Agenda 12/13/2016 Item #16D26 16.D.26
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Joint Participation Agreement with
the Florida Department of Transportation in the amount of$274,500 to provide a new seasonal park-
and-ride beach circulator service to Delnor-Wiggins and Vanderbilt Beaches for Collier Area Transit;
approve a resolution authorizing the Chairman to sign the agreement; authorizing the Chairman to sign
a vehicle lease agreement; make a finding that the Tourist Development Tax expenditure promotes
tourism, and authorize all necessary Budget Amendments.
OBJECTIVE: To obtain funding for a seasonal route to provide an alternative means for residents and
visitors to access the beach thereby alleviating parking pressure at County parks.
CONSIDERATIONS: On June 9, 2015, the Board ratified the approval of a grant application for the State
Discretionary Transit Service Development and State Park-and-Ride Lot Program administered by the Florida
Department of Transportation (FDOT). Staff prepared a grant proposal to provide a new seasonal beach route
circular that would provide access to tourists and others to Delnor-Wiggins and Vanderbilt Beaches by the
Collier Area Transit(CAT) system.
The shuttle/circulator is proposed to run Monday through Sunday during the peak beach hours from 9:00 a.m.
to 3:00 p.m. This route will provide connection opportunities with at least three other Collier Area Transit
routes. The proposed service would operate along the following roadway segments that are not currently
served by fixed route public transit: Livingston Road; Vanderbilt Beach Road; Gulfshore Boulevard, and
Bluebill Avenue. Riders can board the bus at the North Collier Regional Park and other stops along the route.
Guests staying at hotels and other seasonal rentals along these corridors and the connecting routes will now
have access to the beaches along Vanderbilt without having to drive and park around this congested beach
area. The fare for a one-way trip will be$1.50 per person and$0.75 for children 17 years old and younger.
On October 20, 2016, FDOT notified Collier County of the award of the grant for a total project amount of
$274,500 over a three-year period. The grant provides for reimbursement of fifty percent of the project costs;
the remaining fifty percent must be provided by the local agency. Staff submitted a request for funding to the
Tourist Development Council (TDC) at their November 28, 2016 meeting to support the match requirements.
The TDC unanimously approved funding the request and asked staff to provide a report on the performance of
the service within a six months period. Staff was also asked to report to the TDC at their January meeting, the
feasibility of increasing the fare for this service.
In addition to approving the JPA, staff requests that the Board authorizes Public Services Department Head,
Steve Carnell, as the Board's designee,to sign the Standard Lobbying Certification to be attached to the JPA.
The route will be implemented using a leased trolley bus due the limited timeframe for this route service. A
vehicle lease agreement must be entered into with the Board as part of the approval of this service. The lease
agreement is attached to this Executive Summary for the chairman's signature.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval
with a finding that this expenditure promotes tourism at its regularly scheduled meeting on November 28,
2016.
FISCAL IMPACT: The total estimated project cost is $274,500. Budget amendments are required to
appropriate the FDOT award amount of $137,250 within CAT Grant Fund 424, Project 33496, and the
remaining local match requirement of$137,250 within CAT Match Fund 425, Project 33496. Match funds
available as approved from Tourist Development Council (TDC) funds, Category "A" Bach Park Facilities
Fund 183.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
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16.D.26
12/13/2016
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval.-SRT
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to
execute a Joint Participation Agreement with the Florida Department of Transportation; approves a resolution
authorizing the Chairman to sign the agreement; authorizes Steve Carnell, Public Services Department Head,
to sign the Standard Lobbying Certification; authorizes the Chairman to sign a vehicle lease agreement; makes
a finding that the Tourist Development Tax expenditure promotes tourism, and authorizes all necessary Budget
Amendments.
Prepared by: Michelle Arnold,Public Transit&Neighborhood Enhancement Division
ATTACHMENT(S)
1.Joint Participation Agreement-Project No 438849-1-84-01 (PDF)
2. Standard Lobbying Agreement (PDF)
3.Resolution for Project No 438849 (PDF)
4.Vehicle Lease Agreement (PDF)
5.Trolley Rental Summary (PDF)
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16D.26
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.26
Item Summary: Recommendation to approve a Joint Participation Agreement with the Florida
Department of Transportation in the amount of$274,500 to provide a new seasonal park-and ride beach
circulator service to Delnor-Wiggins and Vanderbilt Beaches for Collier Area Transit; approve a
resolution authorizing the Chair to sign the agreement; make a finding that the Tourist Development Tax
expenditure promotes tourism, and authorize all necessary Budget Amendments.
Meeting Date: 12/13/2016
Prepared by:
Title: Division Director-Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
10/27/2016 8:39 AM
Submitted by:
Title: Division Director-Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
10/27/2016 8:39 AM
Approved By:
Review:
Public Transit&Neighborhood Enhancement Caroline Soto Additional Reviewer Completed
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 11/10/2016 11:31 AM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 11/14/2016 3:19 PM
Grants Kimberly Lingar Level 2 Grants Review Completed 11/16/2016 3:39 PM
Parks&Recreation Barry Williams Additional Reviewer Completed 11/21/2016 5:04 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/05/2016 12:33 PM
County Attorneys Office Scott Teach Additional Reviewer Completed 12/05/2016 4:48 PM
County Attorneys Office Colleen Greene Additional Reviewer Completed 12/06/2016 11:25 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/06/2016 11:59 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/06/2016 1:20 PM
Grants Therese Stanley Additional Reviewer Completed 12/06/2016 3:13 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/06/2016 3:56 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/07/2016 1:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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Financial Project Number(s): a.
