Backup Documents 06/14/2016 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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 6-14-16
4. BCC Office Board of County CF '
Commissioners J -7
}klS/ �9-�
5. Minutes and Records Clerk of Court's Office
Y\A/U ( 40 2191•...
0
PRIMARY CONTACT INFORMATION 6
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 Michelle Arnold Contact Information 239-252-5841
Contact/ Department
Agenda Date Item was June 14,2016 ✓ Agenda Item Number 16D1
Approved by the BCC Z0/69-/23
Type of Document Transportation Disadvantaged Trust Fund Number of Original Two ✓
Attached Trip/Equipment Grant Agreement with the ,/ Documents Attached
Florida Commission for the Transportation
Disadvantaged(CTD)and supporting Resolution
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 signatures mp SRT
2. Does the document need to be sent to another agency for addition—if 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 06-14-16 and all changes made during SRT
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the t g
Chairman's signature.
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
. 7 \ �`_ � 1601
12.:---.. }
County- of Colli' r
CLERK OF THE CICU . COURT
COLLIER COUNTY C( ,IRTHO SE
Dwight E. Brock-Clerlc'fpf Circuit Court
3315 TAMIAMI TRL E STE 102 P.O. BOX 413044
NAPLES,FL 34112-5324 i NAPLES, FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Cusfodian of County Funds
June 15, 2016
Florida Commission for the Transportation Disadvantaged
Attn: John Paul Irvine, Project Manager
605 Suwannee Street
MS-49
Tallahassee, Florida 32399
Re: FCTD Grant Agreement
Transmitted herewith are two (2) original applications and two (2) certified resolutions
of the the above referenced document for your records per request, as adopted by the
Collier County Board of County Commissioners of Collier County, Florida on Tuesday,
June 14, 2016, during Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
P-)LiQ ‘ -)k, I
t,, CL-k.._ •
---......If2.---
Martha Vergara, Deputy Jerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
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16D 1
RESOLUTION No.2016- 1 2 3
A RESOLUTION OF 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 $8 2 4,4 6 4.00, AND
AUTHORIZING ITS CHAIRMAN TO SIGN THE GRANT AGREEMENT.
WHEREAS, the Board is eligible to receive a Transportation Disadvantaged Trust Fund
Grant and to undertake a transportation disadvantaged service project as authorized by Section
427.0159,Florida Statutes,and Rule 41-2,Florida Administrative Code;and
WHEREAS, at the June 14, 2016, meeting of the Board of County Commissioners
the Board by majority vote approved a Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement (the "Agreement") with the Florida Commission for the
Transportation Disadvantaged ("FCTD") for State FCTD funding in the amount of
$824,464.00 (with a total project cost of $916,071.00) and authorized the Board of County
Commissioners,through its Chairman,to enter into the Agreement with the FCTD;and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing
and confirming the Board's aforementioned affirmative vote acknowledging its authorization of
the Chairman to execute the Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that;
1. The Board has the authority to enter into this grant agreement.
2. On June 14, 2016, the Board of County Commissioners authorized its Chairman,
by majority vote, to enter into the above-referenced Transportation Disadvantaged
Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the
Transportation Disadvantaged.
This Resolution adopted this 14th day of June, 2016 after motion, second and majority
vote in favor of passage.
ATTEST • itt�'ro BOARD OF COUNTY COMMISSIONERS
DWIGHT.`BROCI •CLERK COLLI ' COUNTY,FLORIDA
By: . ° 1.1 i By:
Deputy Clerk �' Donna Fiala, Chair
Attest as to Chairmaii{s=
signature only.
