Backup Documents 11/10/2015 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 0
F.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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
2
3. County Attorney Office County Attorney Office
1001
4. BCC Office Board of County Commissioners �-Tl •J
\ ' & kkk( kkS
5. Minutes and Records Clerk of Court's Office In/A) 111114(5 5 i41-k,
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 f the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Corine Williams &T sie Sillery Phone Number 252-5849 &252-5840
Contact/ Department PublicTransit&N D Enhmt(old atm)
Agenda Date Item was 11-10-2015 Agenda Item Number 16(D). No.16365
Approved by the BCC
Type of Document Attached JPA Agreement&Resolution Number of Original (4)JPA Agreement
Documents Attached (3)Resolution
PO number or account
number if document is to be
recorded
Note: The 31'd Original Resolution for PTNE Dept.
SPECIAL INSTRUCTIONS: Federal Express Acct.four acct. #- )to:
Please Do NOT date any of the agreements!
4 originals of the agreement and 2 original resolutions be Fed.Exed.
Debbie Stephens, Transit Project Coordinator
Fla.Dept.of Transportation
10041 Daniels Parkway
Fort Myers,Fla. 33913
(239-225-1982)
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
1. Does the document require the chairman's original signature? Lt k-)
2. Does the document need to be sent to another agency for additional signatures? If yes,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 signed by the Chairman, �oP
with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. ''t
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other ,
parties except the BCC Chairman and the Clerk to the Board tit
5. The Chairman's signature line date has been entered as thedate of BCC pproval of the document or the final V„ / N jk
negotiated contract date whichever is applicable.< t I n c V lI n Q vQ .
t`��GL�) /
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are
required.
7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to
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 /1 ckj
your deadlines!
8. The document was approved by the BCC on 11-10-2015 and all changes made during the meeting have'
been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if j',i)
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 for the Chairman's signature.
I:Form ounty Forms/BCC Forms/Original Documents Routing Slip WWS Ori mal 9.03.04,R vised 1.26.05,Revised 2.24.05;Revised 11/30/12
0.S QC C \rA.sl\�.. \ O U V C- l `"'".- • r�S
160 5
1
1 PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE NO POUCH NEEDED. -j
aF.4 a m
Imo€ r
Ell s
ay Sa o 65 .:4 i
m°a
° Q E AM ^
:11:mj �nLLF E E o .y a s 1 B
E C° y Q' .1 N1Q g g H L
N = of li ii °
a d m
is 1 i0 a!1 a i d € s ❑ 1 I , A = g
V
^' v-§ gv ° EP§ a c m€ BYO 84-0 ❑ r g5
1 1�
D. : t.a ,deg .gE, 1 Q1 E fi o i4y 11 f I
�._ 62 Elh hi ! lb, Z. 1 N g 26q E 1 2 & d X! Y.3' a 4-P
GG e
el ❑ ❑ ❑ in ❑ . ❑ ❑ L❑ o t ,- E Ali
tee
-----411 A i
4..---__ ).... tp=, >-
c0 C4
c� 1 ❑ ❑ r CI
M c.4 , U1 o
ti
K3 1 NI N R o 0
i
N 1 yr
o
Eli 1.--- i 1 li I 4
II�
IN
2 1
tb............. d r s `1 i , >""::V.Q co i y ; °
LJJ U
L.
IN Ilk ; y :-� g
Q a S y >
�, r m! o W a as a-
X O 8
a I C 4
t 1 ,iii g
and E F I G1i0.
�' E. � p� _a Ei 3 , ° 4 5
EP a a
aL o', :2 �1 i..i�I AS I.r2 Z I c.71 <B Q o •
N RI
6CCCt9V oos L x3P8A09.0081 woa•xapaj
I ` 1
16 0 5
RESOLUTION NO. 2015-2 2 6
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF
A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER
COUNTY, FLORIDA, PROVIDING FOR PARTIAL PROJECT FUNDING
IN AN AMOUNT NOT-TO-EXCEED $50,000 AS PART OF THE STATE
PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM, PROJECT
NO. 436923-1-84-01.