(item-segment-phase-sequence) Fund: 010 FLAIR Category: 088774
438849-1-84-01 Function: 215 Object Code: 751000
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Federal Number: N/A Org.Code: 55012020129
Contract Number: G0G64 DUNS Number. 80-939-7102 Vendor No.: F596000558 030
CFDA Number: N/A Agency DUNS No. 076997790 CSFA Number: 55.012
State Transit s?.
Service
CFDA Title: CSFA Title: Development >
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THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day of
,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, cn
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an agency of the State of Florida, ("Department"), and Collier County Board of County Commissioners, 3299 Tamiami
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Trail, Ste. #700 Naples, FL 34112-4977 ("Agency"). The Department and Agency agree that all terms of this Agreement
will be completed on or before December 31, 2020 and this Agreement will expire unless a time extension is provided in m
accordance with Section 16.00.
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WHEREAS,the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, CO
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(5)(e), Florida co
Statutes,to enter into this Agreement.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree z
as follows: w
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1.00 Purpose of Agreement.The purpose of this Agreement is to provide for the Department's participation in
the State Public Transit Service Development Program in Agency's eligible administration,management and operational aa)
expenses to provide a new park-and ride beach circulator service to Delnor-Wiggins and Vanderbilt Beaches,seasonally. This E
will relieve parking demand. The route will connect with three other Collier Area Transit(CAT)routes and LinC(LeeTran/CAT)
long-distance service on U.S.41 in both Collier and Lee Counties
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and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide o
Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
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1.10 Exhibits. A,B,C & D are attached and incorporated into this Agreement.
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2.00 Accomplishment of the Project: a.
2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in aca
sound, economical, and efficient manner,and in accordance with the provisions of this Agreement, and all applicable laws. O
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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 Agency to enter into this Agreement or to c)
undertake the Project, 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. m
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2.30 Funds of the Agency.The Agency shall initiate and prosecute to completion all proceedings necessary, including `—'
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federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. cc)
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2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department o
such data, reports, records, contracts and other documents relating to the Project as the Department may require as ct
listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an c
activity report on a quarterly basis. The activity report will include details of the progress of the Project towards a`a)
completion. m
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3.00 Total Project Cost. The total estimated cost of the Project is 274.500. This amount is based upon the estimate N
summarized in Exhibit"B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in
excess of the total estimated cost of the Project and any deficits involved. 9
4.00 Project Costs Participation and Eligibility:
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4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the M
Project in the amount of$137,250.00 as detailed in Exhibit"B", or in an amount equal to the percentage(s) of total cost
shown in Exhibit"B", whichever is less. o
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4.11 Agency Participation (Non-State Sources). The Agency agrees to minimum participation, includingal
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contingencies, in the Project in the amount of $137,250.00 as detailed in Exhibit "B", or in an amount equal to the d
percentage(s)of the total cost shown in Exhibit"B", whichever is more.
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4.12 Federal Awards. The Agency, a non-federal entity, ❑ is ® is not a recipient of a federal award, as detailed in
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Exhibit"B." m
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4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of c
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this Agreement. It is understood that State participation in eligible Project costs is subject to:
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a) Legislative approval of the Department's appropriation request in the adopted work program year that the .3
Project is scheduled to be committed; ca
b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, o
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contracts or other obligating documents as required by the Department, and all other terms of this •E
Agreement;
c) Department approval of costs in excess of the approved funding or attributable to actions which have not
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received the required approval of the Department and all other terms of this Agreement; E
d) Department approval of the Project scope and budget (Exhibits "A" and "B") at the time appropriation u
_ authority becomes available. asr
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4.30 Front End Funding. Front end funding ❑ is ® is not applicable. If applicable, the Department may initially pay Qa
100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in "'
paragraph 4.10. cra
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5.00 Project Budget and Payment Provisions: a=i
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5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by Q-
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the Agency and approved by the Department.The Agency shall maintain said schedule of funding,carry out the Project, m
and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved o
schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of a,
funding may be revised by execution of a Supplemental Agreement between the Department and the Agency. The
Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's to
contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's m
Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this c
Agreement and is approved by the Department's Comptroller. ee
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5.20 Payment Provisions. Unless otherwise allowed, payment will begin in the year the Project or Project phase is a`a)
scheduled in the work program as of the date of the Agreement. Payment will be made for actual costs incurred as of the m
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 N
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the
Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected,which correction shall a
be made within a time-frame to be specified by the Department.The Agency shall,within sixty(60)days after notice fromco
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the Department, provide the Department with a corrective action plan describing how the Agency will address all issues •
of Agreement non-performance, unacceptable performance,failure to meet the minimum performance levels, deliverable
deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency co
shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be v
applied to the invoice for the then-current billing period. The retainage shall be withheld until the Agency resolves the o
deficiency. If the deficiency is subsequently resolved,the Agency may bill the Department for the retained amount during
the next billing period. If the Agency is unable to resolve the deficiency,the funds retained may be forfeited at the end of o
the Agreement's term. o_
6.00 Accounting Records: c
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6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in m
conformity with requirements established by Department's program guidelines/procedures and"Principles for State and Q
Local Governments", 2 CFR Part 225, 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 `ao„
to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. 72
Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred ca
include the Agency's general accounting records and the Project records, together with supporting documents and a-
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 c
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findings involving the records have been resolved.
