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Agenda 05/13/2013 Item #16A295/14/2013 16.A.29. EXECUTIVE SUMMARY Recommendation to recognize revenue from a multi -year Joint Participation Agreement between the Florida Department of Transportation and the Collier Metropolitan Planning Organization for fixed route transit planning activities that includes Federal pass- through 49 USC § 5303 funding and to authorize necessary budget amendments for grant revenue in the amount of $109,344 and a local match in the amount of $12,150. OBJECTIVE: For the Board of County Commissioners (BCC) to authorize the necessary budget amendments for Joint Participation Agreement Contract AQR14 awarded to the Collier Metropolitan Planning Organization by the Florida Department of Transportation to support fixed route planning activities. CONSIDERATIONS: Effective March 29, 2013, the Collier Metropolitan Planning Organization (MPO) entered into a five -year Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT). The purpose of the Agreement is to provide for the MPO's participation in fixed route transit planning activities as described in the MPO's Unified Planning Work Program. Per the Agreement eligible MPO planning expenditures are reimbursable from FDOT via 49 U.S.C. § 5303 and State cash match financial assistance. The MPO's first year grant award is $121,494.00, with federal (80 %) and state (10 %) funding, and 10 % local funds. Federal and State Funding (90 %) $ 109,344.00 Local Funding (10 %) $ 12,150.00 Total $ 121,494.00 The local match requirement is met by funding provided by local governments Collier County, City of Naples and City of Marco Island which equate to $7,594, $3,037, and $1,519 respectively. Everglades City is not asked to provide a local match as Collier Area Transit does not provide service to that locale. The MPO will request the total match from each local government at the beginning of its budget cycle (July 1, 2013), rather than as quarterly reimbursement requests, to ensure project cash flow. FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount of $109,344 in Growth Management Division (GMD) Grant Fund 711, Project 33270. The required 10% match of $12,150 is budgeted separately in GMD Match Grant Fund 712, Project 33270. The required matching funds are available from the cities of Naples ($3,037) and Marco Island ($1,519) in GMD Grant Match Fund 712, Project 33270 and Collier County's match funds ($7,594) are available from MSTD Fund 111. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. Packet Page -1453- 5/14/2013 16.A.29. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the Board authorizes the necessary budget amendments to recognize Section 5303 Program grant revenue and match dollars totaling $121,494 in JPA Contract AQR14. Prepared By: Lorraine M. Lantz, MPO Principal Planner, Collier MPO Attachments: (1) Executed Joint Participation Agreement (JPA); (2) Budget Amendments Packet Page -1454- 5/14/2013 16.A.29. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.29. Item Summary: Recommendation to recognize revenue from a multi -year Joint Participation Agreement between the Florida Department of Transportation and the Collier Metropolitan Planning Organization for fixed route transit planning activities that includes Federal pass- through 49 USC § 5303 funding and to authorize necessary budget amendments for grant revenue in the amount of $109,344 and a local match in the amount of $12,150. Meeting Date: 5/14/2013 Prepared By Name: LantzLorraine Title: Planner, Principal,MPO 4/18/2013 4:40:37 PM Submitted by Title: Planner, Principal,MPO Name: LantzLorraine 4/18/2013 4:40:39 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst,Transportation Administr Date: 4/23/2013 1:10:34 PM Name: AyerLucilla Title: Executive Director, MPO Date: 4/23/2013 1:33:16 PM Name: LynchDiane Title: Administrative Assistant Date: 5/2/2013 3:42:56 PM Name: LynchDiane Title: Administrative Assistant Packet Page -1455- Date: 5/2/2013 4:03:44 PM Name: KeamsAllison Date: 5/2/2013 4:09:05 PM Name: LynchDiane Title: Administrative Assistant Date: 5/2/2013 4:59:03 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/2/2013 10:27:37 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 5/3/2013 2:37:14 PM Name: KlatzkowJeff Title: County Attorney Date: 5/3/2013 3:27:01 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/6/2013 9:55:11 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/6/2013 10:36:50 AM Name: OchsLeo Title: County Manager Date: 5/6/2013 4:42:58 PM Packet Page -1456- 5/14/2013 16.A.29. 5/14/2013 16.A.29. - Florida Department of Transportation RICK SCOTT 801 North Broadway Avenue ANANTH PRASAD, P.E. GOVERNOR Bartow. Florida 33830 SECRETARY Ms. Lucilla Ayer, AICP, Executive Director Collier County Metropolitan Planning Organization 2885 South Horseshoe Drive Naples, Florida 34104 RE: March 29, 2013 New Multi -Year Joint Participation Agreement for the Department's 201212013 Federal Transit Administration (FTA) Section 5303, Metropolitan Planning Program Financial Project Number: 410113 -1 -14 /Contract Number: AQR14 Dear Ms. Ayer: Attached please find the new fully executed original Multi -year Joint Participation Agreement (JPA) providing for the Department's Fiscal Year 2012/2013 Federal Transit Administration (FTA) Section 5303, Metropolitan Planning Program participation in Collier County Metropolitan Planning Organization's eligible expenses associated with the Agency