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Agenda 06/23/2015 Item #16D 36/23/2015 16.D.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached time extension to Contract Number AQQ85, Joint Participation Agreement with Florida Department of Transportation under the State Transit Service Development Program, to provide funding to make necessary improvements to bus stops in accordance with The Americans with Disabilities Act. OBJECTIVE: To improve bus stops within the Public Transportation System to make them compliant with the ADA. CONSIDERATION: The State of Florida Department of Transportation has taken on several initiatives to improve the provision of public transportation specifically as it relates to the ADA for accessibility and compliance improvements at bus stops. On December 11, 2012, the Board approved an agreement in the amount of $237,919, with a local match of $59,479.75 for design and construction of improvements to bring existing bus stops up to ADA compliance on the state highway system. The existing agreement will expire on December 31, 2015. Prior to beginning design of the improvements, an assessment of all bus stops was necessary. This assessment was completed and adopted by the Board on November 18, 2014. Due to the length of time required to complete the ADA assessment, the grant funding has not been utilized. Collier County requested an extension of the grant to December 31, 2016. Collier County's existing fixed term contract, 13 -6164 Professional Services for Engineers and Architects, is being utilized for design services. Design of the improvements should be completed by December 31, 2015. Construction should begin in the spring of 2016 and be completed by December 31, 2016. FISCAL IMPACT: The funding for this joint participation agreement has been previously appropriated within Transit Grant Funds (424/425), Project 33244. No additional impact is anticipated. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: This item will not have a Growth Management impact. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached extension to Joint Participation Agreement Contract Number AQQ85 with the Florida Department of Transportation to December 31. 2016. Prepared by: Brandy Otero. Associate Project Manager. Public Transit & Neighborhood Enhancement Attachments: (1) Joint Participation Agreement (JPA) extension; (2) Extension request letter; (3) Existing JPA Packet Page =1439- 6/23/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 3. Item Summary: Recommendation to approve and authorize the Chairman to execute the attached time extension to Contract Number AQQ85, Joint Participation Agreement with Florida Department of Transportation under the State Transit Service Development Program, to provide funding to make necessary improvements to bus stops in accordance with The Americans with Disabilities Act. Meeting Date: 6/23/2015 Prepared By Name: OteroBrandy Title: Project Manager, Associate, Public Services Department 5/21/2015 10:12:25 AM Submitted by Title: Project Manager. Associate, Public Services Department Name: OteroBrandy 5/21/2015 10:12:26 AM Approved By Name: SotoCaroline Title: Management/Budget Analyst, Public Services Department Date: 5/22/2015 4:26:34 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 5/26/2015 3:08:27 PM Name: ArnoldMichelle Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department Date: 5/27/2015 12:14:09 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Packet Page -1440- Date: 5/27/2015 1:40:33 PM Name: OberrathKaren 6/23/2015 16.D.3. Title: Accountant, Senior, Grants Management Office Date: 6/2/2015 12:28:31 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 6/2/2015 2:52:37 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/2/2015 4:06:53 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 6/9/2015 10:09:59 AM Name: Casa] anguidaNi ck Title: Deputy County Manager, County Managers Office Date: 6/12/2015 10:19:37 AM Packet Page -1441- 6/23/2015 16.D.3. Centennial - ,. t� t: 1' '= 197.5 2015 Florida Department of Transportation RICK SCOTT 801 North Broadway JIM BOXOLD GOVERNOR Bartow, FL 33830 SECRETARY DATE: April 27, 2015 TO: Brandy Otero, Associate Project Manager FROM: Paul A. Simmons, District Modal Development Administrator SUBJECT: EXTENSION OF TIME — JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 