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Agenda 06/25/2013 Item #16A11111�, 6/25/2013 16.A.11. EXECUTIVE SUMMARY Recommendation to recognize FY2013 -14 Transportation Disadvantage Planning Grant funding in the amount of $25,896 to the Collier Metropolitan Planning Organization from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. OBJECTIVE: That the Board of County Commissioners (Board) recognize funding awarded to the Collier County Metropolitan Planning Organization (MPO) by the Commission for the Transportation Disadvantaged (CTD) and to authorize the necessary budget amendment. CONSIDERATIONS: Annually, the MPO enters into an Agreement with the Commission for the Transportation Disadvantaged to perform planning duties set forth in Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code, Commission policies and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on April 27, 2012. This spring the CTD notified the MPO that it was authorizing $25,896 for specific planning task in the MPO's FY13 /14 fiscal year (July - June). FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount of $25,896 in Growth Management Division (GMD) Grant Fund 711, Project 33275. There is no requirement for matching funds. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the Board recognizes and authorizes the necessary budget amendment to FY 2013 -14 grant revenue totaling $25,896, which was awarded by the Commission for the Transportation Disadvantaged to the Collier Metropolitan Planning Organization. Prepared By: Lucilla Ayer, Executive Director, Collier MPO Attachments: (1) Transportation Disadvantaged Planning Grant Application; (2) Budget Amendment Packet Page -489- 6/25/2013 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to recognize FY2013 -14 Transportation Disadvantage Planning Grant funding in the amount of $25,896 to the Collier Metropolitan Planning Organization from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. Meeting Date: 6/25/2013 Prepared By Name: AyerLucilla Title: Executive Director, MPO 6/5/2013 3:44:48 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst,Transportation Administr Date: 6/6/2013 2:33:26 PM Name: KearnsAllison Date: 6/6/2013 2:48:34 PM Name: LynchDiane Title: Administrative Assistant Date: 6/6/2013 2:58:40 PM Name: ShueGene Date: 6/6/2013 5:36:26 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/12/2013 9:45:01 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 6/12/2013 1:35:13 PM Packet Page -490- Name: OberrathKaren Title: Senior Accountant, Grants Date: 6/13/2013 8:53:47 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/13/2013 10:17:39 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/13/2013 3:09:23 PM Name: KlatzkowJeff Title: County Attorney Date: 6/14/2013 10:00:40 AM Name: OchsLeo Title: County Manager Date: 6/15/2013 12:38:07 PM Packet Page -491- 6/25/2013 16.A.11. A 6125/2013 16.A.11. SAMAS Approp: 108846 Fund: TDTF FM /Job NO(s) 43202911401 SAMAS Obj.: 7750075 Function: 035 CSFA No. 55.002 Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59- 6000558 -161 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED PLANNING GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2013 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier Metropolitan Planning Organization, 3301 Tamiami Trail E Naples Florida 34112 hereinafter called the Grantee /Agency. WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to carry out responsibilities of the Commission which includes the function of the Designated Official Planning Agency and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to accomplish the duties and responsibilities of the Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41 -21 Florida Administrative Code, Commission policies, and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013; and as further described in this Agreement and in Exhibit(s) _ A, B, C, D attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide financial assistance to the Grantee 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: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and focal Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe; assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Grantee will use its best efforts to enable the Grantee to TD Planning Grant Agreement Form Rev. 5/14/2013 Page 1 of 26 Packet Page -492- 4,?I 6/25/2013 16.A.11. provide the necessary funds for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial and operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C ". Failure by the Grantee to provide such documents, or provide documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code, and the Program Manual for Transportation Disadvantaged Planning Related Services, as revised on May 14, 2013. 3.00 Total Project Cost: The total estimated cost of the Project is $ 25,896.00. This amount is based upon the budget summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ 25,896.00 as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B ", whichever is less. 4.10 Eligible Costs: Planning Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to undertake planning activities. 4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; and d) Submission of all certifications, invoices, detailed supporting documents or other obligating documents and all other terms of this agreement. 4.30 Front End funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: TD Planning Grant Agreement Form Rev. 5/14/2013 Page 2 of 26 Packet Page -493- n 6/25/2013 16.A.11. 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B ", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision which changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B ". This schedule shall show disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B" 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such financing accounts are referred to herein collectively as the "Project Account ". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds ". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account all TD Planning Grant Agreement Form Rev. 5/14/2013 Page 3 of 26 Packet Page - 494 - j 6/25/2013 16.A.11. eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project shall be supported by detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the tasks accomplished or deliverables completed in acceptable form to the Commission were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audits: Part I: Federally Funded Recipients of federal funds (i.e. state, local government, or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 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 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 Commission. 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 of 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, as revised. TD Planning Grant Agreement Form Rev. 5/14/2013 Packet Page -495- Page 4 of 26 6/25/2013 16.A.11. A00"N 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient 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 Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 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 "D" to this agreement indicates the 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 Commission, 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. 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)(d), Florida Statutes, and Chapters 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 $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State 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. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 5 of 26 Packet Page -496- 6/25/2013 16.A.11. Part III: Other Audit Requirements The Recipient 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. 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 Commission, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Commission 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 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by Part I above shall be submitted, when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 1. In the event that a copy of the reporting package for an audit required by Part I above and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Commission for reasons pursuant to section .320(e)(2), OMB Circular A- 133, as revised, 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: TD Planning Grant Agreement Form Rev. 5/14/2013 Page 6 of 26 Packet Page -497 - 6/25/2013 16.A.11 Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 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, as revised, and any management letters issued by the auditor, to the Commission at each of the following addresses: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 Copies of financial reporting packages shall be submitted by or on behalf of the recipient directly to each of the following: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 r^ And 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 audit findings shall be submitted by or on behalf of the recipient directly to: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the Planning Grant agreement for a period of at least five years from the date the audit report is issued, and shall allow the Commission or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available /01� to the Commission, or its designee, 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 TD Planning Grant Agreement Form Rev. 5/14/2013 Page 7 of 26 Packet Page -498- �� 6/25/2013 16.A.11. Commission. Monitoring: In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised (see "Audits" above), monitoring procedures may include, but not be limited to, on -site visits by Commission staff. The grantee agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the grantee is appropriate, the grantee agrees to comply with any additional instructions provided by the Commission staff regarding such audit. The grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Commission funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399 -0450 its requisition on form or forms prescribed by the Commission, and such other data pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement /Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/ Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; TD Planning Grant Agreement Form Rev. 5/14/2013 Page 8 of 26 Packet Page -499- 0 n, 6/25/2013 16.A.11. 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C ". 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A -24, 41 -2, and 60A -1 Florida Administrative Code, and the Program Manual for Planning Related Services is met. The Commission shall pay the Grantee for the satisfactory performance of each task as outlined in Exhibit "A." 8.60 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its TD Planning Grant Agreement Form Rev. 5/14/2013 Page 9 of 26 Packet Page -500- 9 6/25/2013 16.A.11. obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the agency or its contractors to allow public access to all documents, papers, letters, records, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, deliverables, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood TD Planning Grant Agreement Form Rev. 5/14/2013 Pa a 10 of 26 Packet Page -501- 9 c� 6/25/2013 16.A.11. 