completing FTA Section 5303- funded planning tasks included in its Fiscal Year 2012/13 Unified Planning Work Program. Please always reference the Financial Project Number and Contract Number identified above when calling or writing about this project. I am enclosing an informational document entitled "JPA Requirements" to assist you in the proper administration of the Agreement. Adherence to these requirements will minimize any potential problem areas. We look forward to working with you to carry out the terms of this Agreement. If you have any questions, please contact Ms. Michelle S. Peronto, Transit Projects Coordinator, at 863 -519 -2551 or at michelle .peronto @dot.state.fl.us. Sincerely, Michelle S. Pet-onto Transit Projects Coordinator Enclosures cc: Ms. Lorraine Lantz, Collier County Metropolitan Planning Organization Mr. Richard P. Shine, Florida Department of Transportation, District One, Modal Development Office Packet Page -1457- 5/14/2013 16.A.29. -rTF mail- e^ ulr: 7' c 4:reermen- D TI =- = - I 2'1' VC L 2e va a C:D 'OV a d -, e, S - C S. r:wveve vv F r u 7! C S i a r 7T; eXn1:D:_S 4 T. I.r.=_ 3Z'LE: 'C'tr s su, r t t, a, 7 e -_1 a T -, n c - _a, r c. V',) Dez-a7me-n-, 2 aric, 7 S- I I Sib rnmt to tr-- DeDa,-t_n'. !2):* eElCr, T'SCa vea ,Dm_Jec,, is orne7l a zop\" of you- an,ua agency aud4 wmcn conforms ic :)f\A:: 7 -C) Provice to the Decarmen, evicence tna- voui, Acencv is carryinq proDem. , and' z aSL131t1 insurance on Dft)ject eciuiDme!,,i In arnoun' slaieb ir 5araqraDh -�,00 the JpAl E 1C' iie with the Deoarimert req, u!sific ns fc- navrrients or iz)rms orov!aec witi; appropriate oata as juslificall0r, Agency agrees to corriniv with the provisions c*' r,2ote., ', 12,0�E' F S relative tc trave: expenses ; nis inciuoes Agency travel as we-1 as any ccnsuitantss or cont-actors encia,,:iec� iDv the Request and obtain: the DePar-men"s written concurrence or alit act!onT specified in the i PA 8,30 Cos'rs incurreo ov the Agency prior to tne irate of the JPA or witn ou', De:.ariment concurrence are ineigioie fo-. payment by the Denariment I -"2o If VOLIF JRA Will fund Consultant Services, trier three sez)arat= items are covered in this section: The Agency mis, fuliv cc)m,:)Iv with, the provisions ---' Section 26 7_1_;::5: -.S. Consultants Competitive Negotiations Act =_NA; he Agency must involve the Decartmer,,L in tne Ccnsul-zanf seiecuon process The Agency s attorney mus', certify to the Deow-Iment compliance with the C-1-W, relat v� t ua The Agencv s;hail comciv- wtit,. all tn.a co,iji,,;_-r�s siziecif d 'E 0 and shall include these provisions in all contracts related to the proliect- Packet Page -1458- 5/14/2013 16.A.29. Ine Agency shall compl4' witn all tines proV!Si0n8 STaIeC I'? inl� a cT!c . rararal�'� p ohibited injerests anc si"al In--.Ube tr- sp e c,T n^ subcontracs etc v BnC c; n L1 I ,n= Agency snal'. su ^,;mi m, tr'.e ° arTment 'o' review cUrren al. pr3pcs2!s pians and specifications fo" pmole , ecumi -rent and facilitie Pr for To Drcf °c', cicseou:. toe koenc, snal: ceiT`?v In wr itmo T.` `.' ° Denartr:' em Ina t; ie pr ec, w s c om-.)1eied 'r � ac coruance wi :, i c Szne �.i'i ^. �„ of a plans arc ratio s �= it place on the Agency :aolii ?y, title is In the , Agency ana pro,ec is accepted Dy t,) Agency i 4 J iaen— agrees to Corr p °;c proj °c: Wit ^in the so°cified limo o'. rocluest . anti iustl?\ a time extension orlon tc JPA expiratlor, Acenov, agrees to comply witl i rests ictionS on lobbying and to Include app- ocnate lanouage in all contracts subcontracts. etc xhibits Agency should be totally famiiiar with and compit, wit, ali of the information and requirements in these exhibits zt��z Packet Page -1459- i 5/14/2013 16.A.29. STATE OFAMMACIPAIn13BaFTPUMUP RrATION rlS4]oat PUBLIC TRANSPORTATION """'R"""'°"T" JOINT PARTICIPATION AGREEMENT r" p"'"' Financial Project Nurnber(s): Fund: 010 FLAIR Category: 086774 (item- segmente- sequence) Function: 215 Object Code: 790004 410113114 Federal Number. 49 USC 5303 Org. Code: =12=29 DUNS Number. 80439 -7102 vendor No-- A9g05110I7 _ _ Contract Number. AOR14 F `fto oAU 559 Z 7 CFDA Number. CSFA Number. 20.505 TH15 AGREEMENT, made and entered into this day of ME,4-'� / � , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Metropolitan Planning Organization 2865 South Horseshoe Drive. Naples. Fbrkle 34114 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before I ZM112015 and this Agreement will expire unless a time extension is provided In accordance with Section 18.00. WITNES SET H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transpottallon system and is authorized under 341.051(1 Val, Florida Statutes, to sitar into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation, using Federal Transit Administration (FTA) Section SM3, 'Metropolitan Planning Program' and Sfate cash match financial assistance, in the Agercyrs eligible expenses associated with the Agency completing FTA Section 53034unded planning tasks included in its Fiscal Year (FY) 2012113 Unified Planning Work Program (UPWP) as approved and as may be amended, as may be succeeded by approved and amended annual or biennial UPWPs for fiscal Years 2013114, and 2014116. and as identified in the Agency's annual approved FTA grant applicabort(s) and UPWPs on the with the Department, and as further described In Exhlbli(s) X13 attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 2.00 Accomplishment of the Project 210 General Requirements: The Agency shall commence, and complete the project as described in Exhibit A' attached hereto and by this reference made a part hereof this Agreement, with all precdced dispatch, In a sound, economical, and of lent manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Loom Law: In #e event that any eiectlom referendum, approval, permit, notice, or other proceeding or suit wizatbn is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the pro)W hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will Initiate and consummate. as provided by law, all actions necessary with respect to any such matter so requisite. 