432836- 1 -94 -01 CONTRACT NO.: AQQ85 COUNTY: COLLIER PROJECT DESCRIPTION: Collier County Service Development for ADA Bus Stop improvements. The time allotted for the completion of services on subject agreement dated January 11, 2013 and any supplementals thereto will expire on 12 -31 -2015. In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. Please complete, sign, date and return this form to me. It is requested that the Joint Participation Agreement for the subject project be extended until 12 -31 -2016. The reason for the Time Extension request must be included in a letter to the Department from the Director/ Nlanager /CEO of the organization. A detailed summary of the reason for the Time Extension and a schedule for completing the project must be included. Time Extensions Fvill not be granted for billing purposes if the project is complete. AGENCY SI(j? \TORY (PRINT-ED OR TYPED) ^.L)1,11NISTR ,T,)R S1G ^ +A7 URI RECOMMEND FOR APPRO'V'AL: DISTRICT MODAL DEVELOPMtEI <T APPIZON'Fl): T1TLE, DISTRICT SEC1,rLT.ARY OR DFSIGNFE Date: Date: ATTEST DW1 - iT ; -P CK, CO LIERK Packet Page -1442- Approved as to dorm a-hd legality F Scots" R. Tcacli, 6puty County Attorney cc: Accounting, MS 1 -68 Packet Page -1443- 6/23/2015 16.D.3. 6/23/2015 16.D.3. F ier Public Services Dezpartmemt Public Transit & Neighorbhood Enhancement Division April 24, 2015 Ms. Debra Stephens Florida Department of Transportation District One 801 N. Broadway Street Bartow, Florida 33830 -3809 Re: Request for Extension State Discretionary Transit Service Development Program Contract Number: AQQ85/ FPN: 432836- 1 -94 -01 Dear Ms. Stephens, Collier County is respectfully requesting an extension to Contract No. AQQ85 in order to complete American's with Disabilities Act (ADA) improvements along the state highway system. This project will improve bus stops along the state highway system by bringing them into compliance with the ADA. The current grant agreement expires on December 31, 2015. Prior to beginning design of the improvements, an assessment of all bus stops was necessary. This assessment was completed and adopted by the Collier County Board of County Commissioners on November 18, 2014. In order to achieve transparency in procurement, staff conducted a solicitation on November 19, 2014. Collier County sent a request for proposals to 14 design consultants in accordance with the Collier County contract 4 13 -6164. On January 23, 2015, a selection committee by consensus, ranked CH2MHil1 as the top firm. Staff completed negotiations with CH2MHil1 on March 31, 2015. Due to the length of time required to complete the ADA assessment, the grant funding has not been utilized. Collier County would like to request an extension of the grant to December 31, 2016. Design is expected to begin within the next two weeks and should be completed by December 31, 2015. Construction should begin in the spring of 2016 and be completed by December 31, 2016. An invoice for partial design services will be submitted prior to end of the County fiscal year, September 30"'. This should allow sufficient time to design and construct the necessary improvements. If the extension is not granted, the bus stops will not be brought into compliance with the ADA. N e look forward to your earliest review. Please do not hesitate to contact me should you require additional information. ,1z2 f Lt. k v:,. i'Pfl', .J- `'' Packet Page - 1444 �� Sincerelv, �,,... Brandy Otero : Associate Project Manger 6/23/2015 16.D.3. CC: Trinity Scott, Transit Manager, Public Transit & Neighborhood Enhancement Karen Oberrath, Senior Accountant, Grants Management Office Packet Page -1445- 6/23/201516.D.3. Florida Department of Transportation RICK SCOTT SO North I3roadwm Al enue kNANritPRAS,00.P.E. GONTIU O R thrlo%c, Fl«t'ida SCCRC'rARN January 11. 2013 MS. 'Michelle Edwards- Arnold. Director Collier County Alternative Modes Department Growth %ManaLement Division 2885 South horseshoe Drive Naples. Florida 34104 RIB: Niew Nlulti- Ycar,Joint Participation agreement for the I ?epartment's Fiscal Year 2012/2013 State Discretionan• 'Transit Sen -ice Development Program Financial 1'roject Number: 432836- 1 -94 -01 / Contract Number: AQQ85 Dear Ms. Edwards- Arnold: Fnclosed please find the new hilly- exccutcd original Iviulti- }'ear .Ioint Participation Agreement 011A) providing Funding Im the Departments Fiscal Year 2012/2013 State Discretionary "transit Service Development Prouram. Please always reference the Financial Project Number and Contract NUT111%er identified /trove when callim -, or vvritinu ,(bout this project. I :Inn enclosinu an ]nt ;rntattc}I111 ioctillent :'11t1lit:d ­.11'A RLLlUIrelli ill; 10 ZISi,ist \'011 lii tai: administration of the Aureemt -,nt. `ldhcrcnce to these t\111 1111n111lize ant potenti111 problem areas. 