WHEREAS, at its regular meeting on Moven/b.er ID /.2Ds , the Collier County
Board of County Commissioner approved the execution of a Joint Participation Agreement
("JPA") with the Florida Department of Transportation ("FDOT") providing for funding by
FDOT through the State Public Transit Service Development Program for administrative,
management, and operational expenses associated with developing and implementing an iPhone
and Android application as well as a marketing plan for the Collier Area Transit System, Project
No. 436923-1-84-01 ("Project"); and
WHEREAS, the FDOT has agreed to contribute up to $50,000 to Collier County for the
Project under this JPA, with a matching contribution by Collier County of$50,000; and
WHEREAS, the FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote to approve the JPA and authorizing its
Chairman to execute the Agreement; and
WHEREAS, it is in the public interest that the parties enter into the JPA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. On NoVerr r IOj A,06, the Collier County Board of Commissioners approved by
majority vote the Joint Participation Agreement for FDOT the Project and authorized its
Chairman to execute the Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk of
Court to FDOT along with the executed Agreement.
This Resolution adopted after motion, second, and majority vote favoring same this
IDS`," day of NW,#7 bP.t , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCI , CLERK COLLIER COUNTY, FLORIDA
Air if /1BY
Deputyl-rk Tim N ance, CHAIRMAN
Attest a3 to Chairman s; i
signature only,'
[15-ATM-00314/1216742/1]
1 6 0 5
Approved as to form legality:
1 ,zp ,of 3olls
Assistant County Attorney
15-ATM-00314/8
[15-ATM-00314/1216742/1]
160 5
Centennial
1975-A)075
Florida Department of Transportation
RICK SCOTT 801 North Broadway JIM BOXOLD
GOVERNOR Bartow,FL 33830 SECRETARY
December 1,2015
Ms. Michelle Edwards-Arnold, Director
Collier Area Transit
3299 East Tamiami Trail
Naples, Florida 34112
RE: New Joint Participation Agreement for State Public Transit Service Development Program
Financial Project Number: 436923-1-84-01 /Contract Number: G0575
Dear Ms. Edwards-Arnold:
Enclosed please find the new fully-executed, original, Joint Participation Agreement (JPA) which provides
funding for the Department's Fiscal Year 15/16 State Public Transit Service Development program. Please
always reference the Financial Project Number and Contract Number identified above when calling or writing
about this project.
We look forward to working with you to carry out the terms of this Agreement. If you have any questions,
please contact Ms. Debi Stephens, Transit Projects Coordinator, at 239-225-1982 or at
debra.stephens@dot.state.fl.us.
Sincerely,
_ /f
Yet:fr-, •
`l\ Debi Stephens
fr Transit Projects Coordinator
Enclosures
cc: Richard P. Shine,District Transit Programs Administrator, Florida Department of Transportation
www.dot.state.fl.us
160 5
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
OGC-07718
JOINT PARTICIPATION AGREEMENT Page 1 of 13
Financial Project Number(s): Fund: 010 FLAIR Category.: 088774
(item-segment-phase-sequence)
436923-1-84-01 Function: 215 Object Code: 780000
Federal Number: N/A Org.Code: 55012020129
Contract Number:G0575 DUNS Number: 80-939-7102 Vendor No.: F596000558030
CFDA Number: N/A Agency DUNS Number: 076997790 CSFA Number: 55.012
CFDA Title:N/A CSFA Title: Transit Service Development
THIS AGREEMENT, made and entered into this rjr j- day of /)Ø' pfy\JJ4?JL..# (Q131 .'
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3299 East Tamiami Trail, Suite 700, Naples, Florida 34112
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before December 31, 2018 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH :
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.051(e)
Florida Statutes, to enter into this Agreement.
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 for the Department's participation through the State Public Transit Service Development Program, in the
Agency's eligible administrative, management, and operational expenses to develop and implement an I-Phone and
Android application and to development a Marketing Plan that will target the broad Collier County community with the
objectives of building awareness and promote a positive image for Collier Area Transit as described in the Agency's
project proposal which is on file with the Department
and as further described in Exhibit(s) A,B,C,D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
1 6 0 5
725-030-06
PUBLIC TRANSPORTATION
OGC-07115
Pape 2 of 13
2.00 Accomplishment of the Project:
2.10 General Requirements:The Agency shall commence, and complete the project as described in Exhibit
"A"attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner,and in accordance with the provisions herein, and all applicable laws,
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 Agency 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 Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards
completion.