2.30 Funds of the Agency: The Agency shell Initiate and prosecute to completion all proceedings necessary Including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. Packet Page -1460- 5/14/2013 16.A.29. > ft*= TPANU KMTATM W11 hP!tl 1's 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 $ sea Exhibit B. This amount is based upon the estimate summarized In Exhibit "B" attached hereto and by this reference made a par thereof 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 S See Exhibit B as detailed in Exhibit 'B', or In an amount equal to the peroentage(s) of total cost shown in Exhibit "13", 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, spect ications, 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 die 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. 3.00 Retainage: Retainage ❑ is ® Is not applicable. If applicable, percent of the Department's total share of participation as shown In paragraph 4.00 is to be held to retainage to be disbursed, at the Departmenrs 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 shag 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 reoeipt of a final invoice. T.00 Accounting Records: T.10 Establishment and Maintenance of Accounting Records: The Agency shag establish for the project, in conformity with requirements established by Department's program guidellneslprocedures and 'Principles for State and Local Governments ", separate accounts to be maintained within its existing accounting system or establish Independent accounts. Such accounts are Warred to heroin 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 b made. Packet Page -1461- 5/14/2013 16.A.29. nsa" PURMYR44F RTATCH mn: MON 3 of I 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 shelf 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 Projoa, 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, shale be supported by property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety d the charges. i 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 property 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 shag be dearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.40 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 to agrees comply and cooperate with any Inspections, reviews, investigations, or 1 audits deemed naxisMy by the State Comptroller or Auditor General. The Agency shall retain sufficient records I 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 slow 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 not 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 proceduresfprocesses 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 FDOTs Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General 7.52 Audits: Part 1 Federal) Funded: If the Agency gency la a slats, 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. to 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 1 revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement r Packet Page -1462- 5/14/2013 16.A.29. r: PUM CTRMGF 7iIA'rK* ar„ Page 4atit 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 audkee responsibilities as provided In Subpart C of OMB Circular A -133. 3. If the recipient expands 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: I. In the event that the recipient expends a total mount 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 pocal governments! entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit Me to this agreement indicates state financial assistance awarded through the Department by this agreement. in determining the stale 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 redplent 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 216.97(2j(e), Florida Statutes, and Chapter 10.550 (bcai 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 shag follow -up and take corrective action on audit findings. Preparation of a summaryschedule of prior year audit findings, Including corrective action and current status of the audit findings Is required. Current year audit findings require ocrrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or oil Ion shall be retained unfit tile action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to Packet Page -1463- 5/14/2013 16.A.29. PUBLIC MUAFMATIM Obit Ppe6MN 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 Submleaion 1. Copies of reporting packages for audits conducted In accordance with OMB Circular A -133, as revised, and required by Section 7.62 Pali 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, District One Headquarters Office Modal Development/Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, Florida 33830 b. 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. 2. 