1Ve look forward to working with you to carry out the tIrms of this Aure.ement. If you have .inv- questions, Please contact MS. Julia B. Davis. Transit l'r��alerts Cotnrclinatcar. rIt ?3��- C�;C� -7�� 1 <�r at julia.davis "cdot.state. fl. us. `+irli:etti�•. r f .11111a B. Davis..AIC1, t, Transit Projects Coordinator L11CIOSL1res LIC: Richard P. 511111:. Transit Pro--nims Adin III istrito1% I'DOT Packet Page -1446- 6/23/2015 16.D.3. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER CONTRACT STATUS CHANGE /CHECKLIST o,ICe STATE COMPTROLLER USE: Info Provider: SHERRY SPIVEY Received date: Return to: BONNIE LEWIS Approved date: Mail Station: 1 -68 Approved by: Phone # of Info Provider: 863 - 519 -2385 CONTRACT NUMBER: A0085 SITEIDISTRICT: ONE Total Executed Contract Amount: $ 237.919.00 / $ 237.919.00 To date Th;c —1;— Status Code (choose one) ® 10 = Executed Contract ❑ 4X or 6X = Audit Status (Indicate Year) ❑ 20 = In Claims ❑ 99 = Post Design Service ❑ 50 = Complete/Terminated Contract ® Original Contract ❑ Amendment (Indicate #) ❑ Renewal ❑ Addition (Indicate #) — ❑ Award ❑ Supplemental (Indicate #) ❑ Letter of Authorization (Indicate #) ❑ Time Extension ❑ Close Contract ❑ Other Changes (must include comments) LETTING DATE: AWARD DATE: DATE OF CONTRACT EXECUTION (Last Signed Date): 1/11/2013 If last date signed > contract start date you must submit emergency certification (287.059 F.S. (2) 1) or Certificate of noncompliance (287.059 F.S. (2)) or settlement document (CM4(87 -88) or CM11 (91 -92)). CONTRACT BEGINNING DATE: 1!11/2013 SERVICES BEGINNING DATE: ENDING DATE: 12/31/2015 SERVICES ENDING DATE: VENDOR NAME: COLLIER COUNTY BOCC VENDOR NUMBER (FEID /SS): F596000558004 PROJECT NUMBER: 432836- 1 -94 -01 PROJECT NUMBER: PROJECT NUMBER: PROJECT NUMBER: CAN THIS CONTRACT BE RENEWED? ❑ YES ® NO SERVICE TYPE: 088774 PAGE NUMBER RENEWAL CLAUSE IN CONTRACT: NIA Comments: STATE DISCRETIONARY TRANSIT SERVICE DEVELOPMENT PROGRAM 2012/13 Certification Statement: I certify that the above information is correct and a true reflection of information contained in the above referenced contract. Approved by: (Printed or typed) KASMIN WILLIAMS Title: FINANCIAL SERVICES SPECIALIST Approval Signature: Approval Date: Packet Page -1447- 6/23C2015 16.Fl.3. c+`a"�r�-``'�� PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this _�/_�^'day of bEt:een the STATE DF FLORIDA DEPARTMENT OF TRANSPORTATION, unogencyo( n< Florida. hereinafter --fenedmasUna Department, and Collier Count,,, Board ol Countv Commissioners 3299 East Tamj2mi Trail Nnol�-s FIowda_3£lIZheemafierreferred\oaoAgency The Department and Agency agree that ail terms of this Agrssment:0 be completed on or before December 31 2015 and \hsAgraament %vi||expire unless a time extension is provioe--J in accordance v,,ilh Section 18.00 V1 |TNE3SETH� V8HEREAS, the Agency has the authority to enter into said Agreement and to undertalra tne project herein-after cissczlbau, and the Department has been aranted the authority to function adequately in all areas of appvzpsstaiuhsdictionmc!uomg /mp|amaruauon of aninegra-edand balanced transportation system and is au\hooz-�-dunder HiDVVTM ERE FO RE, in con side, at! nc�1hemutual cove nsnts prom ssssnd/epnysentat ionshe se in,Mnepamesag,ee- as 1.00 Purpose ofAgreement: Thepu/posecJmaAgeensyns1np"ov'je������epanmen/spa�/c.��s'on brougk S�a�a DisceonnaryTr�nsi' Service Devebpmeru Proo�am funds, m CoUiorCou�Ly's ai/g/b|e caps�|ex�enses ,o, me4mercsns�uh D!aabUAiesAc (ADA�p�a�dacces��|iyandcomp\/snce/mp��smerus at bus s�ps on !he 5��e �ighway System located in Collier County's service area -and as further described in Exhibit(s) £�E Q_ald E)suscheo hereto and by 'this reference made a part hereof, hereinafter referred to as the project, and to provide Depart-nenial financial assistance *3 the Acency and sae the ternis am-i conjitions upon vnizh sucr, Pss;stance ,;,I! be pmvi;edl ar.,l m�unders�an±ng-z asto the mennerin po4a�t .