3.00 Project Cost: The total estimated cost of the project is$ 100,000 . This amount
is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this
Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of$ 50,000 as detailed in Exhibit"B", or in an amount equal to the
percentage(s)of total cost shown in Exhibit"B",whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans,specifications,
contracts or other obligating documents as required by the Department, and all other terms of this
Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not
received the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding 0 is ® is not applicable, If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5,00 Project Budget and Payment Provisions:
5.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it
complies with fund participation requirements established in Section 4.00 of this Agreement,or Amendment thereto,and
is approved by the Department Comptroller.
CA
160 5
725-030-06
PURL.!0 TRANSPORTATION
OGC•07115
Page 3 0113
5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase
is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of
the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only
after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer
of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance
of the Participant is unsatisfactory, the Department shall notify the Participant of the deficiency to be corrected,which
correction shall be made within a time-frame to be specified by the Department. The Participant shall,within five days
after notice from the Department, provide the Department with a corrective action plan describing how the Participant will
address all issues of contract non-performance, unacceptable performance,failure to meet the minimum performance
levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
Department, the Participant shall be assessed a non-performance retainage equivalent to 10%of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld
until the Participant resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the
Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency,the
funds retained may be forfeited at the end of the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records:The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under
terms of this Agreement shall be maintained in the project account and made available upon request to the Department
at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records of costs incurred include the
Agency's general accounting records and the Project records, together with supporting documents and records, of the
Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants
considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the
expiration of the five (5)year period, the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs:All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices,contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency 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 Agency 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, and, to the extent feasible, kept separate and apart from all other such
documents.
6..50 Audits: The administration of Federal or State resources awarded through the Department to the Agency by
this Agreement may be subject to audits and/or monitoring by the Department.The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General,
or any other state official.The Agency shall comply with all audit and audit reporting requirements as specified below.
1 6 0 5
725-030-06
PUBLIC TRANSPORTATION
OGC-0015
Page 4 of 13
Part I Federally Funded:
1. in addition to reviews of audits conducted in accordance with OMB Circular A-133,for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal
years beginning on or after December 26,2014, monitoring procedures may include but not be limited to on-site visits by
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 Federal awards provided through the Department by this Agreement, By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department.The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by OMB Circular A-133,for fiscal years beginning before
December 26, 2014,and as defined by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of
the threshold established by OMB Circular A-133,for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years
beginning on or after December 26, 2014, the Agency must have a Federal single or program-
specific audit conducted for such fiscal year in accordance with the provisions of OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and in accordance with the
provisions of 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26, 2014. ExhlbitA,B,C,D to this Agreement provides the
required Federal award identification information needed by the Agency to further comply with the
requirements of OMB Circular A-133,for fiscal years beginning before December 26,2014,and
the requirements of 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning
on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the
Agency must consider all sources of Federal awards based on when the activity related to the
Federal award occurs, including the Federal award provided through the Department by this
Agreement, The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, for fiscal years beginning before
December 26,2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26,2014. An audit conducted by the State of Florida
Auditor General in accordance with the provisions of OMB Circular A-133,for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014,will meet the
requirements of this part.
b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in OMB Circular A-133,for fiscal years beginning before
December 26, 2014, and as provided in 2 CFR Part 200,Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26, 2014.
CA
160 5
•
725-030-06
PUBLIC TRANSPORTATION
OGC•07/15
Page Sof 13
c. In the event the Agency expends less than the threshold established by OMB Circular
A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,2014, in
Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year.
However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.a4.6t. .fl.us no later than nine months after the end of the Agency's audit
period for each applicable audit year. In the event the Agency expends less than the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26,2014, and
established by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133,for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200,Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-
Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources
obtained from other than Federal entities).
d. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at
https//harvester,G .nsus.ggv/facwe✓1 the audit reporting package as required by OMB Circular
A-133,for fiscal years beginning before December 26,2014, and as required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, within
the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end
of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, and
this Agreement. However, the Department requires a copy of the audit reporting package also be
submitted to FDO1Sing€eAuditna dot,state:fl,u_s within the earlier of 30 calendar days after receipt
of the auditor's report(s)or nine months after the end of the audit period as required by OMB
Circular A-133,for fiscal years beginning before December 26, 2014, and as required by 2 CFR
Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,
2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit
reporting package, including corrective action plans and management letters,to the extent
necessary to determine whether timely and appropriate action on all deficiencies has been taken
pertaining to the Federal award provided through the Department by this Agreement. If the Agency
fails to have an audit conducted in accordance with OMB Circular A-133,for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014, the Department may
impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions, the Department may take
appropriate actions to enforce compliance.