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6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. ca
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.
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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 c
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evidencing in proper detail the nature and propriety of the charges. C!.
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6.40 Checks,Orders, and Vouchers.Any check or order drawn by the Agency with respect to any item which is or will a)
be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file 0-
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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 o
be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such m
documents. u
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6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this col
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the o
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or 1Y
State financial assistance or limit the authority of any state agency inspector general,the State of Florida Auditor General, c
or any other state official.The Agency shall comply with all audit and audit reporting requirements as specified below. m
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a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit
Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff o
— 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 t-
when those findings pertain to Federal awards provided through the Department by this Agreement. By a
entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring a>
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, o
State of Florida Chief Financial Officer(CFO) or State of Florida Auditor General. 5
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b) The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F -Audit Requirements, as a Q�`.
subrecipient of a Federal award awarded by the Department through this Agreement is subject to the
following requirements: c
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i. In the event the Agency expends a total amount of Federal awards equal to or in excess of a)
the threshold established by 2 CFR Part 200, Subpart F -Audit Requirements, the Agency Q
must have a Federal single or program-specific audit conducted for such fiscal year in c
accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. Exhibit 2
A,B,C & D to this Agreement provides the required Federal award identification information a
needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F 'u
-Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency co
must consider all sources of Federal awards based on when the activity related to the Federal a_
award occurs, including the Federal award provided through the Department by this E
Agreement. The determination of amounts of Federal awards expended should be in -°°
accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit c
Requirements.An audit conducted by the State of Florida Auditor General in accordance with a)
the provisions of 2 CFR Part 200,Subpart F-Audit Requirements,will meet the requirements c
of this part. as
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ii. In connection with the audit requirements,the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in 2 CFR Part 200, Subpart F-Audit Requirements.
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iii.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, n
Subpart F-Audit Requirements, in Federal awards,the Agency is exempt from Federal audit C'
requirements for that fiscal year. However,the Agency must provide a single audit exemption j
statement to the Department at FDOTSingleAudit(a�dot.state.fl.us no later than nine months 5
after the end of the Agency's audit period for each applicable audit year. In the event the aL
Agency expends less than the threshold established by 2 CFR Part 200, Subpart F -Audit o
Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in m
accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements,the cost o
of the audit must be paid from non-Federal resources (i.e.,the cost of such an audit must be al
paid from the Agency's resources obtained from other than Federal entities). u
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iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at Cl)
https://harvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part mw
200, Subpart F -Audit Requirements, within the earlier of 30 calendar days after receipt of ct
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the auditor's report(s) or nine months after the end of the audit period. The FAC is the _c
repository of record for audits required by 2 CFR Part 200, Subpart F-Audit Requirements. m
However,the Department requires a copy of the audit reporting package also be submitted to m
FDOTSingleAudit(c�dot.state.fl.us within the earlier of 30 calendar days after receipt of the r
auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part civ
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200, Subpart F-Audit Requirements.
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v. Within six months of acceptance of the audit report by the FAC, the Department will review d
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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 co
by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR 01
Part 200, Subpart F-Audit Requirements,the Department may impose additional conditions o
to remedy noncompliance. If the Department determines that noncompliance cannot be z
remedied by imposing additional conditions, the Department may take appropriate actions to c5
enforce compliance,which actions may include but not be limited to the following: o
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1. Temporarily withhold cash payments pending correction of the deficiency by the Agency c
or more severe enforcement action by the Department; m
2. Disallow(deny both use of funds and any applicable matching credit for)all or part of the ai
cost of the activity or action not in compliance; pp
3. Wholly or partly suspend or terminate the Federal award; `t
4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Q
Federal awarding agency regulations (or in the case of the Department, recommend 7.
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such a proceeding be initiated by the Federal awarding agency); '5
5. Withhold further Federal awards for the Project or program;
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6. Take other remedies that may be legally available. n_
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vi. As a condition of receiving this Federal award,the Agency shall permit the Department, or its 5
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 a)
as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved. Y
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vii. The Department's contact information for requirements under this part is as follows: oa
Office of Comptroller, MS 24 L
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinoleAudit(idot.state.fl.us E
2. State Funded m
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a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,monitoring cui
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 CO
Florida Auditor General. co
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b) 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:
i. In the event the Agency meets the audit threshold requirements established by Section
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215.97, Florida Statutes, the Agency must have a State single or project-specific audit M
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
A,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 requirementsa.
of Section 215.97, Florida Statutes. In determining the state financial assistance expended in
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a fiscal year,the Agency shall consider all sources of state financial assistance, including state m
financial assistance received from the Department by this Agreement, other state agencies E
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 a
requirements.
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ii. In connection with the audit requirements, the Agency shall ensure that the audit complies a
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
a.
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General.
iii. 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
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provide a single audit exemption statement to the Department at
FDOTSingleAudit(a?dot.state.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 does not meet the audit
threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and
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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 2
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an audit must be paid from the Agency's resources obtained from other than State entities).