%'i||beundenai,enangcomp�eed 2.00 Ac:omp|ishmargof the Project 210 General ReqUirements: The Agency shall conime-lice, and connole"re- the proiect as dies--f ibed in Exhibit "A' a1zcxad herietln and by this /c{*rence mace s part hereof In/a�greameni %%,.th all pracx--s| dapocn m a scun:! sn� ehicen�manner and in acoo/dancewn��ns Emns�nz n�r�m� and sUspp(icab|� |ors zzo Porcuaotto Fodom/, stau`. and Local nn,,, n:u�s or ���rpo��eedmg cx su* honza\/on is /squ/m|; 'a�a o, 1oun�on�kom�c��eo�*revn�er ortoorsar/a�asa:maorc�rryo�o�n;�|�hscrons/onso��ns meAgen�ypiU imbae andconaumma�e� as nmv'ced by|aw� aU ac\mns nec�s�x,��nkrespa���o any ovc, 2,30 Funds of the Agency; The Agency shall initiate and pmoecmev000mplsuon ail mo--ee�nAonecessary mc!u�/ng���era}si�rsq�remamsto�nao|e{ha Agency \oprzddemenacessary funds for compieioncd the p,�e�/ Packet Page -1448- Functiom 631 Object Code , 43283619401 Federal Number. Org, Code: 5501202012-9 DUNS Number: 076997790 Vendor No � F596000556004 Contract Number, A0085 THIS AGREEMENT, made and entered into this _�/_�^'day of bEt:een the STATE DF FLORIDA DEPARTMENT OF TRANSPORTATION, unogencyo( n< Florida. hereinafter --fenedmasUna Department, and Collier Count,,, Board ol Countv Commissioners 3299 East Tamj2mi Trail Nnol�-s FIowda_3£lIZheemafierreferred\oaoAgency The Department and Agency agree that ail terms of this Agrssment:0 be completed on or before December 31 2015 and \hsAgraament %vi||expire unless a time extension is provioe--J in accordance v,,ilh Section 18.00 V1 |TNE3SETH� V8HEREAS, the Agency has the authority to enter into said Agreement and to undertalra tne project herein-after cissczlbau, and the Department has been aranted the authority to function adequately in all areas of appvzpsstaiuhsdictionmc!uomg /mp|amaruauon of aninegra-edand balanced transportation system and is au\hooz-�-dunder HiDVVTM ERE FO RE, in con side, at! nc�1hemutual cove nsnts prom ssssnd/epnysentat ionshe se in,Mnepamesag,ee- as 1.00 Purpose ofAgreement: Thepu/posecJmaAgeensyns1np"ov'je������epanmen/spa�/c.��s'on brougk S�a�a DisceonnaryTr�nsi' Service Devebpmeru Proo�am funds, m CoUiorCou�Ly's ai/g/b|e caps�|ex�enses ,o, me4mercsns�uh D!aabUAiesAc (ADA�p�a�dacces��|iyandcomp\/snce/mp��smerus at bus s�ps on !he 5��e �ighway System located in Collier County's service area -and as further described in Exhibit(s) £�E Q_ald E)suscheo hereto and by 'this reference made a part hereof, hereinafter referred to as the project, and to provide Depart-nenial financial assistance *3 the Acency and sae the ternis am-i conjitions upon vnizh sucr, Pss;stance ,;,I! be pmvi;edl ar.,l m�unders�an±ng-z asto the mennerin po4a�t .%'i||beundenai,enangcomp�eed 2.00 Ac:omp|ishmargof the Project 210 General ReqUirements: The Agency shall conime-lice, and connole"re- the proiect as dies--f ibed in Exhibit "A' a1zcxad herietln and by this /c{*rence mace s part hereof In/a�greameni %%,.th all pracx--s| dapocn m a scun:! sn� ehicen�manner and in acoo/dancewn��ns Emns�nz n�r�m� and sUspp(icab|� |ors zzo Porcuaotto Fodom/, stau`. and Local nn,,, n:u�s or ���rpo��eedmg cx su* honza\/on is /squ/m|; 'a�a o, 1oun�on�kom�c��eo�*revn�er ortoorsar/a�asa:maorc�rryo�o�n;�|�hscrons/onso��ns meAgen�ypiU imbae andconaumma�e� as nmv'ced by|aw� aU ac\mns nec�s�x,��nkrespa���o any ovc, 2,30 Funds of the Agency; The Agency shall initiate and pmoecmev000mplsuon ail mo--ee�nAonecessary mc!u�/ng���era}si�rsq�remamsto�nao|e{ha Agency \oprzddemenacessary funds for compieioncd the p,�e�/ Packet Page -1448- 6/23/2015 16.D.3. 725-030 -06 PUBLIC TRANSPORTATION OEM Page 2 o' 14 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit B. This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ See Exhibit B as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B ", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ❑ is ® is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ❑ is ® is not applicable. If applicable, NIA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines /procedures and "Principles for State and Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account ". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. Packet Page -1449- 6/23/2015 16.D.3. 