10 � and agreed by the parties hereto that participation by the Commission in a project with the Grantee, where said project involves a consultant contract for any services, is contingent on the Agency complying in full with provisions of section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services or other commodities shall comply with the provisions of section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations. of the Federal Department of Justice, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, TD Planning Grant Agreement Form Rev. 5/1412013 Page 11 of 26 Packet Page -502- v 6/25/2013 16.A.11. services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non- discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub - contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other 7D Planning Grant Agreement Form Rev. 5/14/2013 Page 12 of 26 Packet Page -503- 6/25/2013 16.A.11. printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and 1110�1 2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant to the contract with the Commission. The Commission shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about E- Verify. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution:Not applicable. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 13 of 26 Packet Page -504- 1 ``' 6/25/2013 16.A.11. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Grantee may proceed as soon as possible with the Project. 15.00 Plans and Specifications: Not applicable. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Planning Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of section 768.28 Florida Statutes, or any similar provision of law. Notwithstanding the foregoing, pursuant to section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's or any subcontractor's or other entity's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. If applicable, Grantee's performance of its obligations under this Agreement is subject to an appropriation by the Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations. 17.20 Multi -Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the TD Planning Grant Agreement Form Rev. 5/14/2013 Page 14 of 26 Packet Page -505- 6/25/2013 16.A.11. event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of section 339.135(7)(a), and section 287.058, Florida Statutes, 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 shall be 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 one 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 twenty-five thousand dollars and having a term for a period of more than one year." In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the tern of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission's performance and obligation to pay under any multi -year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2014. If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A "). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2014. 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 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and TD Planning Grant Agreement Form Rev. 5/14/2013 Page 15 of 26 Packet Page -506 - 6/25/2013 16.A.11. hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a thirty -five (35) day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 413 -5516 or toll free (877) 693 -5236. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one -half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal 7D Planning Grant Agreement Form Rev. 5/14/2013 Page 16 of 26 Packet Page -507- C,,t 6/25/2013 16.A.11. t-*O� assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. /001*11 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. TD Planning Grant Agreement Form Rev. 5/14/2013 Packet Page -508- Page 17 of 26 {CA{ 6/25/2013 16.A.11. FM /JOB No(s). 43202911401 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: Collier Metropolitan Planning COMMISSION FOR THE TRANSPORTATION Organization DISADVANTAGED BY: BY: TITLE: AWevel as to fors E kjW suffidency 7 Deputy County Attorney TD Planning Grant Agreement Form Rev. 5/1412013 TITLE: Executive Director (Commission Desionee) Packet Page -509- Page 18 of 26 6/25/2013 16.A.11. FM /JOB No(s). 43202911401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES: PLANNING This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Collier Metropolitan Planning Organization, 3301 Tamiami Trail E., Naples, Florida, 34112 . I. PROJECT LOCATION: Collier County II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Metropolitan Planning Organization or Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code, Commission policies and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows: I. PROJECT LOCATION: II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Metropolitan Planning Organization or Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code, Commission policies and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows: TASK 1: Weighted value= 17% Jointly develop and annually update the Transportation Disadvantaged Service Plan with the community transportation coordinator and the local coordinating board. Deliverable: Complete Transportation Disadvantaged Service Plan or annual updates. Due prior to the end of grant agreement period (June 30) and pursuant to the Commission's latest instructions for the Memorandum of Agreement and the Transportation Disadvantaged Service Plan. TASK 2: Weighted value= 15% A. When necessary and in cooperation with the local coordinating board, solicit and recommend a community transportation coordinator, in conformity with Chapters 287 and 427, Florida Statutes. Such recommendation shall be presented to the Commission by Planning Agency staff or their designee as needed ?D Planning Grant Agreement Form Rev. 5/14/2013 Page 19 of 26 Packet Page - 510 - Ao 6/25/2013 16.A.11. OR B. Provide staff support to the local coordinating board in conducting an annual evaluation of the community transportation coordinator, including local developed standards as delineated in the adopted Transportation