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 (ex2), OMB Circular A -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the reciplent's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, District One Headquarters Office Modal Development/Public Transit, MS 1 -39 a01 North Broadway Avenue, Bartow, Florida 33830 In addition, pursuant to Section .3.20 (f), OMB Cftular 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 audhor, to the Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Of lov Modal Development/Public Transit, MS 1 -39 $01 North Broadway Avenue, Bartow, Florida 33830 3. Copies of financial reporting packages required by Section 7.62 Part 11 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, District One Headquarters Office Modal DevelopmentIPubfic Transit, MS 1 -39 801 North Broadway Avenue, Bartow, Florida 33830 b. The Auditor Generafa Office at the following address: Packet Page -1464- 5/14/2013 16.A.29. M-03I W MJ= TRMWNORT11YM anf ft" I of ,. Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32389 -1450 4. 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, District One Headquarters Offloe Modal Development/Public Transit, MS 1 -38 801 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, Florlda Statutes, and Chapter 10.550 (local governmental entitles) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 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 shad 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 tinder 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 shad be furnished to the Department upon request. Records of costs incurred include the PartkdpaWs general accounting records and the project records, together wilh 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 audlt of costa. 7.64 Other Requirements: If an audit discloses any siBMficant 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. 7.66 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 cis Interest in the lost equipment or facility. In the event this Agreement Is for purchase of land or for the construction of Infrastructure such ass airport runways the Department may waive or modify this section. 6.00 Requisitions and Payments: Packet Page -1465- 5/14/2013 16.A.29. ».« PUXIC UtMWP=AnM GSM hp ?of 14 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, f dow. FL 33830. its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph T.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submMed in detail sufficient for a proper preaudit and postaudit thereof. 6.12 Invoices for any travel expenses shall be subm8ted 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 stalernent by the Agency certityhg 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 will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 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 8.26 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 terminal" 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 Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods e. Packet Page -1466- 5/14/2013 16.A.29. » iuluCrtma O"'MM OW1 ltd 1, 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 pe kmwd pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint partkolpatlon agreement which it has with the Agency owing such amount 0. upon demand. payment of the amount is not made within sixty (80) 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 8.28 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 arty 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 dosing 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 118, 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 pr ad account Is made, the Agency shag 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 tie contractors to permit, the Depadmenrs 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 or 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 Sedlon 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 -1467- 5/14/2013 16.A.29. MOM F00007PANSPOMATSW oil Pip 9 of l4 12.20 Compliance with Consultants' Competitive Negotiation Act: it Is understood and agreed by the patties hereto that participatlon 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., Consultents' CompeUrive Negotiation Act. At the discretion of the Department, the Agency will Involve The Department in the Consultant Selection Process for at contracts, in all cases. the Agency's Attorney shall oerfify to the Department that selection has been accomplished In compliance with the Consultants' Competitive Negotiation Act. 1230 Disadvantaged Business Enterprise (DBE) Policy 12.31 OBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 28, 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 48 CFR part 28 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipienrs 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 andior the Program Fraud Cfvll Remedies Act of 1986 (31 U.S.C. 3801 of seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 29 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohlbltlons, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In Connection wfth the carrying out of any project, the Agency shall not discriminate against any employae or applicant for employment because of race, age, creed, ooior, sex or national origin. The Agency wM take alfinnative action 10 ensure that applicants we employed, and that employees are treated during employment, without regard to their raw, 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 forma of con pensatfon, and setaotion for training, Including apprenticeship. The Agency Shag 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 sirtiUar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials, When the "ect involves installation, construction, demolition, removal, site Improvement, or similar work, the Agency shall post, In conspicuous places avallabie 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 oonstitutea a certification that the Agency will comply with all the requirements Imposed by Tore VI of the Chit Rights Ad 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. 