725-030-06 PUBLIC TRANSPORTATION 06111 Page 3 of 14 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but n of be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, and /or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non- profit organizations as defined in OMB Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as Packet Page -1450- 6/23/2015 16.D.3. na -oao-06 PUBLIC TRANSPORTATION 0&11 Pago 4 of t4 revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit "M to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III Other Audit Requirements 1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, Packet Page -1451- 6/23/2015 16.D.3. 725030-06 PUBLIC TRANSPORTATION 0611 1 Pap 5011a the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, by or on behalf of the recipient directly to each of the following: a. The Department at each of the following addresses: Florida Department of Transportation 801 North Broadway Avenue Bartow, Florida 33830 The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A -133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation 801 North Broadway Avenue Bartow, Florida 33830 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 801 North Broadway Avenue Bartow, Florida 33830 Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a. The Department at each of the following addresses: Florida Department of Transportation 801 North Broadway Avenue Bartow, Florida 33830 b. The Auditor General's Office at the following address: Packet Page -1452- 6/23/2015 16.D.3. 725-030.06 PUBLIC TRANSPORTATION 06111 Page 6 of 14 Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a. The Department at each of the following addresses: Florida Department of Transportation 801 North Broadway Avenue Bartow, Florida 33830 Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: Packet Page -1453- 6/23/2015 16.D.3. )26 -030.06 PUBLIC TRANSPORTATION 66111 Page % p1 1. 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow, Florida 33830, its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. B.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) 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. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department wili honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto: 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved: 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Packet Page -1454- 6/23/2015 16.D.3. 725 -030-06 PUBLIC TRANSPORTATION 06!11 Page 8 of 1a 4 4c. which. r nrn�/'A d for' 4 e fates nnr ved budget 4 for the 4.. ttributab to us greellle111, CVj \J ��1I�VII are IIVt F.IVYIV4V IVI In lh GIIL.]t a'.IrIICYLiY yuVge\ IVI \he project, and MVJ\J Q \\IIAJV\QVIG \V goo-us or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 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. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Packet Page -1455- 6/23/2015 16.D.3. PUBLIC TRANSPORTATION 06111 Page 9 of 1 a 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard; all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 el seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. Packet Page -1456- 6/23/2015 16.D.3. PUBLIC TRANSPORTATION 06111 Page 10 of 14 13.30 Title Vill - Civil Rights Act of 1900: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 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. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 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. Packet Page -1457- 6/23/2015 16.D.3. 725-030-06 PUBLIC TRANSPORTATION W11 Page 11 61 1A 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 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. 14.71 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. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen {14} working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Packet Page -1458- 6/23/2015 16.D.3. n5-030-06 PUBLIC TRANSPORTATION 06111 Page 12 C! td 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2015. If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or Designee. Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. Packet Page -1459- 6/23/2015 16.D.3. 725- 03p-06 PUaL1C TRANSPORTATION 06/11 Palo 13 01 1a If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413 -5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E- Verify Vendors /Contractors: 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Page -1460- 6/23/2015 16.D.3. Financial Project No{s). 