Approved o form and legal ufficiency:
By: 1+ R
Scott R. Teach, Deputy County Attorney
1
d'-- Transportation Disadvantaged
Tronsportotion Trip & Equipment Grant Application Form 1 6 p i
Arson
Grant Recipient Collier County Board of County Commissioners
Legal Name
Federal Employer Identification 59-6000558
Number
Registered Address 3299 Tamiami Trail East,Suite#700
City and State Naples, Florida Zip Code 34112
Contact Person for this Grant Michelle Arnold Phone Number 239-252-5841
Format 111-111-1111
E-Mail Address(Required] michellearnold@colliergov.net Fax Number 239-252-3929
Format 111.1114111
Project Location(County(ies)] Collier County Proposed Project 7/1/2016
Start Date
4r
Planning Funds Transferred from Planning Agency $0
Grant Amount-State Allocation[90%] $824,391
Grant Amount-Local Match[10%] $91,599
Grant Amount-Proviso[90°%] $0
Grant Amount-Proviso Match[10%] $0
---------------------------------
Voluntary Dollar Amount $73
Local Match for Voluntary Dollars[In Kind] $8
Description of Capital Equipment $Amount
,• If.,,y rtgai Capital Eq r'{{.
�; 0.00`
If Requesting Capita!Equipment Local Coordinating Board Review IS Required
This ApplicatioForm requesting the purchase of capital equipment has been review
by the n/a L I Coordina• g'Board
a;Ymp
Enter Do.-ole
Signature of Local Coordinating Board Chairperson Date
I, Donna Fiala, Chairperson , as the authorized Grant Recipient Representative, hereby certify that the
.inf'pr Mob•contained in this form is true and accurate and is submitted in accordance with the grant
• ttoth.instructions.
6/14/2016
Signature of Grant Recipient Representative Date
i i EST r"� .,---; Ap roved as to form and legality
DWIGHT a BROCK, CLERK ,
TnpandEquipmentGrantApplicationForm201 ►i I f l)2ilie-A-4 -- (310
Form Revised 4/22/2016 � , \ �
Attesa, o airmanj ._._-- Scott R.Teach,Deputy County Attorney
6:.-- .'t # Ch ' '
1 6 0 1
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.: GOB09 Vendor No.: 59-6000558
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2016 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 2016-17 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.
Trip&Equipment Grant Agreement 2016/2017 Page 1 of 23
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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 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 2016-17 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 $916,071.00. 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 $824,464.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
Trip&Equipment Grant Agreement 2016/2017 Page 2 of 23
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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 16.00 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.
Trip&Equipment Grant Agreement 2016/2017 Page 3 of 23
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6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Article 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund
participation requirements established in Article 4.00 of this agreement shall not be effective
unless approved in writing by the Commission and the Florida Department of Transportation
Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." 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.
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Should the Grantee provide "sponsored"transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the"sponsored"transportation to the other purchasing agencies, and
must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit
has been initiated and audit findings have not been resolved at the end of five years, the records
shall be retained until resolution of the audit findings.
7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately
record in the Project Account, and deposit in a bank or trust company which is a member of the
Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by
it from the Commission pursuant to this Agreement and all other funds provided for, accruing
to, or otherwise received on account of the Project, which Commission payments and other funds
are herein collectively referred to as "Project Funds." The Grantee shall require depositories of
Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured
under Federal plans, or under State plans which have been approved for the deposit of Project
funds by the Commission, by the deposit or setting aside of collateral of the types and in the
manner as prescribed by State law for the security of public funds, or as approved by the
Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
7.40 Documentation of Project Costs 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.
Trip&Equipment Grant Agreement 2016/2017 Page 5 of 23 o
n
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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
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.
Trip&Equipment Grant Agreement 2016/2017 Page 6 of 23
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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
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
both:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Local Government Audits/342
605 Suwannee Street 111 West Madison Street, Room 401
Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@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.
Trip&Equipment Grant Agreement 2016/2017 Page 7 of 23
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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
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:
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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.
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.
8.13 Financial Consequence: Reimbursement payment for transportation services shall
not be provided to the Grantee until documentation supporting such services has been
approved. In addition, payment shall not be provided to the Grantee for capital until the
capital has been received and proof of payment and other back up documentation as
requested is provided to the Commission. The project must be completed (capital received
and approved by the Grantee) no later than June 30, 2017.