13.30 Title VIII - Civil Rights Act of IM.. Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements Imposed by Title Vill of the Civil Rights Act of 1968, 42 Packet Page -1468- 5/14/2013 16.A.29. rLAWM%vap RTATtON ov+I POP 1001 If 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 at the requirements unposed by the ADA (42 U.S.C. 12102, at seq.), the regulations of the federal goverrment issued thereunder, and the assurance by the Agency pursuant thereto. 13.60 Prohibited Interests: The Agency shall not enter Into a contract or arrangement in connection with the protect or any property included or plarmed 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 officers, directors or employee's spouse or chid is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, directors or employee's spouse or child, or any combination of them, has a material Interest. "Material Interesr means direct or indirect ownership of more then 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 safely responsible for any liability in the event o/ 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. 1420 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any Marty 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, t the part of the Agency, default and the making of such payment by the Department while any such breach or broach or shell inno way impair or prejudice any right or remedy available to the Department with respect to such or default. exist efault. 14AO HowAgreament Is Affected by Provisions sting Held Invalid: If any provision of this Agreement Is hold 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. 14.60 Bonus or Commission: By execution of the Agreement the Agency represents that It has not pail and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its app11catlon for the financing hereunder. 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 _ Packet Page -1469- 5/14/2013 16.A.29. Ma" MJOIX T11ANSroRrArfON Oiry 1 �f1df� law. Provided, that t 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 and 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 "ad facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful fife 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 indemnity, 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 ad, 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 ad 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, 9 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 fec lets, the Agency shall submit to the Department for approval all appropriate plans and specifications cornering the project, This 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 thew comments and recommendations to the Department's satKfaction, 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 M 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. 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(aXa), 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 Packet Page -1470- f 5/14/2013 16.A.29. r3l-r PUBM MArAW01trAVOW acct rq. 1201 1� 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 i year, but any contract so made shag 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 shag be Incorporated verbatim In all conbu is 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 t year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 1213112015. If the Agency does not complete the project within this time period, this Agreement will e period k requested b the � >� unless an extension of the time Y Agency and granted In writing by the District Secretary of Hs/Her Designee. Expiration of this Agreement will be considered termination of the project and the procedure established in Section 0.00 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: AU words used herein in the singular form shag extend to and include the plural. All words used In the plural form shag extend to and include the singular. Ali words used in any gender shell 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 offfcer 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 arty federal contract, the making of any federal grant, the malting of any federal ban, 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 a attempting to Influence an officer or employee any Person for influencing or p yee of any federal agency, s 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, Usclos� re Form to Report Lobbying; in accordsnce vyith its Instructions. The Agency shall require that the language of this section be Included In the award documents for all subawards at all tors (Including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subr3cipients 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 bld specHlcstkxhs. purchase order or contract apecifres 0 Unerwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Flnencial 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. 