43283619401 Contract No A0085 Agreement Date (7) 1 — � ( — Zc) t IN 'WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above vgitten. AGENCY Collier COLiniv Board of Countv Commissioners z,GENCY NAVE Fred W. Coyle ATTIEST DWIGHT E.'. SROCK, CLEZRK, B C)r i:; i cz n &. V t - -- � X. - 10 form I1€Iet, Deputy County 111tiurney FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller Packet Page -1461- 6/23/2015 16.D.3. t S" Packet Page -1462- 6/23/2015 16.D.3. Coll Or Count\ Financial 1% ject Number: 4 X28 N I A-;-tt l Contract Number: A0085 State Transit Service Development Program E\IHBIT "A" N -UMECT DESCIOPT10-N AND IZESPONSIBILITIES This exhibit iornls an intctiral hart of that certain John 'articipatitnl Agreement On eon the State of F1c,Hda. Department of Transportation and Cullicr County Board of CDmu% QninlissWers• ;299 Fast Tarll and VA Nantes. F%da 34 112. dated (r —1 1. zb_, ___ referenced by the above Financial Project ??umber. PlWJ1-.CT LOCATION: Collier County. Florida PRO.IECT DESCITHMON: The Agency kill 1-1ake improvements at bliS stops an tilt State Fli(Illway System (SI IS) in the Agency's sere iec area to achieve greater cOITIpliance "kh :americans with Disabilities :pct tADA): Chapter 331408. r7vriA.1hauwv - Regulation of bus stops. benches. transit shehers. street light pules. %va.,te dis o al receptacles, Iind I11odular ne "s mcks � Wri rl�' �, e I I _I1t5- af= v�a1ti_ and F7r�rtclrt .�9rlr�trr.tittrtttl�z� Cruxc Rule Chapter 14 -20, —Private Use SPF.C'IAI. CONSIDI RA"1 RAS BY :'lCit-NC`I': 110 audit rep ort(s) required in paragraph 7.00 of the Agreement Shall include a schedule of project a.ssistanee that Nvill reflect the DepartnlenI's contract 110111h,:r. Financial Project Nunlbcr and the Federal Idcrltification number. Micre applicable, and the amount of stag; fundin'_ acti('n 1roceipt and disbursement of funds) and ant fe"Icral or local fttndill'? aLiit ?I1 and the fundin" aketiOn CC( 11'.) :111\ (2 1 11er- SotIt`ce 1S iIll rest) t 1 (1 alt. t?rt +j::it. _ SPECIAL C NSIDERA DICKS BY DIP IT 1111AT Chapter - = 7. US, TirrrW .4 ntaw., ' Regulad,"1 of hu snips, benches. transit shelters. street `rt Iii poles. v - -St; disposal receptacles, and 1110,1U'Iar ne\1s V ii 1ln ri'Lhts- of * - %�ati " and Nori"l'a 'u {l., RuIC Chapter 14-20, "Privatc t_��c of ay. " are applicable. 1.+ requi -C:d 1" ..feet 17tt> Stop : ,:ai I I Ifor1 is rnm to 1 1 E' , 1 l 1t,r.s to )t' Eiil I)lt"t 1 recent �.ai � ��� �'i iilihwNcinent plamsL and to provide the lim A >ATS iU be lIIII C%ad, ti11tt1 l'a'st e ;tl.iatos f,?r ti'' Derartrlle'In tar prior Deparlinent tale :igemt begins w do an) No stop eaphY 1I,i11I'i9tie..,ellt t` oak, \l !die passaycr "a hirig Was can be a711r;idcrrd as eli'nihlc thr,.>utAi the State AmAt ScrAo D ev;t'i,lmium I'lc r?ratEll. the f,ot US O LKS °`1',I eillent. as {tan of a M :d L'eQNJAL Depal`1111ont i t.e.• 1?S`;trlct One iisirieiv file ) ,fit ?'^ `op i pr kornsm inhisin "s is °.a :1E"ricaans %ith D:SitlAMS ,QI (ADA)— lelat'lI ..4. , ;iitii re;-'„laiig. compliance Illl'�knci -lerus ai bats sb ,y till the Stahl` Ili_'hm, S)Ste a S� tt f ±t •f r _ t S) gem t I�f. t,I1 . 1 :.ir1t >h..,l�, 4_ _.�Ii0 !tl_ the t,....;Smum i1t;mbur Ut s uah i:11I,ro% or;1. nis dinrletl.:.3 :, t nle�s t7a11:11` h�41f.ti�. ,.. <1 : t _ C ;-AaSe and it StalLiti {?n O no\% I�+ ti f14'er` \ a {tlnl shelters illlll t I` :1i11en{tlea. . :tlleI' than the 'ettt'ii?l: e :a'�1t : :1 c,,sts associated \l rah nllpw\ ing bats stop`; its sated ken. law lie financial r`esp,q"lbl lA\ of the .Acne This prt�ject f()r ADA- related accessibility and compliance irnpnne111ents at bus mops can dw State Ilyhtieq, ", stoill ( S I IS) iS a throe- ,%oar. cost -rt Iri3I?t :r,�Clllent. tr rti. Per Department PP%�C;;tlt.rre `\t1ri ba 725 t1At1-00U 1, P€ bliL' I r m"I `_ cn ice Dc\ e:I jprnent PtE? iiiiil. lhi lira , irhak Aw this pro et the :1 ' nom\ jr,iej`r, ::cabal &l :Unlentea e\pL:n ef,. f ,,hthit A. ;' i of Packet Page -1463- 6/23/2015 16.D.3. Collier County Financial Project Number: 432836- 1 -94 -01 Contract Number: AQQ85 State Transit Service Development Program The criteria by which the success of this project will be determined are whether projects objectives and/or results are in compliance with the Americans with Disabilities Act (ADA); Chapter 337.408, Florida