coordinator as follows:
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.
If you feel that the Community Transportation Coordinator is not fulfilling the obligations as outlined
in the above paragraph, you can seek assistance through the Commission for the Transportation
Disadvantaged Ombudsman Program Helpline at 1-800-983-2435 (TTY 1-800-648-6084). In
addition, a Vendor Ombudsman at the Department of Financial Services may be contacted at
(850) 413-5516 or toll free (800) 342-2762 for assistance.
Sincerely,
John Jones
Super Florida Transportation, Inc.
Your County Community Transportation Coordinator
cc: Steven Holmes, Executive Director
Commission for the Transportation Disadvantaged