f. As a condition of receiving this Federal""award, the Agency shall permit the Department,
or its designee,the CFO or State of Florida Auditor General access to the Agency'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.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDQTSingleAcid itc&ot,state.fl.us
CAO
1 6 D 5
725-030-06
PUBLIC TRANSPORTATION
OGC•07/15
Page 6 of 13
Part Ii State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by
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 Department by this Agreement. By entering into this
Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department.The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Department, the Department of Financial Services(DFS)or State of
Florida Auditor General.
2. The Agency, a nonstate entity as defined by Section 215,97(2)(m), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section
215.97, Florida Statutes, the Agency 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.
ExhibitA,B,C,D to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply with the
requirements of Section 215.97, Florida Statutes. In determining the state financial assistance
expended in a fiscal year,the Agency shall consider all sources of state financial assistance,
including state financial assistance received from the Department 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.
b. In connection with the audit requirements, the Agency 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.
c. In the event the Agency does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes,the Agency is exempt for such fiscal year from the state
single audit requirements of Section 215.97, Florida Statutes. However, the Agency must
provide a single audit exemption statement to the Department at FDQTSingteA.udit{@dot.state..
fi.us no later than nine months after the end of the Agency's audit period for each applicable
audit year. In the event the Agency 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 Agency's resources (i.e.,the cost of such an audit must be
paid from the Agency's resources obtained from other than State entities).
d, 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, Florida 32399-0405
FDOISingleAudit(@_dqUtate.fi.us
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 32399-1450
CA
1 6 0 5
725-030-06
PUBLIC TRANSPORTATION
OGC•07115
Page 7 of 13
e. 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.
f. The Agency, 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 Agency in correspondence accompanying the
reporting package.
g. Upon receipt, and within six months,the Department will review the Agency'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 Department
by this Agreement. If the Agency fails to have an audit conducted consistent with Section
215.97, Florida Statutes,the Department may take appropriate corrective action to enforce
compliance.
h. As a condition of receiving state financial assistance, the Agency shall permit the
Department, or its designee, DFS or the Auditor General access to the Agency'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.
The Agency 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 Department, or its designee, DFS or State of Florida
Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made
available to the Department, or its designee, DES or State of Florida Auditor General upon request for a period of five
years from the date the audit report is issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow, Florida , FL,
33830 its requisition on a form or forms prescribed by the Department,and any other data pertaining to
the project account(as defined in Paragraph 6.10 hereof)to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the
criteria for evaluating successful completion.
712 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of
deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's
Project Manager prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit"A"has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061,
F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates
lower than the maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property,and
actual consideration paid for real property.
c,�
160 5
725.030-06
PUBLIC TRANSPORTATION
OGC-07/15
Page 8 of 13
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default:The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
726 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit"B."
7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement,
costs which are not provided for in the latest approved scope and budget for the project, costs attributable to goods or
services received under a contract or other arrangements which have not been approved by the Department, and costs
invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: if, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion,finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, 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 Department may terminate any or ail of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph,the Agency 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 Department such portion of
the financing and any advance payment previously received as is determined by the Department 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 Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time.The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
CA
16D 5
725-030.06
PUBLIC TRANSPORTATION
OGC.07115
Page 9 of 13
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection:The Agency shall permit, and shall require its contractors to permit, the
Department'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.
10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and
all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring
the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto.
If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration (FTA)funds are used in the project, the
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287,055, F.S., Consultants'Competitive Negotiation Act.At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with Chapter 287.055, F.S., the
Consultants'Competitive Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves the purchase of
commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,
which includes engineering, design,and/or construction activities,where purchases or costs exceed the Threshold
Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions
of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or
contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of
the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits.
Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in
exceeding the current budget contained in Exhibit"B", or that is not consistent with the project description and scope of
services contained in Exhibit"A"must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
nonpayment by the Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise(DBE) Policy:
10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of
49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin,or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986(31 U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
C,q
160 5
725-030-06
PUBLIC TRANSPORTATION
11.00 Restrictions, Prohibitions,Controls,and Labor Provisions: 1 of 1
PagOGe
13
Page l0 of
5
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for 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. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
11.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42
USC 3601,et seq.,which among other things, prohibits discrimination in employment on the basis of race, color, national
origin, creed, sex, and age.