Statutes. "Regulation of bus stops, benches, transit shelters, street light poles, waste disposal receptacles, and modular news racks within rights -of- way," and Florida Administrative Code Rule Chapter 14 -20, "Private Use of Right- of-Way." Subject to availability of resources, the Department may offer the Agency technical assistance to achieve and /or evaluate the results of the project. The Department encourages the Agency to combine other Federal, additional local funds, and /or resources to broaden the effectiveness of the project. Given the importance of this project to improved mobility with respect to the Americans with Disability Act and to State statutory and regulatory bus stop compliance requirements, and in relation to the Department's mid -June 2010 letter of advice to transit systems statewide entitled "Bus Stop Benches on the State Highway System, Compliance with the Americans with Disabilities Act (ADA)," the Department regards this project to be of both regional and statewide significance. When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this Agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non - material change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the Agreement. Exhibit A, Page 2 of 2 Packet Page -1464- 6/23/2015 16.D.3. Collier Coumv Financial Prcj eG \umber: 432836 -94.01 Comract Number: QQ85 ym2TmnAlSen %eb:vd0pmem Pwgmni £\ HlBI! °8° PROJECT BUDGET Qs exhibit Smsandegralpart oEGmeeegnl /mPa6b dona22amz£bz»centheStaeo£G7g% Department of-I'mnsportmion and CbHWr Co w v Road %`Collin V Commissioners: 3299 Fast Tamianli Trail. G a.Qe§da34!|%deed 0KII !a &Gcnedb bey ow Financial Prcj t Number. PrQject IOWA and Rmym mined W get: The Department has programmed the Andby ameums own below in Me most currendy whImed MI k Pr pram. «v /GR byoEmy funds 6subject to 2 /del &eappgvg. FY 1213 Low lEDn3R2)jj 2t u S59.47 9.75 y mo Funding (DIlO ) R/w %2329!¢ OO lam! S297398,75 § is be dent of the Department to participatc in $app ecIm Gel level ofDepagmb2 Gndin2 w&umbc2d '1:1u amJ2zsv. di3i§mIJJL@51 Cy EwGlc wwie! Packet Page -14G5- 6/23/2015 16.D.3. ColliwrGwiv, Financial I?LjCCI ?Number MUMMA)] Muraw Nurnbar: AQ085 SM 11ansh Sat ice EW HoMnwH PRTran I EXIHBIT "C" (GE-.NE12,-k1- - t% ith sarew lZeq uirerneuts) ilk cxhbh Orns an blynd part of that certain JOB 110:ipatioll battt een the stag: of Florida,. Dcpartm,.ni ofl'mnsportation and Cat HQr Count% 13yrd of GwInq Gwyn-Mi 1 cy: 3229.-aqt_Tamjarr6 DO Vlfw� Flowid"t 3-1112 dated I _jAQqCj_ rcfaraiwad b� ilia abow Financial 1'rojeci Ninnhers. IZET: Section 341.051 lF.S. Requests for Reimburserneul (invoke Sul mhtak) in accordance "Th Section 215.422 hIorida Statutes and the requirernent of Paragraph 22M11 or ods Renuired Subinival Forivat The shall suhnih invoices on Ones lanw0d by the DepartnIVIII and prepared in a:cordanaa t%Ah instructions Lk,--n b the Dapartnicni. BaCL.-Up dOcUnIvIllation \\iH hiCh-Ide the WMAWO hcm�' nci:assar to \aiQ cosu inctluod and the QHWO ormid cow. Cloocls vr sa% ices r"ON War ihs agawnwit shall he apps -to cd dkqTnn ad by the Depaawnt n later tRui W (5) v%orking d:qs afln me tit. b) tha DOW WbHc I mui,;portation 011'ica. of a prop.1-1l, papand and wM&W hu"Lo Whqik! We iwkc ho imumplou T invowa. Mo lNpwUuwH -40 1311 Ow Apow, Y Ahin On i 51 %wi-LiEv Ail - WiTcuipi Ain! t':7urli th' i':. :" Mark the required Safely submilud or prnvivitms hw this aqvanna &Wpliall. I - Tr - In acowdance "Ali Scalm 34 1 W 1. F Wida Suit"wo. and Wd, CloWlar 14W. 3u., ansit S\ yorn I'lorida Vhninkkraii%. Coda, dl "Ah'ill SLIbnlit. and th. Dapartnl::nl shall ha%aoli 1-11n, an Ainn":al -al, -, - 1 '11}: AL ad ind i" %"ilh lwk-_rani Phm punumg w NO olaya ilm F,%A , wiij Wo Nn4nizi xinuul nQr, in,'rawkAn o"nal swtorl - 10SIANA11d) in j.,,T,Wcw \NAh nwhin 541 10. H, T...... Swilulan S: Apow) - ,IAAH suhni& and OIL: 1).r; aru-nant '-)hall ha\ L on !-I!n, .Ilinll.fl CL'I-11:',-AIi0:-,' 'P.% li a c,01plianow v id, is 41g an Silo, l0oonmi Min, pawmi k, NO 14-1- .ni—, 11,00 Adminjmw!M' L VW in, a tO 11, aJoIllioi; .4'a '-,I mom Oki; Mpumn Nan purawnt a, Ruin Q 15311 Fhwwa Adminimmo%C (Wo INN h, buyinl6n; PA<'Cnq�r Sari i'C ''!)LI-alioni lhc -hiih ,YL,!)n',it a 1" dic Deparlincill id'—I, thn St tan W ak Or ser%i:., Packet Page -1466- 6/23/2015 16.D.3. Collier County Financial Project Number: 423836- 1 -44 -01 Contract Number: AQQ85 State Transit Service Development Program Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: 1. Execution of contracts for materials andior vehicles from a valid state or inter - governmental contract. 