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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 a)
required by this Agreement shall be submitted to: Q-
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Florida Department of Transportation o
Office of Comptroller, MS 24 m
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit�a dot.state.fl.us
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State of Florida Auditor General
Local Government Audits/342 m
111 West Madison Street, Room 401 r
Tallahassee, FL 32399-1450 N
Email: flaudqen Iocalaovti aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required to be
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submitted to the Department shall be submitted timely in accordance with Section 215.97, i--
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable. co
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vi. The Agency, when submitting financial reporting packages to the Department for audits done o
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 m
package was delivered to the Agency in correspondence accompanying the reporting
package.
vii. 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 Q
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
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compliance.
viii. 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.
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3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for nQ
a period of five years from the date the audit report is issued and shall allow the Department, or its designee, c
DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that cLv
the audit working papers are made available to the Department, or its designee, DFS or State of Florida C7
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.
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6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability 171)
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 a)
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.
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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 c
Transportation,District One Public Transportation Office 801 North Broadway Avenue,Bartow,FL., 33901, its requisition m
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.
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7.11 Deliverables. 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. c?
7.12 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for
00
a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as M
established in Exhibit"A." Deliverables must be received and accepted in writing by the Department's Project Manager `s
prior to payments.
7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and
0
accepted in writing by the Department and that the required minimum level of service to be performed based on the a_
criteria for evaluating successful completion as specified in Section 2.00 and Exhibit"A" has been met.
a)
7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section E
112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
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7.15 Property Acquisition. For real property acquired, submit:
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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. G4
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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.
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7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests
for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Y
Agreement, the Department may elect by notice in writing not to make a payment if:
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a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement a
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
b) There is any pending litigation with respect to the performance by the Agency of any of its duties or c�
obligations which may jeopardize or adversely affect the Project,the Agreement,or payments to the Project;
c) 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; >
d) There has been any violation of the conflict of interest provisions contained in this Agreement; o
e) The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement; or
f) 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, m
the Agency will reimburse the Department for all disallowed costs, including any and all federal financial
assistance as detailed in Exhibit"B."
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7.30 Disallowed Costs. In determining the amount of the payment,the Department will exclude all Project costs incurred
by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are °o
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 N
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
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such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting co
amounts shall not be considered a breach of contract by the Department. CP
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8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the
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Project; 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 E
ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement.
a)
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this Section 8,the Agency shall proceed promptly to carry out the actions required in such notice, 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 •o—
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. C
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8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for d
refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119, 2
Florida Statutes.
T.
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. o
10.00 Contracts of the Agency: o
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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 car))
disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If a,
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 7.20(c). The cc
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. m
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants'Competitive Negotiation Act. It is understood and agreed by the parties to this
Agreement that participation by the Department in a project with an Agency, where said project involves a consultant cam,
contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions
of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172,
and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant co
Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes,the Consultants'
Competitive Negotiation Act and the federal Brooks Act. 7.5
0
10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that
o_
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 cEi
CATEGORY TWO per Chapter 287.017, Florida Statutes, is contingent on the Agency complying in full with the
provisions of Chapter 287.057, Florida Statutes.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, Florida Statutes. 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 o_
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 ras
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 7.20(c).
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that
DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of E
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. `a
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The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance
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with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for anda.
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perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, -,,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
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10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction c
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services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to E
be paid from state-appropriated funds,then the Agency must comply with the requirements of Section 255.099(1), Florida ao
Statutes. 1
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11.00 Restrictions, Prohibitions, Controls,and Labor Provisions: al
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11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall not cn
discriminate against any employee or applicant for employment because of race, age,creed, color, sex or national origin. a)
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during o
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 cam
shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in
m
connection with the development or operation of the Project, except contracts for standard commercial supplies or rawcsci
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for N
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 nondiscriminationco
clause.
11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will co
comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the .4-
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant o
thereto. v
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11.30 Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will a
comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and m
age. Ea)
11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
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Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102,et seq.),the regulations of the federal o
government issued thereunder, and the assurance by the Agency pursuant thereto. 9
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11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or 1)
any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or tca
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 •Q
employee's spouse or child, or any combination of them, has a material interest. -'
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a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of E
any business entity.
b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property y
included or planned to be included in the Project,with any person or entity who was represented before the ```
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Agency by any person who at any time during the immediately preceding two (2) years was an officer, a
director or employee of the Agency.
c) 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, 0
or any agreement between the Agency and an agency of state government.
E
11.60 Interest of Members of, or Delegates to, Congress or Legislature. 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 Agreement constitutes a certification by the Agency that the Project m
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. aRi
12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any
party other than the Agency. N
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 Severability. 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.
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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. E
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12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance tc)
Q
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 Q.
•
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. E
.3
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.
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12.80 Disposal of Project Facilities or Equipment. If the Agency disposes of any Project facility or equipment during a
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 0
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment m
as provided in this Agreement. The Agency must remit said proportional amount to the Department within one (1) year E
after the official date of disposal. ao
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12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify, o
defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, a)
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 to
this paragraph for any claim,loss,damage,cost,charge,or expense arising out of any act,error,omission, or negligent act m
by the Department or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this c
Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by m
Section 768.28, Florida Statutes. =
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When the Department receives a notice of claim for damages that may have been caused by the Agency in the m
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 N
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 o
Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claimco
,..I....,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 co
trial.