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
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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 accordance with the Commission's
invoice procedures 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 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
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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
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.
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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
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.
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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
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.
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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:
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.
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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.
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.
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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.
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.
14.74 Equivalency of Service: In the event that this agreement involves the purchasing
of vehicles, upon the Commission's request, the Grantee shall submit to the Commission,
certification that such equipment meets or exceeds equivalency of service requirements in
accordance with the Commission's Capital Equipment Procedures. Failure to abide by this
requirement shall be sufficient cause for nonpayment by the Commission as provided in
Paragraph 8.23.
15.00 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
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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.
16.00 Appropriation of Funds:
16.10 The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature. If applicable, Grantee's
performance of its obligations under this Agreement is subject to an appropriation by the
Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission
acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized
to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations.
17.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June
30, 2017. 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
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, 2017.
18.00 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.
19.00 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.
20.00 Vendors and Subcontractors Rights:
20.10 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.
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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.
20.20 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 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.
21.00 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. GOB09
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 COMMISSION FOR THE
COUNTY COMMISSIONERS TRANSPORTATION DISADVANTAGED
40,240
.,./L
BY: BY:
Donna Fiala
Chairman
TITLE: TITLE: Executive Director(Commission Desicinee)
ATTEST....
DWIGHT E. BROOK, CLERK
E;Y:itti /-,
Attest as to Chairman's \---"
signature-only.
Appr:ved as to f• 1 an legality
moo /
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t R.Teach,Deputy County Attorney
Trip&Equipment Grant Agreement 2016/2017 Page 19 of 23
Form Rev. 05/10/2016
Collier
1 6 0 1
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GOB09
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 2016-17
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.
Trip&Equipment Grant Agreement 2016/2017 Page 20 of 23
Form Rev. 05/10/2016
Collier
1 6 0 1
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G0B09
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 2016-17 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. Reimbursement payment for transportation services shall
not be provided to the Grantee until documentation supporting such services has been approved. In addition,
payment shall not be provided to the Grantee for capital until the capital has been received and proof of payment
and other back up documentation as requested is provided to the Commission. The project must be completed
(capital received and approved by the Grantee) no later than June 30, 2017.
Non-sponsored Trips $ 915,990.00 FM# 43202718401
Voluntary Dollar 81.00 FM# 43202818401
TOTAL $ 916,071.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $824,391.00
Local Cash Funds $91,599.00
2016-17 Legislative Proviso Funds $ 0.00
Local Cash Funds for 2016-17 Legislative Proviso Funds $ 0.00
Voluntary Dollar Contributions $73.00
Monetary Value of In-Kind Match $8.00
Total Project Cost $916,071.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 16/17
Trips 68,775 68,699 68,699 68,699 68,699 68,699 68,699 68,699 68,699 68,699 68,699 68,699
Capital
Trip&Equipment Grant Agreement 2016/2017 Page 21 of 23
Form Rev. 05/10/2016
Collier
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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:
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile,Trip, or Pass) $
Ambulatory Trip 36.81
Wheelchair Trip 63.10
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 Pass 28.63
Group Trip - Per Group Pass 34.03
Trip&Equipment Grant Agreement 2016/2017 Page 22 of 23
Form Rev. 05/10/2016
Collier
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160
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GOB09
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: $ 824,464.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at: httJsJ/appsfl ifsconnt saaisearchCataloq aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements// for CSFA Number 55.001 are provided at:
Irttos//oohs fidts comitssdaiss archl.�oniIsance : �x
The State Projects Compliance Supplement is provided at: res ,`%apes fidfs corhifsaaiconviiance aspx
Trip&Equipment Grant Agreement 2016/2017 Page 23 of 23
Form Rev. 05/10/2016
Collier