11.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102,et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project,with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's,director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity,
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project,with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit
arising therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by
theAgency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits,The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, 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.
(11)
1 60
725.030-06
PUBLIC TRANSPORTATION
OGC•07115
Page 11 0113
12.50 Bonus or Commission:By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law,the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18,when applicable.
12.80 Disposal of Project Facilities or Equipment; If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use,the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment.Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify,defend, and hold
harmless the Department and all of its officers, agents,and employees from any claim, foss, damage,cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents,or its employees will be liable under this
paragraph for any claim, loss,damage, cost, charge, or expense arising out of any act, error,omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency, The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14)working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the
Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by
Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations,
and trial, if any. However, if only one party participates in the defense of the claim at trial,that party Is responsible for all
expenses at trial.
13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall
provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit"C" if applicable. For
the plans, specifications,construction contract documents, and any and all other engineering,construction, and
contractual documents produced by the Engineer, hereinafter collectively referred to as"plans",the Agency will certify
that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established
by the Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"B"of this Agreement
as well as the Scope of Services;and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements,and other similar regulations.
Notwithstanding the provisions of this paragraph,the Agency, upon request by the Department,shall provide plans
and specifications to the Department for review and approvals.
16D 5
725-030-06
PUBLIC TRANSPORTATION
OGC-07/15
Page 12 of 13
14.00 Project Completion,Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a)The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
16.00 Expiration of Agreement: The Agency agrees to complete the project on or before
December 31, 2018 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or Designee . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement.
17.00 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.
18.00 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.
19.00 Restrictions on Lobbying:
19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub-awards at all
tiers(including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements)and that all
sub-recipients shall certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
20.00 Vendors Rights: Vendors(in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five(5)working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise,
The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
Cq
160 5
725-030-06
PUBLIC TRANSPORTATION
OGC-07/75
Page 13 Of 13
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services,a separate interest penalty in accordance with Section 215.422(3)(b), F.S.will be due and payable,in addition
to the invoice amount to the Agency,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 Agency
requests payment. Invoices which have to be returned to an Agency 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
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the
Department. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer
Services at 1-877-683-5236.
21,00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier,subcontractor, or consultant under a contract with any public entity,and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
22.00 Discrimination:An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
23.00 E-Verify;
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E.Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract; and
2•shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
24.00 Inspector General Cooperation:
The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with 8.20,055(5), Florida Statutes.
IN WITNESS WHEREOF,the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FDOT n
Collier County Board of County Commissioners
AGENCY NAME DEPARTMENT OF TRANSPORTATION
TIM CE
Chris Smith
SIGNATORY(PRINTED OR TYPED) TITLE Director of Transportation Development
SIGNATURE LEGAL REVIEW
DEPARTMENT OF TRANSPO ION
See attached Encumbrance Form for date of Funding
CHAIRMAN Approval by.Comptroller
TITLE
Approved as to orm and legality ATThST:
--TIGHT E.
Assts, t Cou�orney. Cq
Attest as to Chair ._
• cinnatura nnlv'.
1 6D 5
Collier County
Financial Project Number: 436923-1-84-01
Contract Number: G0575
State Public Transit Service Development Program
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Bo d of County Commissioners, 3299 East Tamiami Trail,
Suite 700, Naples Florida 34112, dated (p)/ 1.20►.s referenced by the above Financial Project
Number.
PROJECT LOCATION: Collier County, Florida
PROJECT DESCRIPTION: The purpose of the this Agreement is to provide for the Department's participation
through the State Public Transit Service Development Program, in the Agency's eligible administrative,
management, and operational expenses to develop and implement an I-Phone and Android application and to
development a Marketing Plan that will target the broad Collier County community with the objectives of
building awareness and a positive image for Collier Area Transit as described in the Agency's project proposal
which is on file with the Department.
SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.50 of the
Agreement shall include a schedule of project assistance that will reflect the Department's contract number,
Financial Project Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written
requests for minor changes or amendments to the services provided by this Agreement. The Department will
provide written responses to all such requests. A minor change or amendment is defined as a non-material
change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or
budget of the Agreement.