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13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the
15
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, d
specifications, construction contract documents, and any and all other engineering, construction, and contractual Y
documents produced by the Engineer, hereinafter collectively referred to as"plans', the Agency will certify that: c
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a) All plans comply with federal, state, and professional standards as well as minimum standards established E
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by the Department as applicable; �'
b) The plans were developed in accordance with sound engineering and design principles, and with generally c
accepted professional standards; c
c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and "B" of this Agreement o
as well as the Scope of Services; and o.
d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations. 03
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iNotwithstanding the provisions of this paragraph,the Agency, u on request by the Department, shall provide plans and
specifications to the Department for review and approvals.
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14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, E
that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, c
that adequate title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose. i
15.00 Appropriation of Funds:
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d
15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Departments funding for this Project is in multiple
fiscal years, funds approval from the Departments Comptroller must be received each fiscal year prior to costs being C7
incurred. See Exhibit"B"for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible m
for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, E
when funds are available.
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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 o
than one (1) year,the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: a)
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any m
va
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as 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 re
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 and
which have a term for a period of more than 1 year."
0
16.00 Expiration of Agreement. The Agency agrees to complete the Project on or before December 31, 2020. 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 Department prior to expiration of this Agreement.
Expiration of this Agreement will be considered termination of the Project and the procedure established in Section 8.00 M
of this Agreement shall be initiated. The cost of any work performed after the expiration date of this Agreement will not
be reimbursed by the Department.
16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after
•o
the expiration of this Agreement.
17.00 Agreement Format. All words used in this Agreement 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. a)
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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. E-
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19.00 Restrictions on Lobbying: f4
19.10 Federal. The Agency agrees that no federally-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 E
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal
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contract, grant, loan or cooperative agreement.
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If any funds other than federally-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 Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 0
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The Agency shall require that the language of this section be included in the award documents for all sub-awards at all P
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tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all o
sub-recipients shall certify and disclose accordingly. 1.1
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19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial a)
branch or a state agency.
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20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following a)
time frames: o
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a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measuredo
from the latter of the date the invoice is received or the date the goods or services are received, inspected, and m
approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt m
of a complete and accurate invoice. CD
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b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to
Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. o
The 40 days are measured from the latter of the date the invoice is received or the date the goods or services
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are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless
the Agency requests payment. Invoices that have to be returned to the Agency because of Agency preparation N
errors will result in a delay in the payment. The invoice payment requirements do not start until a properly M
completed invoice is provided to the Department. A Vendor Ombudsman has been established within DFS.The 'ci-
duties of this individual include acting as an advocate for Agencies who may be experiencing problems in o
obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413- 5
5516. a:o
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21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the y
Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract m
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entered into pursuant to this Agreement:
a)
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a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public Q
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not o
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 a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not 5
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the ,
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convicted vendor list. 6
b) In accordance with Section 287,134, Florida Statutes, an entity or affiliate who has been placed on the w
discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public E
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building E
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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.
( 3
1
Packet Pg. 1913
16.D.26.a
PUBLIC TRANSPORTATION 725-030-06
PUBLIC
JOINT PARTICIPATION AGREEMENT TRANSPORTATION
OGC—06!2016
Page 16 of 17
c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
a.
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Agency.
d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,subcontract
or arrangement in connection with the Project or any property included or planned to be included in the m
Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) E
years thereafter has any interest,direct or indirect. If any such present or former member,officer or employee
involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest Tll
is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the o
prohibition contained in this paragraph provided that any such present member, officer or employee shall m
not participate in any action by the Agency or the locality relating to such contract, subcontract or
arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any
property included or planned to be included in any Project, and shall require its contractors to insert in each y
of their subcontracts,the following provision:
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"No member,officer or employee of the Agency or of the locality during his tenure or for 2 years ce
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal m
depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency. N
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23.00 Employment Eligibility (Using E-Verify).Agency/Vendors/Contractors:
a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility °3
of all new employees hired by the Agency during the term of the Agreement; and
b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant co
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to the Agreement 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 contractor or subcontractor during the
Agreement term. z
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24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to
incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. c_
25.00 Maintenance of Project.The Agency agrees to maintain any project not on the State Highway System constructed
under this Agreement. m
26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the
Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and
without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number
will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract a
Tracking System (FACTS).
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16.D.26.a
PUBLIC TRANSPORTATION 725.03LIC
JOINT PARTICIPATION AGREEMENT TRANSPORTATION
OGC—06/2016
Page 17of17
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written. rEt°
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AGENCY DEPARTMENT Q.
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Collier County Board of County Commissioners
AGENCY NAME DEPARTMENT OF TRANSPORTATION ti
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Chris Smith d
SIGNATORY(PRINTED OR TYPED) TITLE Director of Transportation Development
SIGNATURE LEGAL REVIEW,DEPARTMENT OF TRANSPORTATION CO
See attached Encumbrance Form for date of
TITLE Funding Approval by Comptroller CNI
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16.D.26.a
Collier County
Financial Project Number: 438849-1-84-01
Contract Number: a.