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 rub. Interest penalties of less than one (1) dogar will not be enforced unless the Agency requests Packet Page -1471- 5/14/2013 16.A.29. > PUK C "WW O UPITgM un 1 Pap 1110114 payment. Invoices which have to be retumed to an Agency because of vendor preparation errors VA result in a delay In the payment. The Invoice payment requirements do not start until a properly computed invoice is provided to the Department. A Vendor Ombudsmen 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 psyment(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 pubic work, may not submit bids on oases of real prop" 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 B. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the data of being pieced 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 rest property to a public entity, may not be awarded or perform work as a contractor. suppller, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E- Verify Vendors/Contractom: 1. shall utaize the U.S. Department of Homeland Securiys E- Verify system to verify the employment ellglblUty of all new employees hired by the.Vendor/ContracW during the term of the con 2. shall expressly require any subcontractors performing work or provi likewise utilize the U.S. Department of Homeland Seo ritys E- Verify systs employees hired by the subcontractor during the contract term. Packet Page -1472- 5/14/2013 16.A.29. PU"TPM OMWAMM 0011 hp N 0114 Financial Project No(s). 410113114 Contract No. AOR14 AgreemeM Date IL MLI. 2-q4 212 [ 3 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year fast above written. AGENCY FDOT Cider Countv_tvletraooliten Planning Organization See attached Encumbrance Form for date of Funding AGE NAW Approval by Comptroller Cay`C;4i an Sam Saad, MPO Chair (7` SIGNATORY TITLE ,/AN]ie"iar tgfeea A low =flkMcy Mpu►y County Attorney._ .- LEGAL REVWW OEPARTU TOFt PORr Ghft SwAh OEPAMMENr Of 'TRAMSPORTATTOM TITLE Packet Page -1473- 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410113-1-14 - Contract Number: AQR 14 Federal Transit Administration (FTA) Section 5303 Program EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Metropolitan Planning Organization, 2885 South Horseshoe Drive, Naples, Florida 34104, dated 63 - 2.'1- 20 13 referenced by the above Financial Project Number. PROJECT LOCATION: Collier County Metropolitan Planning Organization, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provide for the Department's participation, using Federal Transit Administration (FTA) Section 5303, "Metropolitan Planning Program" and State cash match financial assistance, in the Agency's eligible expenses associated with the Agency completing FTA Section 5303- funded planning tasks included in its Fiscal Year (FY) 2012/13 Unified Planning Work Program (UPWP) as approved and as may be amended, as may be succeeded by approved and amended annual or biennial UPWP's for FYs 2013/14 and 2014/15, and as identified in the Agency's annual approved FTA grant application(s) on file with the Department. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this Agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non- material change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the Agreement. If applicable, the eligible project period identified herein, may be extended by letter from the Department upon a written request from the Agency. The Department recognizes the necessity of, and allows, the Agency to provide public transportation services under this Agreement beyond its geographic boundaries for achievement of effective and efficient public transit services, and for public necessity and convenience. Exhibit A, Page I of 1 Packet Page -1474- ti �5 I 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410113-1-14 - ContractNumber: AQR14 Federal Transit Administration (FTA) Section 5303 Program EXHIBIT "B" PROJECT BUDGET (For Transit Multi -Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier Counri Metropolitan Planning Organization 2885 South Horseshoe Drive Naples Florida 34104, dated 03 -21- 2D l,� referenced by the above Financial Project Number. Project Estimated and Programmed Budget: The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C ". This funding will be made available, annually, in the following manner: After the Agency has met all program requirements, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount of funding available and the beginning date when the Agency may incur eligible project cost. This notification must be signed by the agency and returned to the Department. Availability of any funds is subject to legislative approval. Local Funding (LF) FY 12/13 10% $12,150.00 State Funding (DPTO) 10% $12,149.00 Federal Funding (DU) . 80% $97,195.00 Total $121,494.00 It is the intent of the Department to participate in the project to the level of Department funding encumbered and consistent with Section 341.051(1)(a), F.S. Exhibit B, Page 1 of 1 Packet Page -1475- 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410113-1-14 - Contract Number: AQR14 Federal Transit Administration (FTA) Section 5303 Program EXHIBIT "C" (Section 5303) (For Transit Multi -Year projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Metropolitan Planning Organization, 2885 South Horseshoe Drive, Nanles, Florida 34104 dated a3--.2q - 2013 referenced by the above Financial Project Numbers. REF: Section 341.051 F.S. This Agreement is in conformance with Section 5303 of the Federal Transit Act (49 U.S.C. 5303) and chapter 341 Florida Statutes. The Metropolitan Planning Organization (MPO) shall ensure adherence to the various Federal requirements documented in