If applicable, the eligible project period identified herein, may be extended by letter from the Department upon
a written request from the Agency.
The Department recognizes the necessity of, and allows,the Agency to provide public transportation services
under this Agreement beyond its geographic boundaries for achievement of effective and efficient public transit
services, and for public necessity and convenience.
Exhibit A, Page 1 of 1
1 6 0 5 '
. .
,. . ,
Collier County
Financial Project Number: 436923-1-84-01
Contract Number: G0575
State Public Transit Service Development Program
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier Coty Board of County Commissioners, 3299 East Tamiami Trail,
Suite 700,Naples,Florida, 34112, dated Ca / 12_0 15 referenced by the above Financial Project Number.
Project Estimated and Programmed Budget:
The Department has programmed the funding amounts shown below in the most currently adopted Work
Program. Availability of any funds is subject to legislative approval.
FY 15/16
Local Funding(LF) 50% $50,000.00
State Funding(DPTO) 50% $50,000.00
Total $100,000.00
It is the intent of the Department to participate in the project to the level of Department funding encumbered
and consistent with Section 341.051(e), F.S.
Exhibit B, Page 1 of 1
S
1 6 0 5
.,
,. ,
Collier County
Financial Project Number: 436923-1-84-01
Contract Number: G0575
State Public Transit Service Development Program
EXHIBIT "C"
(GENERAL-with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board ofo my Board of Commissioners, 3299 East
Tamiami Trail, Suite 700,Naples. Florida 34112 dated 142 l I(:20 IS referenced by the above Financial
Project Numbers.
REF: Section 341.051(e) F.S.
Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes
and the requirement of Paragraph 7.00 of this Agreement:
1. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in accordance
with instructions given by the Department. Back-up documentation will include the appropriate items
necessary to verify costs incurred and the eligibility of said costs.
2. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the Department no
later than five (5) working days after receipt, by the District Public Transportation Office, of a properly
prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall
inform the Agency within five(5)working days of receipt and return the invoice for corrections.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
® Bus Transit System -In accordance with Section 341.061, Florida Statutes, and Rule Chapter 14-90,
Florida Administrative Code, the Agency shall submit, and the Department shall have on file,an annual
safety certification that the Agency has adopted and is complying with its adopted System Safety
Program Plan pursuant to Rule Chapter 14-90, F.A.C., and has performed annual safety inspections of
all buses operated.
(1 Fixed Guideway System - (established) In accordance with Section 341.061,Florida Statutes,the
Agency shall submit, and the Department shall have on file, annual certification by the Agency of
compliance with its System Safety Program Plan, pursuant to Rule 14-15.017, Florida Administrative
Code.
E Fixed Guideway System- (new) In accordance with Section 341.061, Florida Statutes,the Agency shall
submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-
15.017, Florida Administrative Code. Prior to beginning passenger service operations, the Agency shall
submit a certification to the Department that the system is safe for passenger service.
Exhibit C,Page 1 of 2
40
160 5
Collier County
Financial.Project Number: 436923-1-84-01
Contract Number: G0575
State Public Transit Service Development Program
Third Party Contracts
The Department must approve thirdparty contracts pursuant to Paragraph 10.10 except that, when checked
below, written approval is hereby granted for:
15<1 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental
contract.
• 2. Other contracts less than $25,000 excluding consultant services or construction contracts. The
Department shall require all consultant and construction contracts and amendments thereto to
receive concurrence prior to award.
• 3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent
(25%) change in total dollar amounts from one year to the next.
EXT 4. Purchase of service contracts where the Agency will provide transportation service for a fee.
Required Submittals
SUBMITTAL/C.ERTI.FICATION RESPONSIBILITY
12< Procurement Requests Agency
El Safety Compliance Agency
• Specifications Agency
,1 Invoices Agency
• Audit Reports Agency Annually During
Life of Project
171 Project Progress Reports Agency Annually During
(In Department approved format) Life of Project
Exhibit C,Page 2 of 2
Cq
160 5
05-uiauN
PUBLIC TRANSPORTATION
y4/0u
Paye i of 1
Collier County
Financial Project Number: 436923-1-84-01
Contract Number: G0575
State Public Transit Service Development Program
EXHIBIT D
FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier Cou ty Board of County Commissioners,3299 East Tamiami Trail,
Suite 700,Naples, Florida 34112, dated rod ( 1 ( a.,®(5
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed
below. If the resources awarded to the recipient represent more than one Federal or State program,provide the
same information for each program and the total resources awarded, Compliance Requirements applicable to
each Federal or State program should also be listed below. If the resources awarded to the recipient represent
more than one program, list applicable compliance requirements for each program in the same manner as shown
here:
STATE RESOURCES
State Agency Catalog of State Financial Assistance(Nwnber and Title) Amount
Florida Department of 55.012--Public Transit Service Development Program $50,000.00
Transportation
Compliance Requirements.