Public Transit Service Development Program
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
d
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board of Commissioners, 3299 Tamiami Trail, Ste. #700 721
Naples, FL 34112-4977, dated referenced by the above Financial Project Number. o
CD
PROJECT LOCATION: Collier County, Florida �y
a)
PROJECT DESCRIPTION: The purpose of the Agreement is to provide for the Department's participation
through the State Public Transit Service Development Program in the Agency's eligible administration, ea
management, and operational expenses to provide a new park-and-ride beach circulator service to Delnor- m
Wiggins and Vanderbilt Beaches, seasonaly. It will operate along segments of Immokalee Road and Vanderbilt
Drive not served by fixed Route This will relieve parking demand. The route will connect with three other
Collier Area Transit (CAT) routes and LinC (LeetTran/CAT) long-distance service on U.S. 41 in both Collier 0,1
and Lee Counties.
C
SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.62 of the
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Agreement shall include a schedule of project assistance that will reflect the Department's contract number, co
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. 7.5
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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 a,
budget of the Agreement.
If applicable, the eligible project period identified herein, may be extended by letter from the Department upon Q
a written request from the Agency. :U
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.
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Exhibit A,Page 1 of 1
Packet Pg. 1916
16.D.26.a
Collier County
Financial Project Number: 438849-1-84-01
Contract Number:
Public Transit Service Development Program
EXHIBIT "B"
PROJECT BUDGET E.
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, o
Department of Transportation and Collier County Board of Commissioners, 3299 Tamiami Trail, Ste. #700
Naples, FL 34112-4977 , dated referenced by the above Financial Project Number.
Project Estimated and Programmed Budget:
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The Department has programmed the funding amounts shown below in the most currently adopted Work a)
Program. Availability of any funds is subject to legislative approval.
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FY 16/17 a)
Local Funding (LF) 50% $137,250.00
State Funding(DPTO) 50% $137,250.00 N
Total $274,500.00
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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 (5)(e), F.S. °'
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Exhibit B,Page 1 of 1
Packet Pg. 1917
16.D.26.a
Collier County
Financial Project Number: 438849-1-84-01
Contract Number:
Public Transit Service Development Program
EXHIBIT "C" a.
(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 of Commissioners, 3299 Tamiami Trail, Ste. #700 a)
Naples, FL 34112-4977 dated referenced by the above Financial Project Numbers.
-11
REF: Section 341.051(5)(e) F.S. o
a)
Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes
and the requirement of Paragraph 22.00 of this Agreement:
a>
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 m
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 .d•
inform the Agency within five(5)working days of receipt and return the invoice for corrections. o
Mark the required Safety submittal or provisions for this agreement if applicable. z°
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Safety Requirements o
® 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 a,
all buses operated.
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 'v
compliance with its System Safety Program Plan, pursuant to Rule 14-15.017,Florida Administrative
Code. c.
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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 E
submit a certification to the Department that the system is safe for passenger service.
C.L),r
Exhibit C,Page 1 of 2
Packet Pg. 1918
16.D.26.a
Collier County
Financial Project Number: 438849-1-84-01
Contract Number:
Public Transit Service Development Program
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 10.10 except that, when checked
below, written approval is hereby granted for: E
E 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental
contract. o
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E 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
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receive concurrence prior to award. d
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E 3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent cc
(25%) change in total dollar amounts from one year to the next.
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E 4. Purchase of service contracts where the Agency will provide transportation service for a fee.
CIDN
Required Submittals
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SUBMITTAL/CERTIFICATION RESPONSIBILITYco
E Procurement Requests Agency
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E Safety Compliance Agency
17 Specifications Agency a
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E Invoices Agency
E Audit Reports Agency Annually During
Life of Project
E Project Progress Reports Agency Annually During
(In Department approved format) Life of Project o
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Exhibit C,Page 2 of 2
Packet,Pg.1919
1i:D.26.a
Collier County
�., Financial Project Number: 438849-1-84-01
Contract Number:
Public Transit Service Development Program a
EXHIBIT D
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This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, a
Department of Transportation and Collier County Board of Commissioners, 3299 Tamiami Trail, Ste. #700 —a,
Naples, FL 34112-4977 dated referenced by the above Financial Project Numbers. o
a,
STATE FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT)
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THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE c°
FOLLOWING:
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SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
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Awarding Florida Department of Transportation c
Agency: 9
.-� State Project PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM a?
Title: ch
CSFA Number: 55.012 co
*Award Amount: $ 137,250.00 `t
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*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.012 is provided at: 0
https://apps.fidfs.coin/fsaaisearchCatalog.aspx
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(1)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT Q
TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.012 are provided at: •-'
https:%/apps.fldfs.com-fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
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Exhibit D,Page 1 of 1
Packet Pg. 1920
16.D.26.b
Page 1 of 2
Financial Project Number:43889-1-84-01
Original Contract
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 n.
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. a.
d
(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 c.)
contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standardcn
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 tY
Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 U.S.C. 1601,et seq.)]