Disadvantaged Service Plan. Assist the Commission for the Transportation Disadvantaged in joint reviews of the community transportation coordinator. Deliverable: A. Planning Agency's CTC recommendation letter and signed resolution from the Planning Agency. B. LCB and Planning Agency selected CTC evaluation worksheets pursuant to the most recent version of the Commission's CTC Evaluation Workbook (at a minimum, addressing Competition, Cost - Effectiveness and Efficiency, and Level of Coordination). TASK 3: Weighted value= 40% Organize and provide staff support and related resources for at least four (4) local coordinating board meetings per year, holding one meeting during each quarter. LCB meetings will be held in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines and will include at least the following: 1. Agendas for local coordinating board meetings. Where applicable, operator payments should be addressed as a standard agenda item for each meeting. 2. Official minutes of local coordinating board meetings and committee meetings (regardless of a quorum). A copy will be submitted along with the quarterly report to the Commission. Minutes will at least be in the form of a brief summary of basic points, discussions, decisions, and recommendations. Records of all meetings shall be kept for at least five years. 3. A current full and active membership of voting and non - voting members to the local coordinating board. Any time there is a change in the membership, provide the Commission with a current membership roster and mailing list of local coordinating board members. 4. A report of the LCB membership's attendance at the last 4 consecutive LCB meetings (not committee's). Provide staff support for committees of the local coordinating board. Provide public notice of local coordinating board meetings in accordance with the most recent Local Coordinating Board and Planning Agency Operating Guidelines. Provide program orientation and training for newly appointed local coordinating board members. Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; public notice of meetings; training announcement and agenda. ^ TD Planning Grant Agreement Form Rev. 5/14/2013 Page 20 of 26 Packet Page -511- TASK 4: Provide at least one public hearing annual Commission, as requested, in co- sponsorin g separately from the local coordinating board as the scheduled local coordinating board coordinating board meeting). 6/25/2013 16.A.11. Weighted value =40/o ly by each local coordinating board, and assist the public hearings. This public hearing must be held meeting. It may, however, be held on the same day meeting (immediately following or prior to the local Deliverable: Public Hearing agenda and minutes of related hearing only. The agenda and minutes should be separate documents and should not be included in the local coordinating board meeting agenda and minutes, if held on the same day. Minutes may reflect "no comments received" if none were made. TASK 5: Weighted value =4% Develop and annually update by -laws for local coordinating board approval. Deliverable: Copy of LCB approved By -Laws with date of update noted on cover page. TASK 6: Weighted value =40/o Develop, annually update, and implement local coordinating board grievance procedures in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines. Procedures shall include a step within the local complaint and /or grievance n procedure that advises a dissatisfied person about the Commission's Ombudsman Program. Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page. TASK 7: Weighted value =4% Review and comment on the Annual Operating Report for submittal to the local coordinating board, and forward comments /concerns to the Commission for the Transportation Disadvantaged. Deliverable: Cover Page of Annual Operating Report, signed by LCB Chair. TASK 8: Weighted value =4% Research and complete the Actual Expenditures Report for direct federal and local government transportation funds to the Commission for the Transportation Disadvantaged no later than September 15th. Complete the Actual Expenditure Report, using the Commission approved forms. Deliverable: Complete Actual Expenditure Report in accordance with the most recent Commission's instructions. TASK 9: Weighted value =4% Develop and provide the local coordinating board with quarterly progress reports of transportation disadvantaged planning accomplishments and planning contract deliverables as outlined in the planning grant agreement and any other activities related to the transportation disadvantaged program, including but not limited to, consultant contracts, special studies, and marketing efforts. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 21 of 26 Packet Page -512- �� 6/25/2013 16.A.11. Deliverable: Complete Quarterly Progress Reports submitted with invoices. TASK 10: Weighted value =4% Attend at least one Commission sponsored training, including but not limited to, the Commission's regional meetings, the Commission's annual training workshop, or other sponsored training. Deliverable: Documentation related to attendance at such event(s). III. Special Considerations by Planning Agency: Not Applicable IV. SDecial Considerations by Commission: Not Applicable TD Planning Grant Agreement Form Rev. 5/14/2013 Page 22 of 26 Packet Page -513- 9 6/25/2013 16.A.11. FM /JOB No(s) 43202911401 CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND CASHFLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier Metropolitan Planning Organization 3301 Tamiami Trail E Naples Florida, 34112. I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code, Commission policies, and the Program Manual for Transportation Disadvantaged Planning Related Services as revised on May 14, 2013. For the required services, compensation shall be the total maximum limiting amount of $ 25.896.00 for related planning services in Collier County(ies) Task 1 17% $ 4,402.32 Task 2 15% $ 3,884.40 Task 3 40% $10,358.40 Task 4 4% $ 1,035.84 Task 5 4% $ 1,035.84 Task 6 4% $ 1,035.84 Task 7 4% $ 1,035.84 Task 8 4% $ 1,035.84 Task 9 4% $ 1,035.84 Task 10 4% $ 1,035.84 TOTAL: 100% $25,896.00 II. SOURCE OF FUNDS Commission for the Transportation Disadvantaged State Funds (100 %) $25.,896.00 Total Project Cost $25,896.00 III. CASH FLOW — Not applicable. Grantee will be paid based on satisfactory performance of each task detailed in Exhibit A. Jul Aug Sep Oct Nov Dec Jan Feb Mar FY 13/14 TD Planning Grant Agreement Form Rev. 5/14/2013 Packet Page -514- Apr May June Page 23 of 26 an 6/25/2013 16.A.11. FM /JOB No(s). 