2. Other contracts less than $25,000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. ® 3. Recurring, renewable, or on -going operational contracts that have less than a twenty -five percent (25 %) change in total dollar amounts from one year to the next. ® 4. Purchase of service contracts where the Agency will provide transportation service for a fee. Required Submittals SUI3MITTAUCERTIFICATION EJ Procurement Requests ® Safety Compliance ® Specifications Invoices Audit Reports E] Project Progress Reports (In Department approved format) RESPONSIBILITY Agency Agency Agency Agency Agency Annually During Life of Project Agency Annually During Life of Project FYhihit C Pane 2 of 2 Packet Page -1467- 6/23/2015 16.D.3. C011i.r Cuuntt Financiall'roicctNumber: 4+ ?S36- Contract Nrnnbcr: :'1QQS" State Transit Service Developm.nl Pro? -,rxil ExIIIIIIT 1) FEDERAL AND STATE E RESOURCES AND COMPLIANCE RE- QUIREIIENTS Tills exhibit forms an integral part ol`that certain Joint 1'2:-ticip.ition :">-ur ement r•.t%� een div State of Florid.i. Department «f'I`ransportation and Collier Countv Board olTount\ Tami.uni Tr.lii. Nanles, Florida 3a 1 12, dated ©(— t t -- 2-0 1 3 FEDER_1I, and ;or STATE resources award.d to tite re:cipicnt pursuautt to this a2,reement should he listed helms. If the resources mvarded to the recipient represent more titan erne Federal or State pro ram. proN ide the same informaL1011 IOr eaL:h pro-,ram and the total resources awarded. Compliance Requirements applicable to each Federal or State prouram should also be listed bekne. If the resources mardcd to the recipient represent mo,,� than 011 pF,lL.MM. list appllcllbl. compllanc. same Inann�2r sl ?tit'. n here: STATE, R.LSOURCE:S State A2eneV Cata102 cif Stale f=inancial :Assistance (Nunnber and Titie) amount Florida D.partmcnt of 55.012 -- Public Tran�it Service Dcvclopment I'rc)-uram S237.9 I Transportation i ,t)_ i . Florida _. Amcricans va itil Disabiliiics :pct Chapter �%. IUS. Flclrida StatutCS, of bus steps. h ncltvs. transit �Itclt,_t .. tr�et Built I.�,lts. 1CaST:: Cti�pi�s >!� reCepl i,.l<;a. and lno:itll:tr n.1i� rJ�.�. < `., €lhttt r11'I�!�-t +t-11;':A'. 1. 1- 7orirlrr.-klnririi.erralie -e Curl' I:ule Ch.lptcr 1 -1 -'0. 1)1-,% ale t'�st of'R glit- oll%k',1v. 5. All ternns oi�E7charUttent Contrict 1'(1' 100 1A o1'flll[i (',irc 1 1 11Z s i ! Suet' ',I4 tt- 111 ": ). 1`10r.,iia Lt.,tuILC,. .�1� I I:: �'+i "Ciil7ie .-r �,n��i�) iii �.r.��i� �._L iii .i i' :s-���� I. i'� +1;>�i�. aiiU .��.� 11111 _i.: rrtluire 111.11 [lie infortttatioll ,1bout I`edcr,tl Prtwraltls cruel S1,11C Projccts includcd ill this exhibit [)c provided to the recipient. Packet Page -1468- Davis, Julia From: The job F1989WMR Sent: Friday, August 31, 2012 4:02 Plot To: Davis, Julia Subject: FUNDS APPROVAL- /REVIEWED FOR CONTRACT A0085 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract ;#AQQ85 Contract Type: Method of Procurement: Vendor Name: COLLIER COUNTY B Vendor ID: VF596000558004 Beginning date of this Agmt: 08/28/12 Ending date of this Agmt: 12/31/15 t* ��* �f1f��*f*** �1* f * *f�����' ♦t *� *1♦��1044f64♦040f If *f f l*f 1 *1 *4 f *1** **f *f ORG -CODE *ED *OBJECT *AMOUNT 'FIN PROJECT *FCT 'CFDA (FISCAL YEAR) *BUDGET ENTITY 'CATEGORY /CAT YEAR AMENDMENT ID -SEQ. 'USER ASSIGNED ID -ENC LINE(6S) /STATUS 4 # # * # # * f * * * * * * 4 w * * * * * f * * 1 * * 4;4 f * 4 * 1 f • Y * 1 # 1 9 ♦ r # 4 k # 1 * 1 1 9 k f f 4 1 * 1 f 1 * V 0 . 4 ♦ Action: ORIGINAL Funds have been: APPROVED 55 012020129 'PT 1750012 2013 '55100100 0001 '00 ---------------------------- TOTAL AMOUNT: *$ ---------------------------- FUNDS APPROVED /REVIEWED FOR DATE: 08/31/2012 237919.00 '43263619401 4215 ' '088774/13 '0001/04 ------------------------------------- 237,919.00 ------------------------------------- ROBIN M. NAITOVE, CPA, COMPTROLLER Please provide us your feedback on the Contract Funds Management System. A survey is available at the following; link: http:/ /cosharepoint.dot.state f1 us/ sites /OOC /F;.IO /CF!•i /default.asDx under the Surveys tab. Thank you in advance for your time! I Packet Page -1469- 6/23/2015 16.D.3. CD�)ier S.D,�. A ��