(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. c",
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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 d
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. c'
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails o
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
.a
than$10,000 and not more than $100,000 for each such expenditure or failure.] m
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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.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
Packet Pg. 1921
16.D.26.c
RESOLUTION NO.2016-
A RESOLUTION BY I E BOARD OF COUNTY COMNIISSIONERS 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 $137,250 AS PART OF THE STATE PUBLIC TRANSIT SERVICE a
DEVELOPMENT PROGRAM,PROJECT NO. 438849-1-84-01. -�
WHEREAS, at its regular meeting on December 13, 2016, 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
development and implementation of a new seasonal route to provide access to the attractors such as North
CD
Collier Regional Park and the Children's Museum of Naples, Connor Park, Bluebill Beach Access and
Vanderbilt Beach by the Collier Area Transit System,Project No.438849-1-84-01 ("Project"); and
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WHEREAS,the FDOT has agreed to contribute up to$137,250 to Collier County for the Project
under this JPA,with a matching contribution by Collier County of$137,250;and
WHEREAS,the FDOT requires the Board to provide a resolution memorializing and confirming
the Board's aforementioned affirmative vote to approve the WA and authorizing its Chairman to execute m
the Agreement;and ••
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WHEREAS,it is in the public interest that the parties enter into the JPA. N
C,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: co
1. On December 13, 2016, 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. o
a.
2. The County's Public Services Department Head, Steve Carrell, is authorized to execute FDOT's
Standard Lobbying Certification Form associated with this Joint Participation Agreement Project.
0
3. 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 15t day of December,
2016.
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Page 1 of 2
Packet Pg. 1922
I6.D.26.c'
A 11'EST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
a
By By
Deputy Clerk Donna Fiala,Chairman
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Approved as to form legality:
a)
Scott R.Teach
Deputy County Attorney
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Packet Pg. 1923
16.D.26.d
VEHICLE LEASE AGREEMENT
Made this 13th day of December 2016 by and between Dolphin Transportation
Specialists, 3963 Progress Ave, Naples, FL 34104 ("Lessor") and Collier County, Florida,
3299 Tamiami Trail East, Naples, FL 32112 ("Lessee").
1. EQUIPMENT Lessor hereby leases to Lessee the following vehicle(s), in accordance a
with the terms and conditions of this Agreement:
Vehicle Type: Startans Trolley
VIN#: 4UZ62FAAlYCG01926
2. TERM This Lease shall commence January 28, 2017 and shall end June 3, 2017. E
a
3. LEASE RATES Lessee shall pay to Lessor the sum of$2,800 per month per trolley,
based on a valid and proper invoice received. Payment shall be made in compliance with
Florida's Prompt Payment Act, § 218.73, Florida Statutes. Payments shall be made to
Lessor, Dolphin Transportation Specialists, 3963 Progress Ave, Naples, FL.
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4. DELIVERY AND TRANSPORTATION It is agreed by parties hereto that z
equipment described above will be delivered to the offices of the Lessor, located at 8300
Radio Road, Naples, Florida, or a location of mutual convenience, and will be released to
Lessee at that location, on a mutually agreed date on or before January 28, 2017. Upon the
expiration of the lease, the vehicle(s) will be returned to Lessor's facility at Lessee's
expense, within ten (10) days or be liable for additional rent prorated on a daily basis. N
5. WARRANTY AND EXCLUSION OF WARRANTY The only warranty (other than
a warranty of description of the vehicle(s) and a warranty against interference with Lessee
under the Lease) covering the vehicle(s) is any standard manufacturer's express warranty. d
Lessor agrees that Lessee may receive, to the extent of Lessee's interest under this Lease, the a
benefit of any manufacturer's express warranty that covers the vehicle(s). Lessee must abide N
by the restrictions and limitations of duration and remedy of any such warranty.
LESSOR IS NOT OFFERING ANY EXPRESSED OR IMPLIED WARRANTIES
WITH RESPECT TO THE VEHICLE(S). In particular, Lessor makes no implied warranty of
mechanical ability and there is no warranty that the vehicle(s) will be fit for a particular >
purpose.
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6. RISK OF LOSS AND INSURANCE Lessor acknowledges that the Lessee will
assign the vehicle to its contracted Collier Area Transit ("CAT") vendor, MV Contract
Transportation, Inc., and MV Contract Transportation, Inc. will insure the vehicle pursuant
to its contract with the County and provide documentation in support once vehicle is
received. (Exhibit "A" Contract with MV Contract Transportation, Inc. dated November
11, 2015.)
CAO
[05-COA-01260/1306868/1]
Packet Pg. 1924
16.D.26.d
7. MAINTENANCE, REPAIRS AND OPERATING EXPENSES Lessee agrees to
maintain and repair the vehicle(s) to keep it in good working order and condition and further
agrees to pay for or cover all maintenance, repair and operating expenses. Lessee shall
perform DAILY fluid checks and DOT inspections of the vehicle(s). If Lessee does not
maintain or repair the vehicle(s) or pay all operating expenses as this Lease requires, Lessor
may do so and add the cost to Lessee's obligation under this Lease. Lessee shall also be
responsible for any "Excess Wear," as defined herein. All such amounts due under this a
paragraph shall be payable upon receipt of valid invoice in compliance with Florida Prompt
Payment Act. to
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Lessee shall have the responsibility for registering and licensing the trolley for use in
the state of Florida and any sales, use or similar tax due under state law, if any. Such
registration and licenses will cease and will be returned to Lessee at the termination of this
lease. d
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8. EXCESS WEAR DEFINED For the purposes of the Lease, "Excess Wear" includes: Z
(a) any tire with less than 35% of tread depth remaining at the shallowest point; (b) any tire
that does not match other tires on the same axle; (c) any front tire that is a recap; (d) any rear a;
tire that is not of the size recommended by the vehicle manufacturer; (e) damaged or rustedce
sheet metal or doors if the repair cost exceeds $250.00; (f) structural damage to body
attached to or made a part of the vehicle; (g) cracked, shattered, or broken glass; (h) an -.