43202911401 CONTRACT NO. AGREEMENT DATE EXHIBIT "C" PLANNING This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier Metropolitan Planning Organization, 3301 Tamiami Trail E Naples Florida 34112. THE GRANTEE SHALL SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: 1. Submit progress reports to the Commission quarterly. Finished products such as approved Coordinating Board minutes, by -laws, grievance procedure and actions taken, consolidated estimate of Federal and Local government transportation disadvantaged funds, and the Transportation Disadvantaged Service Plan, shall be submitted to the Commission as they are completed. The progress reports and finished products are required to accompany, or to precede, all reimbursement invoices. Reports shall be submitted to: Florida Commission for the Transportation Disadvantaged Attn: Project Manager 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 -0450 THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.107(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 187.017(1)(a), Florida Statutes. TD Planning Grant Agreement Form Rev. 5/14/2013 Page 24 of 26 Packet Page -515- 000 6/25/2013 16.A.11. FM /JOB No(s). 43202911401 CONTRACT NO. AGREEMENT DATE EXHIBIT "D" STATE AGENCY: Florida Department of Transportation /Florida Commission for the Transportation Disadvantaged CSFA #: 55.002 TITLE: Florida Commission for the Transportation Disadvantaged Planning Grant AMOUNT: $25,896.00 COMPLIANCE REQUIREMENTS: ALLOWED ACTIVITIES: Grant funds allocated from the Transportation Disadvantaged Trust Fund are for the specific n purpose of accomplishing the duties and responsibilities of the Official Planning Agency as identified in Chapter 427, Florida Statutes, Rule 41 -2, Florida Administrative Code including, but not limited to, local program management, service development, technical assistance, training and evaluation as needed. (Program Manual, and Grant Agreement Exhibit A) ALLOWABLE COSTS: This is a lump sum percent complete grant. See Program Manual. CASH MANAGEMENT: The Grantee shall abide by the disbursement schedule contained in Exhibit B of the Grant Agreement. Any deviation from the approved schedule in Exhibit B requires advance submission of a supplemental schedule and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit B. REPORTING: Submit progress reports to the Commission quarterly. Finished products such as approved Coordinating Board minutes, by -laws, grievance procedure and actions taken, consolidated estimate of Federal and Local government transportation disadvantaged funds, and the Transportation Disadvantaged Service Plan, shall be submitted to the Commission as they are completed and approved. The progress reports and finished products are required to accompany, or to precede, all reimbursement invoices. (Grant Agreement, Exhibit C) TD Planning Grant Agreement Form Rev. 5/14/2013 Page 25 of 26 Packet Page -516- . �. 6/25/2013 16.A.11. Submit copy of financial reporting packages of audits as required in Section 7.60 of this Agreement and the Program Manual,. MATCHING: There is no match requirement for this grant. PERIOD OF AVAILABILITY: Project expenditures eligible for State participation will be allowed only from the date of this Agreement. (Grant Agreement Provision 4.20) SUBRECIPIENT MONITORING: Third party contracts are contracts between a grantee and any subgrantee, or pass through funding recipient, consultants, or others in the private sector for work needed to carry out a project. Unless otherwise authorized in writing by the Commission, the Grantee may not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund money, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the project without being able to provide a written certification (upon the Commission's request) by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. The procurement, execution, audit and closing of third -party contracts are basic grantee responsibilities and must be carried out using the same guidelines and procedures as described in Chapter 287, Florida Statutes. Inter - agency agreements or contracts passing through grant funds to other public bodies (including public transit operators) or transportation operators as defined in Chapter 427, Florida Statutes, are not third -party contracts. However, the pass- through recipient must comply with Chapter 287, Florida Statutes, if it enters into any subsequent third -party contract using Transportation Disadvantaged Trust Funds. (Grant Agreement Provision 12.10; Program Manual,) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as revised, monitoring procedures may include, but not be limited to, on -site visits by Commission staff. The Grantee agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Commission, the Florida Department of Transportation's Office of Inspector General (OIG) and Florida's Chief Financial Officer or Auditor General. (Program Manual,) TD Planning Grant Agreement Form Rev. 5/14/2013 Packet Page -517- Page 26 of 26