FTA (formerly UMTA) Circular 8100.la, including Title VI of the Civil Rights Act of 1964, Disadvantaged Business Enterprise requirements, and the Americans with Disabilities Act of 1990, and all other federally required certifications and assurances made in its application to the Department for Section 5303 funds. The MPO shall adhere to all applicable planning requirements established and set forth by the U.S. Department of•Transportation, including development and timely submission of its Transportation Improvement Program (TIP) and annual /biennial element and Unified Planning Work Program (UPWP). The MPO shall comply with any special conditions imposed by the Federal Transit Administration (FTA) as a condition of grant approval. Costs incurred prior to execution of this agreement can not be charged to the grant. Costs incurred by the MPO to prepare and file an application are not eligible project costs. Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back -up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. Exhibit C, Page l of 3 Packet Page -1476- 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410113-1-14 - Contract Number: AQR 14 Federal Transit Administration (FTA) Section 5303 Program Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements ® Bus Transit System - In accordance with Section 341.061, Florida Statutes, and Rule Chapter 14 -90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14 -90, F.A.C., and has performed annual safety inspections of all buses operated. ❑ Fixed Guideway System - (established) In accordance with Section 341.061, Florida Statutes, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule 14- 15.017, Florida Administrative Code. ❑ Fixed Guideway System - (new) In accordance with Section 341.061, Florida Statutes, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14- 15.017, Florida Administrative Code. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. 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: B( 1. Execution of contracts for materials and/or vehicles from a valid state or inter - governmental contract. ® 2. Other contracts less than $25.000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. 3. Recurring, renewable, or on -going operational contracts that have less than a twenty -five percent (25 %) change in total dollar amounts from one year to the next. 4. Purchase of service contracts where the Agency will provide transportation service for a fee. Exhibit C, Page Z of 3 Packet Page -1477- Z Project Progress Reports (In Department approved format) 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410114-1-14 - Contract Number: AQR14 Federal Transit Administration (FTA) Section 5303 Program Exhibit C, Page 3 of 3 Packet Page -1478- RESPONSIBILITY Agency Agency Required Submittals S UBMITTAUCERTIFICATION 0 Procurement Requests Safety Compliance Specifications Z Invoices LK Audit Reports Z Project Progress Reports (In Department approved format) 5/14/2013 16.A.29. Collier County Metropolitan Planning Organization Financial Project Number: 410114-1-14 - Contract Number: AQR14 Federal Transit Administration (FTA) Section 5303 Program Exhibit C, Page 3 of 3 Packet Page -1478- RESPONSIBILITY Agency Agency 5/14/2013 16.A.29. > PUBLIC TRANSPORTATION 0406 Pape 1 of i Collier County Metropolitan Planning Organization Financial Project Number: 410113-1-14 - Contract Number: AQR14 Federal Transit Administration (FTA) Section 5303 Program EXHIBIT D FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Metropolitan Planning Organization 2885 South Horseshoe Drive, Nagles. Florida 34104 , dated 03 r 2'9 - 2-0 1 FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number and Title) Amount Federal Transit Administration 20.505 - Metropolitan Transportation Planning $97,195.00 Compliance Requirements I. 49 USC 5303 2. All terms of Department Contract STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements 1. Chapter 341.051, Florida Statues 2. All terms of Department Contract Catalog of State Financial Assistance (Number and Title) Amount $12,149.00 NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Exhibit D, Page ! of t Packet Page -1479- Davis, Julia From: The job F1989WMR Sent: Tuesday, September 04, 2012 4:57 PM To: Davis, Julia Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AOR14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQR14 Contract Type: Method of Procurement: Vendor Name: COLLIER COUNTY M Vendor ID: VF596000558057 Beginning date of this Agmt: 08/31/12 Ending date of this Agmt: 12/31/15 T*a r* i**** 4* W* "# #, * / # * #k* *+k #M #x4/#*4 #i # * ** *4 �t *44 r4. # # *4. *i #:k** * ** ** * ** * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY 4CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS *4: *�** k**** 4'###*#* a: k4#******# �4# �k4# *'♦<'Y*fi�K+k'K # **; * #Kr4Y #' ** #'k �►*� #* # ** # # *•k* #k # *'# Action: ORIGINAL Funds have been: APPROVED 55 012020129 *PT *790004 2013 *55100100 0001 *00 # TOTAL AMOUNT: *$ FUNDS APPROVED /REVIEWED FOR DATE: 09/04/2012 109344.00 *41011311422 *615 *'20.505 •088774/13 40001/04 109,344.00 - 1OBIN M. NAITOVE, CPA, COMPTROLLER Please provide us your feedback on the Contract Funds Management System. A survey is available at the following link: ! ittp : / /cosharepoint.dot.state.f1.us /sites /OOC /FMO /CFM /default.aspx under the Surveys tab. Thank you in advance for your time! Packet Page -1480- 5/14/2013 16.A.29. Collier- MPo FTA 5-303 FT 1 Z) )3 AQ K 'L Lr