I. Section 341.051, Florida Statutes
2. Americans with Disabilities Act(ADA)
3. Chapter 337.408, Florida Statutes, "Regulation of bus stops, benches, transit shelters, street light poles,
waste disposal receptacles, and modular news racks within rights-of-way."
4. Florida Administrative Code Rule Chapter 14-20, "Private'Use of Right-of-Way."
5. All terms of Department Contract
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a),Florida Statutes,
require that the information about Federal Programs and State Projects included in this exhibit be
provided to the recipient.
Exhibit D,Page 1 of I
160 5
Page 1of2
Financial Project Number: 436923-1-84-01
Original Contract G0575
Standard Lobbying Certification Form
The undersigned [Contractor] certifies,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal
loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,
amendment,or modification of any Federal contract,grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 U.S.C. 1601,etseq.)]
(3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act
of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not
less than$10,000 and not more than$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor,Collier County Board of County Commissioners,certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
,----7:::://
Signature of Contractors Authorized Official
t I IM NculCe, j Chairmoul Name and Title of Contractor's Authorized Official
i I/10/15 Date
ATTEST:
Ai,piuvea as to onn and legality —T, Mill,bccicb A
CLERIC
(0)(..):,....o ,
Assi t Coun Attomey est as t0. v '''- -:- )--- kx--4)),
halrman S c
cianaturp only
1 6 0 5
TO: PT129DS@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0575
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #G0575 Contract Type: Method of Procurement:
Vendor Name: COLLIER COUNTY B
Vendor ID: VF596000558007
Beginning date of this Agmt: 10/15/15
Ending date of this Agmt: 12/31/18
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 012020129 *Al *751000 * 50000.00 *43692318401 *215 *
2016 *55100100 *088774/16
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 50,000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 10/06/2015
160 5
RESOLUTION NO. 2015- 2 2 6
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF
A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER
COUNTY, FLORIDA, PROVIDING FOR PARTIAL PROJECT FUNDING
IN AN AMOUNT NOT-TO-EXCEED $50,000 AS PART OF THE STATE
PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM, PROJECT
NO. 436923-1-84-01.
WHEREAS, at its regular meeting on N Overn OX t b i 2U l.5 , the Collier County
Board of County Commissioner approved the execution of a Joint Participation Agreement
("JPA") with the Florida Department of Transportation ("FDOT") providing for funding by
FDOT through the State Public Transit Service Development Program for administrative,
management, and operational expenses associated with developing and implementing an iPhone
and Android application as well as a marketing plan for the Collier Area Transit System, Project
No. 436923-1-84-01 ("Project"); and
WHEREAS, the FDOT has agreed to contribute up to $50,000 to Collier County for the
Project under this JPA, with a matching contribution by Collier County of$50,000; and
WHEREAS, the FDOT requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote to approve the JPA and authorizing its
Chairman to execute the Agreement; and
WHEREAS, it is in the public interest that the parties enter into the JPA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. On NoVembtr W1,21015, the Collier County Board of Commissioners approved by
majority vote the Joint Participation Agreement for FDOT the Project and authorized its
Chairman to execute the Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk of
Court to FDOT along with the executed Agreement.
This Resolution adopted after motion, second, and majority vote favoring same this
I0-1 " day of I\ DVe,rn b-e,r , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E...BROtK-CLERK COLLIER COUNTY, FLORIDA
By � is - By
tlerk f, Tim Nance, HAIRMAN
Attest'asAo Gnalr► ' y
signature only,
[15-ATM-00314/1216742/1]
16 0 5
Approved as to form legality:
-� ,Ep 101301 15
Assistant County Attorney
15-ATM-00314/8
[15-ATM-00314/1216742/11