engine, transmission, or power train that does not function properly, taking into account its
age and usage (major repairs will be prorated based upon a 250,000 mile life); (i) cracked or
patched block or cylinder heads;j) excessive oil leaks or oil pressure that does not meet the N
manufacturer's specification for a vehicle of comparable age and usage; (k) cracked gearCD
train housing; (I) slipping or grabbing clutch; (m) cracked frames or cross members; (n)
cracked brake drums (other than surface cracks) or brake linings that do not meet ICC safety
standards; (o) springs with broken leaves; (p) batteries with dead cells or cracked cases or Q
that are unsound by industry standards; (q) wiring, instruments, and the like that are not in
good working condition; (r) damage or other condition that makes the vehicle unsafe or
unlawful to operate or would cause the vehicle to fail DOT safety inspection tests in the state a)
where titled; and (s) any other damage whether or not covered by insurance.
>
To the extent there is no excess wear as defined above, and absence negligence on the part of
the Lessee, engine, transmission, rear-end repairs or replacement will be shared 50% / 50% E
parts and labor by both the Lessee and Lessor.
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9. ASSIGNMENT. Lessee is specifically authorized and will assign the VEHICLE to
its vendor, MV Contract Transportation, Inc., to operate the vehicle in compliance with the
County's contract its vendor. (See Exhibit"A")
10. INDEMNIFICATION LESSOR To the maximum extent permitted by Florida law, the
Lessor shall indemnify and hold harmless Collier County, Lessee, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
[05-C0A-01260!1306868/1] E
.
Packet Pg. 1925
16.D.26.d
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Lessor, any statutory or regulatory violations, or from personal injury, property
damage, direct or consequential damages, or economic loss, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Lessor or anyone employed or
utilized by the Lessor in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
a.This section does not pertain to any incident arising from the sole negligence of Collier County,
Lessee.
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10.1 The duty to defend under this Article 10 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Lessor, County a
and any indemnified party. The duty to defend arises immediately upon presentation of a claim by o
any party and written notice of such claim being provided to Lessor. Lessor's obligation to
indemnify and defend under this Article 10 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or an
indemnified party for the matter indemnified hereunder is fully and finally barred by the
applicable statute of limitations. (I)
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11. DEFAULT. In the event of a default by Lessee under the terms of this Lease, Lessor ce
shall be entitled to collect from Lessee all costs associated with obtaining possession of the
--. vehicle(s) and all outstanding amounts due under the terms of this Lease.
12. GOVERNING LAW This agreement shall be governed by and construed in N
accordance with the laws of the State of Florida with venue in Collier County or the Middle
District of Florida. The parties hereto warrant and represent that the signatories noted below
have full power, right and authority to bind legally their respective companies and that any
and all cooperate actions necessary to effectuate this lease agreement have been properly and
officially undertaken and completed prior to execution of this agreement.
13. Lessee acknowledges that it has inspected the vehicle and is leasing the vehicle in an
as is condition and Lessor makes no representations as to any warrantee of this vehicle.
14. PUBLIC RECORDS COMPLIANCE By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to comply,
at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules,
regulations and requirements applicable to this Agreement, including but not limited to those
as
dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended; taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
[05-COA-01260/1 3 0686 8/1 j
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Packet Pg. 1926
16.D.26,d'
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples,FL 34112-5746
Telephone: (239) 252-8383
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The Contractor must specifically comply with the Florida Public Records Law to: cts
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1. Keep and maintain public records required by the public agency to perform the
service. E
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be >
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for co
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public records co—�
required by the public agency to perform the service. If the Contractor transfers
all public records to the public agency upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, E
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is a)
compatible with the information technology systems of the public agency.
CU
J
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly °;
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to unilaterally >
terminate this agreement immediately.
15. Public Entity Crime. By its execution of this Agreement, the Lessor acknowledges to
comply with the terms of Section 287.133 of the Florida Statutes and inform the County of the
conviction of a public entity crime.
16. Termination for Convenience. The County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
C.4(
[05-00A-01260/1306868/1]
Packet Pg.1927
16.D.26.d
In the event that the Agreement is terminated, Contractor's recovery against the County shall be
limited to that portion of the Agreement Amount earned through the date of termination. The
Contractor shall not be entitled to any other or further recovery against the County, including,
but not limited to, any damages or any anticipated profit on portions of the services not
performed or materials not provided.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the
day of December, 2016.
cD
ATTEST: BOARD OF COUNTY
COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA '1'` o
a,
>
a,
By. By:
Deputy Clerk DONNA FIALA, CHAIRMAN
a)U)
d
Approved as to form and legality:
f6
m
(4\
olleen M. Greene
Assistant County Attorney
a)
ATTEST: LESSOR: Dolphin Transportation Specialist
a)
fa
By: Co\.(\Ct , Pc/f
First Wi.+ss Pcse
Title: St ^ `,
f \\a�
1 j'.
Typed/print witness name Signature
ATTEST:
—4_ C24-4
Second Witness
'uSa/\)c3 OTD
Typed/print witness name
105-COA-01260/1 30686 8/1] Fo)
Packet Pg. 1928
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